PCM-AIA A201 General Conditions of the Contract Flashcards

Question

A201-2017 - § 2.1.2 The Owner shall furnish to the Contractor:

Answer 1

1.) within 15 days, after receipt of a written request by the contractor. 2.) information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic's lien rights. 3.) a correct statement of the record legal title to the property on which the project is located.

Answer 2

§ 2.2.1 **Prior** to commencement of the Work, and upon request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s _obligations_ under the Contract. 2.) The Contractor shall have _no obligation to commence the Work_ until the Owner provides such evidence. 3.) If commencement of the Work is delayed under this Section 2.2.1, the _Contract Time shall be extended_ appropriately.

Answer 3

§ 2.2.2 **Following** commencement of the Work and _upon written_ request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within **fourteen days** of the Contractor’s request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, _the Contract Time shall be extended_ appropriately and _the Contract Sum shall be increased_ by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents.

Answer 4

§ 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the _Owner shall not materially vary such financial arrangements_ without prior notice to the Contractor.

Answer 5

§ 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as “confidential,” the Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose “confidential” information, _after seven (7) days’ notice to the Owner_, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose “confidential” information to its employees, consultants, sureties, Subcontractors and their employees, Sub-subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. (see B101)

Answer 6

§ 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, _the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities._

Answer 7

§ 2.3.2 The Owner shall _retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located._ That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number.

Answer 8

§ 2.3.3 If the employment of the Architect terminates, the Owner shall _employ a successor to whom the Contractor has no reasonable objection_ and whose status under the Contract Documents shall be that of the Architect.

Answer 9

§ 2.3.4 The Owner shall _furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site._ The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work.

Answer 10

§ 2.3.5 The Owner shall _furnish information or services required of the Owner by the Contract Documents with reasonable promptness._ The Owner shall also _furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness_ after receiving the *Contractor’s written* request for such information or services.

Answer 11

If the _Contractor fails to correct Work_ that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the _Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated;_ however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3.

Answer 12

If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails **within a ten-day period after receipt of notice** from the Owner to commence and continue correction of such default or neglect with diligence and promptness, _the Owner may_, without prejudice to other remedies the Owner may have, _correct such default or neglect_. Such action by the Owner and amounts charged to the Contractor are both subject to _prior approval of the Architect_ and the Architect may, pursuant to Section 9.5.1, _withhold or nullify a Certificate for Payment_ in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the _Architect’s additional services_ made necessary by such default, neglect or failure. If current and future payments are not sufficient to cover such amounts, the _Contractor shall pay the difference to the Owner_. If the _Contractor disagrees_ with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the _Contractor may file a Claim_ pursuant to Article 15.

Answer 13

§ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term “Contractor” means the Contractor or the Contractor’s authorized representative.

Answer 14

§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or _by tests, inspections or approvals required or performed by persons or entities other than the Contractor._

Answer 15

§ 3.2.1 **Execution of the Contract** by the Contractor is a representation that _the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents._

Answer 16

§ 3.2.2 _Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner_ pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, _the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information_ in such form as the Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents.

Answer 17

§ 3.2.3 The Contractor is **not required** to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, _but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information_ in such form as the Architect may require.

Answer 18

§ 3.2.4 If the _Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information_ pursuant to Sections 3.2.2 or 3.2.3, _the Contractor shall submit Claims as provided in Article 15._ If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations. _If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities._

Answer 19

§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The **Contractor** shall be solely _responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract. _ If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, _the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures._ If the Contractor determines that such means, methods, techniques, sequences or procedures may **not be safe**, the Contractor shall give timely notice to the Owner and Architect, and _shall propose alternative means, methods, techniques, sequences or procedures._ The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor’s proposed alternative, the _Contractor shall perform the Work using its alternative means, methods, techniques, sequences or procedures._

Answer 20

§ 3.3.2 The **Contractor** shall be _responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors._ § 3.3.3 The **Contractor** shall be _responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work._

Answer 21

§ 3.4.1 Unless otherwise provided in the Contract Documents, _the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work,_ whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 _Except in the case of minor changes in the Work approved by the Architect_ in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, _the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive._ § 3.4.3 The Contractor shall _enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work._ The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them.

