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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 /> § 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally
<br /> contemplated are materially changed in a proposed Change Order or Construction Change Directive so that
<br /> application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or
<br /> Contractor, the applicable unit prices shall be equitably adjusted .
<br /> § 4.3. 10 Waiver of Claims for Consequential Damages. The Contractor and the Owner waive Claims against each
<br /> other for all consequential damages arising out e€ of, orelatgrelated to termination of this Contract.
<br /> Vffigivpr- ine' ae� :Nothin � contained in this section 4 . 3 . 10 shall be deemed to preclude the award and payment of
<br /> liquidated damages by Contractor to Owner pursuant to the Contract Documents . Liquidated Damages pursuant to
<br /> the Contract Documents are Owner' s sole remedy for delay .
<br /> . 1 damages ineuFfed by the 03Arner for- rental expenses, fOF 10SSOSof use, income, ,
<br /> fin
<br /> h- usinea,sis; And. reputation, and f9r loss of management or- employee pr-oduetivity or- of the SeBrices o
<br /> such pefsens—and
<br /> .2 damages ineuFFed by the Contfactor- fOr- pFineipal offioe expenses including the Compensation A
<br /> nel stationed there Le.. lesser o f F. n .. ne: n .. business and nutation and fef loss of «...fir
<br /> Yvaova,aw o,.wuv,avv there, ava avova. , ,
<br /> vnvvya auauc.apa,c.
<br /> ee «l . . A.efn the Work.
<br /> This mutual %raiver- is appheable, without ,
<br /> to all eensequential damages due te either- par-�y ' s termination
<br /> in meor-danee with Article 14 . Nothing eontained in this Seetion 4 . 3 . 10 shall be deemed to preclude an award a
<br /> liquidated difeet damages, when appheable , ift aeoer-danee with the mquifeffillents ef the centfaet DoGuffien
<br /> § 4.4 RESOLUTION OF CLAIMS AND DISPUTES
<br /> § 4.4. 1 Decision of Architect. Claims, including those alleging an error or omission by the Architect but excluding
<br /> those arising under Sections 10. 3 through 10.5 , shall-mayupon request of hoth the Owner and the Contractor, be
<br /> referred initially to the Architect for decision. An initial decision by the n FGhiteet shall be required .&-a rendition
<br /> pr-eeedent to mediation, afbitFmien er- litigation of all Clainas between the Contfraeter- and 0YA%eF arising prier- te the.
<br /> date final payfaent is due, unless 30 days have passed after- the Claim has been fefeffed to the Ar-ehiteet with He
<br /> deeision hmring been Fender-ed by the AT-ehiteet. The AFehiteet will not deeide disputes between the Gentfaetef and
<br /> peEsens or- entAies other- recommendation.
<br /> § 4.4.2 The Architect will review all Claims referred and within ten days of the receipt of the Claim take one or more
<br /> of the following actions : ( 1 ) request additional supporting data from the claimant or a response with supporting data
<br /> from the other party, (2) fe}eetrecommend rejecting the Claim in whole or in part, (3 ) appfeye-recommend approval
<br /> of the Claim, (4) suggest -recommend a compromise, or (5 ) advise the parties that the Architect is unable to resolve
<br /> *" fmake a recommendation if the Architect lacks sufficient information to evaluate the merits of the Claim or
<br /> if the Architect concludes that, in the Architect ' s sole discretion, it would be inappropriate for the Architect to
<br /> reselve the Clai , . make a recommendation.
<br /> § 4.4. 3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek information from
<br /> either pai4y or from per-sons 3hrith speeial knowledge of expef4ise whomay assist the .4 r-ohitpr# in rpmdeFing a.
<br /> . party .
<br /> § 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data,
<br /> such party shall respond, within ten days after receipt of such request, and shall either provide a response on the
<br /> requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the
<br /> Architect that no supporting data will be furnished . Upon receipt of the response or supporting data, if any, the
<br /> Architect will take one of the C }last four (4) numbered actions contemplated
<br /> subparagraph 4 .4.2, in whele efift part;writin stating tating the reasons therefor.
<br /> § 4.4.5 The AFehiteet will approve or- r-ejeet Glaims by written deeisien, ;Ayhieh shall state the reason- the;efer- and
<br /> of a Claim by the Architect sh .all be fin.al and binding on the. . . . I . I . �ct to fnediatie and. a-r-h- it-rat-ine -n-1
<br /> § 4.4.6 When A. vff-iaen deeision of the Ar-ehiteet states that ( 1 ) the deeision is final but subjeet to mediation and
<br /> ar-bitfatien and (2) a demand. for- afbitr-atien ef a Claim eovered by sueh deei6ion miusit be m..Bde within 30 days afte
<br /> the date on which the pany fflaldng the demand receives the final written decision, then failure to demand ar-bitfation
<br /> AIA Document A201 Tm - 1997. Copyright ® 1911 , 19159 1918, 1925, 1937. 19519 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 21
<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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