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first recognizes the condition giving rise to the Claim, whichever is later. Claims mast shall be initiated by written
<br /> 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
<br /> or as provided in Section 9 . 7 . 1 and Article 14, the Contractor shall proceed diligently with performance of the
<br /> Contract and the Owner shall continue to make payments in accordance with the Contract Documents .
<br /> § 4.3 .4 Claims for Concealed or Unknown Conditions . If conditions are encountered at the site which are ( 1 )
<br /> subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract
<br /> Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily
<br /> found to exist and generally recognized as inherent in construction activities of the character provided for in the
<br /> Contract Documents , then notice by the observing party shall be given to the other party promptly before conditions
<br /> are disturbed and in no event later than 24- 10 days after first observance of the conditions. The Architect will
<br /> promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the
<br /> Contractor' s cost of, or time required for, performance of any part of the Work, will recommend an equitable
<br /> adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site
<br /> are not materially different from those indicated in the Contract Documents and that no change in the terms of the
<br /> Contract is justified , the Architect shall so notify the Owner and Contractor in writing, stating the reasons . Claims by
<br /> either party in opposition to such findings determination must be made within 21 days after the Architect has given
<br /> notice of the desisien-decision finding. If the conditions encountered are materially different, the Contract Sum and
<br /> Contract Time shall be equitably adjusted, but if the Owner and Contractor cannot agree that the conditions are
<br /> materially different or cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustfaefit
<br /> matter may be ref " d to the A Fehiteet for initial aete..„, inatiG subject to further proceedings pursuant to Section
<br /> 4.4. No Claim of the Contractor under this section 4. 3 .4 shall be allowed unless the Contractor has given the notice
<br /> required in this section 4. 3 .4 .
<br /> § 4.3. 5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum,
<br /> written notice as provided herein shall be given before proceeding to execute the Work. Such notice shall include, to
<br /> the extent then known by Contractor, full details and substantiating data to permit evaluation by the Owner and the
<br /> Architect If further, or other, information subsequently becomes known to contractor, it shall be promptly furnished
<br /> to the Owner and the Architect in writing . Prior notice is not required for Claims relating to an emergency
<br /> endangering life or property arising under Section 10. 6 .
<br /> § 4.3. 6 If the Contractor believes additional cost is involved for reasons including but not limited to ( 1 ) a written
<br /> interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault,
<br /> (3 ) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5 )
<br /> termination of the Contract by the Owner, (6) Owner' s suspension or (7) other reasonable grounds, Claim shall be
<br /> filed in accordance with this Section 4. 3 . Failure to file any such Claim in accordance with this Section 4 . 3 shall
<br /> constitute a waiver thereof.
<br /> § 4.3.7 Claims for Additional Time
<br /> § 4.3 . 7.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided
<br /> herein shall be given. The Contractor ' s Claim shall include an estimate of cost and of probable effect of delay on
<br /> progress of the Work. In the case of a continuing delay only one Claim is necessary.
<br /> § 4.3 .7.2 If adverse weather conditions are the basis for a Claim for additional time , such Claim shall be documented
<br /> by data substantiating that weather conditions were seasonally abnormal at the Project site for the period of time,
<br /> could not have been reasonably anticipated and had an adverse effect on the scheduled construction.
<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
<br /> responsible, written notice of such injury or damage, whether or not insured, shall be given to the Architect and the
<br /> other party within a reasonable time not exceeding 21 days after discovery . The notice shall provide sufficient detail
<br /> to enable the other party to investigate the matter .
<br /> AIA Document A201 ^" — 1997. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963 , 1966, 1970, 1976, 1987 and 1997 by The
<br /> American
<br /> Institute of Architects. All rights reserved. WARNING : This AIO Document is protected by U.S. Copyright Law and International Treaties. .L0
<br /> Unauthorized reproduction or distribution of this AIA` Document, or any portion of It, may result In severe civil and criminal penalties, and will
<br /> be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14 :50:06 on 08/10/2005 under Order
<br /> No. 1000192296_1 which expires on 8/8/2006, and is not for resale.
<br /> User Notes: (726890250)
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