Answer 22

§ 3.5.1 The **Contractor warrants**_ to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise._ The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty **excludes** remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4

Answer 23

§ 3.7.1 Unless otherwise provided in the Contract Documents, _the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies_ necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall _assume appropriate responsibility for such Work and shall bear the costs attributable to correction._

Answer 24

If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that 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, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in **no event later than 14 days after first observance** of the conditions. The Architect will promptly investigate such conditions and, _if the Architect determines that 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 that an equitable adjustment be made in the Contract Sum or Contract Time, or both._ If the Architect determines 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 promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may submit a Claim as provided in Article 15

Answer 25

§ 3.7.5 If, in the course of the Work, the Contractor _encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect._ Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but _shall continue with all other operations that do not affect those remains or features._ _Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15._

Answer 26

§ 3.8.1 The Contractor shall _include in the Contract Sum all allowances_ stated in the Contract Documents. _Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct_, but the Contractor shall _not be required to employ persons or entities to whom the Contractor has reasonable objection._ § 3.8.2 Unless otherwise provided in the Contract Documents, * .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; * .2 _Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be *included in the Contract Sum* but not in the allowances_; and * .3 whenever costs are more than or less than allowances, _the Contract Sum shall be adjusted accordingly by Change Order._ The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness.

Answer 27

§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, _shall notify the Owner and Architect of the name and qualifications of a proposed superintendent. **Within 14 days of receipt of the information**, the Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review._ Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor _shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection._ The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed.

Answer 28

§ 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner’s and Architect’s information _a Contractor’s construction schedule for the Work._ The schedule shall contain detail appropriate for the Project, including (1) _the date of commencement of the Work, interim schedule milestone dates and the date of Substantial Completion;_ (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project.

Answer 29

§ 3.10.2 _The Contractor shall promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect’s approval._ The Architect’s approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals.

Answer 30

§ 3.11 The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed.

Answer 31

§ 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work.

Answer 32

§ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.

Answer 33

§ 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship, and establish standards by which the Work will be judged.

Answer 34

§ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. _**Their purpose** is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals._ Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action.

Answer 35

§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors.

Answer 36

§ 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.

Answer 37

§ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals until the _respective submittal has been approved by the Architect._

Answer 38

§ 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples, or similar submittals unless the Contractor has specifically notified the Architect in writing of such deviation at the time of submittal and (1) the Architect has **given written approval** to the specific deviation as a minor change in the Work, or (2) a **Change Order or Construction Change Directive** has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals, by the Architect’s approval thereof.

Answer 39

§ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such notice, the Architect’s approval of a resubmission shall not apply to such revisions.

Answer 40

§ 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law.

Answer 41

§ 3.12.10.1. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the _Architect will specify all performance and design criteria that such services must satisfy._ The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the _Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents._

Answer 42

§ 3.12.10.2 If the Contract Documents require the Contractor’s design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect.

Answer 43

The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment.

Answer 44

§ 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents.

Answer 45

§ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor.

Answer 46

The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located.

Answer 47

The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or a patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect.

Answer 48

§ 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 3.18.

Answer 49

§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.

Answer 50

§ 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended _without written consent of the Owner, Contractor and Architect._ Consent shall not be unreasonably withheld.

Answer 51

§ 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and _will be an Owner’s representative during construction until the date the Architect issues the final Certificate For Payment._ The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents.

Answer 52

§ 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect _will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities_ under the Contract Documents.

Answer 53

§ 4.2.3 On the basis of the site visits, _the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,_ and promptly report to the Owner (1) _known deviations from the Contract Documents,_ (2) _known deviations from the most recent construction schedule submitted by the Contractor_, and (3) _defects and deficiencies observed in the Work._ The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work.

