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§ 4.3.7 Claims for Additional Time
<br />§ 4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided
<br />herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on
<br />progress of the Work. In the case of acontinuing delay only one Claim is necessary.
<br />§ 4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented
<br />by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably
<br />anticipated and -had an adverse effect on the scheduled construction.
<br />§ 4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or
<br />property because of an act or omission of the other party, or of others for whose acts such party is legally
<br />responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within
<br />a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other
<br />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 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for
<br />consequential damages arising out of or relating to this Contract This mutual waiver includes:
<br />.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
<br />business and reputation, and for loss of management or employee productivity or of the services of
<br />such persons; and
<br />2 damages incurred by the Contractor for principal office expenses including the compensation of
<br />personnel stationed there, for losses of financing, business and reputation, and for loss of profit
<br />except anticipated profit arising directly from the Work.
<br />This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination
<br />in accordance with Article 14. Nothing contained in this Section 4.3.10 shall be. deemed to preclude an award of
<br />liquidated direct damages, when applicable, in accordance with the requirements of the Contract Documents.
<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 be referred initially to the Architect for decision. An initial
<br />decision by the Architect shall be required as a condition precedent to mediation, arbitration or litigation of all
<br />Claims between the Contractor and Owner arising prior to the date final payment is due, unless 30 days have passed
<br />after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The
<br />Architect will not decide disputes between the Contractor and persons or entities other than the Owner.
<br />§ 4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the
<br />following actions: (1) request additional supporting data from the claimant or a response with supporting data from
<br />the other party, (2) reject the Claim in whole or in part, (3) approve the Claitii (4) suggest a compromise, or (5)
<br />advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to
<br />evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be
<br />inappropriate for the Architect to resolve the Claim.
<br />§ 4A.3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or.seek information from
<br />either party or from persons with special knowledge or expertise who may assist the Architect in rendering a
<br />decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense.
<br />§ 4A.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 either reject or approve the Claim in whole or in part.
<br />Init. AIA Document A201 TM —1997. Copyright 0 1911,1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by 1 he American
<br />Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 20
<br />reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the
<br />/ maximum extent possible under the law. This document was produced by AIA software at 14:41:00 on 12/10/2008 under Order No.1.000375455_1 which
<br />expires on 10/20/2009, and is not for resale.
<br />(3925236195)
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