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dafnages -ieeurred * 4he Gentrac-ter -fer pial e€fce expensesifwluding4ke - cempensetienef persennel statiened-there;-far lesser eft husiness-and- r�ien; -and -fff4ess -ef-pre€txeept anticipated -pre€rt arisingElifeEt -ft-em - the -Wer-k. shall -be deemed 4e pfeclude -an ward -ef -liquidated direEt dafxages, when applicable, -in - 4 . 4 RESOLUTION OF CLAIMS AND DISPUTES 4 . 4 . 1 Decision of Architect . Claims, including those alleging an error or omission by the Architect but excluding those arising under Paragraphs 10. 3 through io.5, shall may. upon request of both the Owner and the Contractor, be referred initially to the Architect for a recommendation . deEisien: AR mal deEisien -by 4he ^ -pct -shall -be wed -as -a - THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN and 9NYRer ar}sing prier4e4he-da4e-f nal payment4s-lue; unless-3e4ays-have-passed-after4he- ATTORNEY IS ENCOURAGED WITH Claim -has -been referred -te 4he ^z tect -% itk -ne deeisien having -been " * 4he - RESPECT TO ITS COMPLETION OR Architect.ect. -The Architect -wi4 -net decide disputes between 4he Gentracter -and persons -of - MODIFICATION. AUTHENTICATION OF THIS entities ether- than a11e nNffie} ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 4 . 4 . 2 The Architect will review all Claims referred and within ten days of the receipt of the DOCUMENT D401. Claim take one or more of the following actions: ( 1) request additional supporting data from This document has been approved and the claimant or a response with supporting data from the other party, ( 2) recommend rejeE4 endorsed by The Associated General renectina the Claim in whole or in part, ( 3) recommend approval of appfeve the Claim, ( 4) Contractors of America. recommend suggest a compromise, or ( 5 ) advise the parties that the Architect is unable to make a recommendation feselve4he Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to make a recommendation . reselve the Claim. 4 . 4 . 3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek information from either party_ eft perseas -wm-s eEial edge-ef expertise-vhe- may assist -the ^ _pct in render-ing -a deEisien.. -The ^z hitee -tray request 4he 9Nvnef 4e - 4 . 4 . 4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either provide a response en or the requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Architect will take one of the last four (4 ) numbered actions contemplated in subparagraph 4 .4 .2 , in writing stating the reasons therefore . eitber-FejeEt-er approve - the 4.4.5 The ^z kest-will appfeve-ef-rejec4 Glaifns* wMtendeaisienrwhieh -shall state4he- feasens thefefer -and which -shall -notify -the pafties -of any Ehenge -in -the GentfaR SUM -er - fitmetTime er- both. The r r e, . the Ar-rzhiterzt shau be final binding en the pat4ies but subjeEt te mediatien and arbitration. +!. .-W OW •r 4�G6 When a %Tit4en deeisien ef the AFehiteet states that ( t) the decision is final but subject 111111111MIIIIIII to medlatien -and arbltfatien -and 434 -a demand 4er arbitfatien -of-a Claim eEwer-ed * -such - decisiAn must-be made Nvithi-3e -&3 s -after 4he-date -em which3e pafty 3g 3e demand_ 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE 0 Copyright 1911, 1915, 1918, 1925, 19371 1951 , 19581 1961, 1963, 1966, 19671 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 . 23