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