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the Work in accordance with Sections 13 . 5 . 2 and 13 . 5 . 3 , whether or not such Work is fabricated, installed or
<br /> completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or
<br /> not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Owner to the
<br /> Contractor, Subcontractors, material and equipment suppliers, their agents or employees , or other persons or entities
<br /> performing portions of the Work.
<br /> § 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor' s submittals such
<br /> as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with
<br /> information given and the design concept expressed in the Contract Documents. The Architect' s action will be taken
<br /> with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or
<br /> separate contractors, while allowing sufficient time in the Architect' s professional judgment to permit adequate
<br /> review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of
<br /> other details such as dimensions and quantities, or for substantiating instructions for installation or performance of
<br /> equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract
<br /> Documents . The Architect ' s review of the Contractor' s submittals shall not relieve the Contractor of the obligations
<br /> under Sections 3 . 3 , 3 .5 and 3 . 12 . The Architect' s review shall not constitute approval of safety precautions or, unless
<br /> otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or
<br /> procedures . The Architect' s approval of a specific item shall not indicate approval of an assembly of which the item
<br /> is a component.
<br /> § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may with the prior
<br /> written approval of the Owner' s Representative, authorize minor changes in the Work as provided in Section 7 .4 .
<br /> § 4.2 .9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date
<br /> of final completion, will receive and forward to the Owner, for the Owner' s review and records, written warranties
<br /> and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate
<br /> for Payment upon compliance with the requirements of the Contract Documents .
<br /> § 4.2. 10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in
<br /> carrying out the Architect' s responsibilities at the site. The duties, responsibilities and limitations of authority of
<br /> such project fep�representatives, if any, shall be as set forth in an exhibit to be incorporated in the
<br /> Contract Documents.
<br /> § 4.2. 11 The Architect will interpret and decide matters concerning performance under and requirements of, the
<br /> Contract Documents on written request of either the Owner or Contractor. The Architect' s response to such requests
<br /> will be made in writing within any time limits agreed upon or otherwise with reasonable promptness . If no
<br /> agreement is made concerning the time within which interpretations required of the Architect shall be furnished in
<br /> compliance with this Section 4.2, then delay shall not be recognized on account of failure by the Architect to furnish
<br /> such interpretations until 15 days after written request is made for them.
<br /> § 4.2. 12 Intef-pr-etatief►sr Initial interpretations and decisions of the Architect will be consistent with the intent of and
<br /> reasonably inferable from the Contract Documents and will be in writing or in the form of drawings . When making
<br /> such initial interpretations and initial decisions, the Architect will endeavor to secure faithful performance by both
<br /> Owner and Contractor, will not show partiality to either and will not be liable for results of initial interpretations or
<br /> decisions so rendered in good faith.
<br /> § 4.2. 13 The Architect ' s decisions on matters relating to aesthetic effect will be final if consistent with the intent
<br /> expressed in the Contract Documents .
<br /> § 4.3 CLAIMS AND DISPUTES
<br /> § 4.3. 1 Definition , A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment 6f
<br /> inter-pr-etatien-of Contract terms, payment of money, extension of time or other relief with respect to the terms of the
<br /> Contract. The term " Claim" also includes other disputes and matters in question between the Owner and Contractor
<br /> arising out of or relating to the Contract. Claims must be initiated by written notice. The respite
<br /> claims shall be initiated by written notice and shall rest with the pai4y making the494aifn-.be expressly
<br /> stated to be a Claim under this paragraph 4. 3 .
<br /> AIA Document A201Tm — 1997. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987 and 1997
<br /> by The
<br /> American Institute of Architects. All rights reserved. WARNING : This AIA* Document Is protected by U.S. Copyright Law and International Treaties.
<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 19
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:14:54 on 05/25/2005 under Order
<br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale.
<br /> User Notes: (3418817618)
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