Answer 54

The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols.

Answer 55

The Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.

Answer 56

The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work.

Answer 57

§ 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect’s review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.

Answer 58

§ 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.

Answer 59

§ 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10.

Answer 60

§ 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect’s responsibilities at the site. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives.

Answer 61

§ 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.

Answer 62

§ 4.2.12 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 interpretations and 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 interpretations or decisions rendered in good faith.

Answer 63

§ 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.

Answer 64

§ 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information.

Answer 65

§ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term “Subcontractor” does not include a Separate Contractor or the subcontractors of a Separate Contractor.

Answer 66

§ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term “Sub-subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor.

Answer 67

§ 5.2.1 Unless otherwise stated in the Contract Documents, _the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work_, including those who are to furnish materials or equipment fabricated to a special design. Within **14 days** of receipt of the information, the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection.

Answer 68

§ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the _Owner or Architect has made reasonable and timely objection._ The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. _If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work._ However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required.

Answer 69

By appropriate agreement, _the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, that the Contractor, by these Contract Documents, assumes toward the Owner and Architect._ Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, _the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner._ Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. _The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents._ Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors.

Answer 70

§ 5.4.1 Each _subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner_, provided that * .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the _Owner accepts by notifying_ the Subcontractor and Contractor; and * .2 assignment is subject to the _prior rights of the surety_, if any, obligated _under bond_ relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract.

Answer 71

§ 5.4.2 Upon such assignment, if the Work has been _suspended for more than **30 days**,_ the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension.

Answer 72

§ 6.1.1 The term “Separate Contractor(s)” shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation.

Answer 73

§ 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term “Contractor” in the Contract Documents in each case shall mean the _Contractor who executes each separate Owner-Contractor Agreement._

Answer 74

§ 6.1.3 _The Owner shall provide for coordination of the activities of the Owner’s own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them._ The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction **schedules** shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised.

Answer 75

§ 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces or with Separate Contractors, _the Owner or its Separate Contracts shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12_

Answer 76

§ 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents.

Answer 77

§ 6.2.2 _If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor’s Work._ **Failure of the Contractor to notify** the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner’s or Separate Contractor’s completed or partially completed construction **is fit and proper to receive the Contractor’s Work**. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent.

Answer 78

§ 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor’s delays, improperly timed activities, damage to the Work or defective construction.

Answer 79

§ 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5.

Answer 80

§ 6.3 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, _the Owner may clean up and the Architect will allocate the cost among those responsible._

Answer 81

§ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by **Change Order, Construction Change Directive or order for a minor change in the Work,** subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents.

Answer 82

§ 7.1.2 A **Change Order** shall be based upon agreement among the Owner, Contractor, and Architect. A **Construction Change Directive** requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a **Minor Change in the Work** may be issued by the Architect alone.

Answer 83

§ 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with change in the Work, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work

Answer 84

§ 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following: * .1 The _change in the Work;_ * .2 The amount of the adjustment, if any, in the _Contract Sum;_ and * .3 The extent of the adjustment, if any, in the _Contract Time._

Answer 85

§ 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly.

Answer 86

§ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order.

Answer 87

§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: * .1 Mutual acceptance of **a lump sum** properly itemized and supported by sufficient substantiating data to permit evaluation; * .2 **Unit prices** stated in the Contract Documents or subsequently agreed upon; * .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable **fixed or percentage fee;** or * .4 As provided in Section 7.3.4.

Answer 88

§ 7.3.4 _If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment_ on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: * .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers’ compensation insurance, and other employee costs approved by the Architect; * .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; * .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; * .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes directly related to the change; and * .5 Costs of supervision and field office personnel directly attributable to the change.

Answer 89

§ 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15.

Answer 90

§ 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time.

