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Emits agreed upon or otherwise with reasonable promptness. If no agreement is made <br /> concerning the time within which interpretations required of the Architect shall be furnished in <br /> compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by <br /> the Architect to furnish such interpretations until 15 days after written request is made for <br /> them. <br /> 4 . 2 . 12 Initial interpretations and decisions of the Architect will be consistent <br /> with the intent of and reasonably inferable from the Contract Documents and will be in writing <br /> or in the form of drawings. When making such initial interpretations and initial decisions, the <br /> Architect will endeavor to secure faithful performance by both Owner and Contractor, will not <br /> show partiality to either and will not be liable for results of initial interpretations or decisions so <br /> rendered in good faith. <br /> 4 . 2 . 13 The Architect's decisions on matters relating to aesthetic effect will be final if <br /> consistent with the intent expressed in the Contract Documents. THIS DOCUMENT HAS IMPORTANT LEGAL <br /> CONSEQUENCES. CONSULTATION WITH AN <br /> 4 . 3 CLAIMS AND DISPUTES ATTORNEY IS ENCOURAGED WITH <br /> 4 . 3 . 1 Definition . A Claim is a demand or assertion by one of the parties seeking, as a RESPECT TO ITS COMPLETION <br /> OR <br /> matter of right, adjustment erg of Contract terms, payment of money, extension MODIFICATION. AUTHENTICATION OF TH15 <br /> of time or other relief with respect to the terms of the Contract. The term "Claim" also includes ELECTRONICALLY DRAFTED AIA <br /> other disputes and matters in question between the Owner and Contractor arising out of or DOCUMENT MAY BE MADE BY USING AIA <br /> relating to the Contract. Claims must be initiated by written notice . Claims shall be initiated DOCUMENT D401. <br /> by written notice and shall be expressly stated to be a Claim under this paragraph 4 . 3 . This document has been a roved and <br /> Th ii t . to Claims ..hall Fest with the pa fliy ... .. 1dmg the ,1 .a4fl. PP <br /> r b � endorsed by The Associated General <br /> Contractors of America. <br /> 4 . 3 . 2 Time Limits on Claims . Claims by either party shall 1fmA be initiated within 21 days <br /> after occurrence of the event giving rise to such Claim or within 21 days after the claimant first <br /> recognizes the condition giving rise to the Claim, whichever is later. Claims shall must be <br /> 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 <br /> otherwise agreed in writing or as provided in Subparagraph 9.7.1 and Article 14, the Contractor <br /> shall proceed diligently with performance of the Contract and the Owner shall continue to <br /> make payments in accordance with the Contract Documents. <br /> 4 . 3 .4 Claims for Concealed or Unknown Conditions . If conditions are encountered at <br /> the site which are (1) subsurface or otherwise concealed physical conditions which differ <br /> materially from those indicated in the Contract Documents or ( 2) unknown physical <br /> conditions of an unusual nature, which differ materially from those ordinarily found to exist <br /> and generally recognized as inherent in construction activities of the character provided for in <br /> the Contract Documents, then notice by the observing party shall be given to the other party <br /> promptly before conditions are disturbed and in no event later than 21 days after first <br /> observance of the conditions. The Architect will promptly investigate such conditions and, if <br /> they differ materially and cause an increase or decrease in the Contractor's cost of, or time <br /> required for, performance of any part of the Work, will recommend an equitable adjustment in <br /> the Contract Sum or Contract Time, or both. If the " _,.Lite.* ,let ,,... .. : nes that the conditions at <br /> the site are not materially different from those indicated in the Contract Documents and that <br /> no change in the terms of the Contract is justified, the Architect shall so notify the Owner and <br /> Contractor in writing, stating the reasons. Claims by either party in opposition to such findings <br /> eletfatierl must be made within 21 days after the Architect has given notice of the finding . f. , <br /> If the conditions encountered are materially different, the Contract Sum and Contract Time �= <br /> shall be equitably adjusted, but if the Owner and Contractor cannot agree that the conditions <br /> are materially different or cannot agree on an adjustment in the Contract Sum or Contract 01997 AIA® <br /> AIA DOCUMENT A201 - 1997 <br /> GENERAL CONDITIONS OF THE <br /> 0 Copyright 1911, 1915, 1918, 1 5, 1937, 1951 , 1958, 1 1, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The <br /> CONTRACT FOR CONSTRUCTION <br /> American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial <br /> quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of <br />Architects <br /> States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, <br /> N .W. <br /> copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 <br /> with permission of the AIA and can be reproduced in accordance with your license without violation until <br /> the date of expiration as noted below. expiration as noted below . expiration as noted below . User <br /> Document : a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004. AIA License Number 1127252, <br /> which expires on 12/31/2004. <br /> 21 <br />