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111111111 <br />• <br />Paragraph 4.3. <br />4.3.2 Time Limits an Claims. Claims by either party shall must be initiated within 21 days ancr occurrence of the event <br />giving rise to such Claim or within 21 days after the claimant First recognizes the condition giving rise to the Claim, wllichcvcr <br />is litter. Claims shall must be initiated by written notice to the Architect and the other party. <br />4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing, or as <br />provided in Subparagraph 9.7.1 and Article 14. the Contractor shall proceed diligently with performance of the Contract and <br />the Ohvner shall continue to [Hake payments in accordance with ilia Contract Documents, <br />4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (i) subsurface or <br />otherwise concealed physical conditions which differ materially from those indicated in ilia Contract Documents or (2) <br />unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally <br />recognized as inherent in construction activities of Ilia character provided for in the Contract Documents, then notice by the <br />observing party shall be given to the other party promptly before conditions are disturbed and in no evens later than 21 days <br />alter first observance of the conditions. The Architect swill promptly investigate such conditions and, if they differ materially <br />and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will <br />recommend an equitable adjustment in the Contrast Sum or Contract Time. or both. If the Architwi-determines-that-the <br />conditions at the site arc not materially differcin from those indicated in the Contract Documents and that no change in the <br />terms of the Contract is justified, the Architect shall so notify lite Owner and Contractor in writing, stating the reasons. Claims <br />by either party in opposition to such fin�detormination must be made within 21 days after ilia Architect has given notice of <br />the f -dim .deeision: If the conditions encountered arc materially different, the Contract Sunt and Contract Time ,,Ball be <br />equitably adjusted, but if the Owner and Contractor cannot agree that the conditions are matcria9kv different or cannot age on <br />an adjustment in the Contract Swim or Contract Time.. tine matter shall be adjust am slhall-be-referred-to the-A.rehitest-fvr-ilriW <br />determination; subject to further proceedings pursuant to Paragraph 4.4. <br />4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written <br />notice as provided herein shall be given before proceeding to execute Ilia Work. Such notice shall include to the extent then <br />known h Contractor, full details and substantjatjng datato_rmt evaluation l_yI the Owner and the Architect. If further, or <br />other, information su ucntly nres known to the Contractor, it slla�ll be PMO -M { fumislled to the Owner and the <br />Architect in writing, Prior notice is not required for Claims relating to an emergency endangering life or property arising under <br />Paragraph 10.6. <br />4,3.6 If ilia Contractor believes additional cost is involved for masons including but not lirniced to (1) a wriilen <br />interpretation from the Architect, (2) an order by the Owner 10 stop the Work where The Contractor was net at ]atilt, (3) a <br />written order for a minor change in the Work issued by the Architect. (4) failure of payment by the Owner, (5) termination or <br />the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this <br />Paragraph 4.3, Iailurc to lilt any such laims in accordance with this Paragraph 4.3 shall constitute a Ivaiver ihcroof. <br />4.3.7 Claims for Additional Time <br />4.3.7.1 if the Contractor wishes to make Claim for on increase in the Contract Time, written notice as provided herein shall be <br />given- The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In Ilia <br />case of a continuing delay only one Claim is necessary. <br />4.3.7,2 if adverse weather conditions are the basis rot a Claim for additional time, such Claim shall be documented by data <br />substantiating that weather conditions were seasonally abnormal at the 1'roiccl sile_for the period of time, could not have beett <br />reasonably anticipated and had an adverse effect on ilia scheduled Lonstnaclion. <br />4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or <br />property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written <br />notice of such injury or damage, whether or not insured, shall be, given to the 11rc1titect a ld- the tyllier party within a reasonable <br />time not exceeding 21 days after discovery, The notice shall provide sufficient detail to enable- the other party to investigate the <br />matter. <br />Atli I)tlC:l Ihn:N7' A2fa1 �[IICPniRAI . l'r3Nnl l'U MNS Ci}"t7 n; L'U\ I'kAC` S- VOR C aN;Si't I V VIl IN - 1997 V .I l I lh VN •AIA - COPYRIGHT YRnit tT 1'I'a7 .'tit HE AWRICAN <br />INtrrt7i17'n SIF ARCIRIT.C71'a, 1735 NEW YORK AVl•:NLn: N.W.. WANHINrITON, D.l, 21usl6-5272. WARNINtVIhtltrvtaut F4iolma,rvirg v'u+Maur 1r:S. <br />LvIpyaijou lawn andwill whjW* illu violatur to ILVp%Pna AXAUXI Wx "vi"l was v^h "mi-Ily rro(lo W %khh PvTutiaviLat utfliv AMA and vwl 1 r 1n.wNwd uwidwt <br />vivlatim wdil die data of ev iti trot) au nolo i ttihxv. <br />litcthrontc Formal A201-1997 <br />User I)ocunlcnl7 VENO -- 7/11/21M. AIA Licensc Number 1041100, which expires on 11111211111 -- Riga all] <br />