Answer 91

§ 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order

Answer 92

§ 7.3.8 The _amount of credit_ to be allowed by the Contractor to the Owner for a deletion or change that results in a _net decrease in the Contract Sum_ shall be _actual net cost_ as confirmed by the Architect. _When both additions and credits covering related Work or substitutions are involved in a change, **the allowance for overhead and profit shall be figured on the basis of net increase,** if any, with respect to that change._

Answer 93

§ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.

Answer 94

§ 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive.

Answer 95

§ 7.4 _The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time._ The Architect’s order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect’s order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time.

Answer 96

§ 8.1.1 Unless otherwise provided, *Contract Time* is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The *date of commencement of the Work* is the date established in the Agreement. § 8.1.3 The date of *Substantial Completion* is the date certified by the Architect in accordance with Section 9.8.

Answer 97

§ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time.

Answer 98

§ 8.3.1 If the _Contractor is delayed at any time_ in the commencement or progress of the Work by (1) an act or neglect of the Owner or Architect, or of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2 or other causes beyond the Contractor’s control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) by other causes that the Contractor asserts, and the Architect determines justify delay, then the _Contract Time shall be extended for such reasonable time_ as the Architect may determine.

Answer 99

§ 9.1.1 The _Contract Sum_ is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 If _unit prices_ are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, _the applicable unit prices shall be equitably adjusted._

Answer 100

§ 9.2 _Where the Contract is based on a **stipulated sum or Guaranteed Maximum Price,**the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work._ The schedule of values shall be prepared in the form , and supported by the data to substantiate its accuracy, required by the Architect. _This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment._ Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and unless objected to by the Architect, _shall be used as a basis for reviewing the Contractor’s subsequent Applications for Payment._

Answer 101

§ 9.3.1 At least **ten days before the date established for each progress payment**, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2., for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of lien from Subcontractors and suppliers, and **shall reflect retainage** if provided for in the Contract Documents.

Answer 102

§ 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders.

Answer 103

§ 9.3.1.2 _Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor **does not intend to pay** a Subcontractor or supplier,_ unless such Work has been performed by others whom the Contractor intends to pay.

Answer 104

§ 9.3.2 Unless otherwise provided in the Contract Documents, _payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work._ If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner **to establish the Owner’s title to such materials and equipment** or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site.

Answer 105

§ 9.3.3 The Contractor warrants that **title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment.** _The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work._

Answer 106

§ 9.4.1 The Architect will, **within seven days** after receipt of the Contractor’s Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect’s reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole as Provided in Section 9.5.1.

Answer 107

§ 9.4.2 _The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect’s knowledge, information, and belief, the Work has progressed to the point indicated, the quality of **the Work is in accordance with the Contract Documents**, and that the Contractor is entitled to payment in the amount certified._ The foregoing representations are subject to an _evaluation of the Work for conformance with the Contract Documents_ upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment **will not be** a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.

Answer 108

§ 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to **protect the Owner**, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. § 9.5.1 (cont.) The Architect may also withhold a Certificate for Payment or, because of **subsequently discovered evidence**, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to **protect the Owner from loss** for which the **Contractor is responsible**, including loss resulting from acts and omissions described in Section 3.3.2, because of: * .1 defective Work not remedied; * .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; * .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; * .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; * .5 damage to the Owner or a Separate Contractor; * .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or * .7 repeated failure to carry out the Work in accordance with the Contract Documents.

Answer 109

§ 9.5.2 When either party disputes the Architect’s decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15.

Answer 110

§ 9.5.3 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld

Answer 111

§ 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, _the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered._ If the Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment

Answer 112

§ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect.

Answer 113

§ 9.6.2 The Contractor _shall pay each Subcontractor no later than **seven days** after receipt of payment from the Owner,_ the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, _require each Subcontractor to make payments to Sub-subcontractors_ in a similar manner.

Answer 114

§ 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor.

Answer 115

§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within **seven days**, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. _Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor or supplier, except as may otherwise be required by law._

Answer 116

§ 9.6.5 The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4.

Answer 117

§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work **not in accordance with the Contract Documents.**

Answer 118

§ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, _payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner._ Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision.

