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§ 4.2.11 The Architect will interpret and decide matters concerting 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 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable
<br />from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations
<br />and initial decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will
<br />not show partiality to either and will not be liable for results of interpretations or 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 or
<br />interpretation 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 responsibility to
<br />substantiate Claims shall rest with the party making the Claim.
<br />§ 4.3.2 Time Limits on Claims. Claims by either party must be initiated within 21 days after occurrence of the event
<br />giving rise to such Claimor within 21 days after the claimant first recognizes the condition giving rise to the Claim,
<br />whichever is later. Claims must be 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 otherwise agreed in writing
<br />or as provided in Section 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the
<br />Contract and the Owner shall continue to make payments in accordance with the Contract Documents.
<br />§ 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1)
<br />subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract
<br />Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily
<br />found to exist and generally recognized as inherent in construction activities of the character provided for in the
<br />Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions
<br />are disturbed and in no event later than 21 days after fast observance of the conditions. The Architect will promptly
<br />investigate such conditions and, if they differ materially and cause an increase or decrease in -the Contractor's cost
<br />of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the
<br />Contract Sum or Contract Time, or both. if the Architect determines that the conditions at the site are not materially
<br />different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified,
<br />the Architect slush so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in
<br />opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If
<br />the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted,
<br />but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the
<br />adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to
<br />Section 4.4.
<br />§ 4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum,
<br />written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required
<br />for Claims relating to an emergency endangering life or property arising under Section 10.6.
<br />§ 4.3X If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written
<br />interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault,
<br />(3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5)
<br />termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be
<br />filed in accordance with this Section 4.3.
<br />AIA Document A201 T —1997. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American
<br />Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 19
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