Answer 119

§ 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the _Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier._ Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted.

Answer 120

§ 9.7 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, **within seven days** after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within **seven days after the date** established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, **upon seven additional days’ notice** to the Owner and Architect, **stop the Work** until payment of the amount owing has been received. _The Contract Time shall be extended appropriately, and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents._

Answer 121

§ 9.8.1 **Substantial Completion** is the stage in the progress of the Work when the Work or designated portion thereof is _sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use._

Answer 122

§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is **substantially complete**, the _Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment._ Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.

Answer 123

§ 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which is _not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the **Certificate** of Substantial Completion, complete or correct such item upon notification by the Architect._ In such case, the Contractor shall then submit a request for another inspection by the Architect to determine **Substantial Completion.**

Answer 124

§ 9.8.4 When the Work or designated portion thereof is substantially complete, _the Architect will prepare a **Certificate** of Substantial Completion that shall **establish the date** of Substantial Completion;_ establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. _Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work_ or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.

Answer 125

§ 9.8.5 _The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate._ Upon such acceptance, and consent of surety if any, the _Owner shall make payment of retainage_ applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.

Answer 126

§ 9.9.1 _The Owner may occupy or use any completed or partially completed portion of the Work at any stage_ when such portion is designated by separate agreement with the Contractor, _provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project_. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided _the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties_ required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. _The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect._

Answer 127

§ 9.9.2 Immediately prior to such partial occupancy or use, _the Owner, Contractor, and Architect shall jointly inspect_ the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.

Answer 128

§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work _shall not constitute acceptance of Work not complying with the requirements_ of the Contract Documents.

Answer 129

§ 9.10.1 Upon receipt of the Contractor’s notice that the Work is ready for final inspection and acceptance, and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, _the Architect will promptly **issue a final Certificate for Payment** stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable._ The Architect’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled.

Answer 130

§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an **affidavit** that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a **certificate** evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a **written statement** that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents (4) **consent of surety**, if any, to final payment, (5) **documentation of any special warranties**, such as manufacturers’ warranties or specific Subcontractor warranties, and (6) if required by the Owner, **other data** establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien claim security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees.

Answer 131

§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is **materially** delayed through **no fault** of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the _Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted._ If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims.

Answer 132

§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from * .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; * .2 failure of the Work to comply with the requirements of the Contract Documents; * .3 terms of special warranties required by the Contract Documents; or * .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment.

Answer 133

§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or supplier _shall constitute a waiver of claims_ by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.

Answer 134

The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract.

Answer 135

§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to * .1 employees on the Work and other persons who may be affected thereby; * .2 the Work and materials and equipment to be incorporated therein, whether in storage, on or off the site, under care, custody or control of the Contractor, a Subcontractor, or a Sub-subcontractors; and * .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

Answer 136

§ 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss.

Answer 137

§ 10.2.3 The Contractor shall implement, erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards.

Answer 138

§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel.

Answer 139

§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor,a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18.

Answer 140

§ 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect.

Answer 141

§ 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition.

Answer 142

If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time **not exceeding 21 days after discovery**. The notice shall provide sufficient detail to enable the other party to investigate the matter.

Answer 143

§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, _immediately stop Work in the affected area and notify the Owner and Architect of the condition._

Answer 144

§ 10.3.2 Upon receipt of the Contractor’s notice, _the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless._ Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. _When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor._ _By Change Order, the Contract Time shall be extended appropriately, and the Contract Sum shall be increased by the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up._

Answer 145

§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.

Answer 146

§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. _The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances._

Answer 147

§ 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous material or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence.

Answer 148

§ 10.4 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7.

Answer 149

§ 11.1.1 _The Contractor shall purchase and maintain insurance_ of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies _lawfully authorized to issue insurance in the jurisdiction where the Project is located. _ _The Owner, Architect, and Architect’s consultants shall be named as additional insureds under the Contractor’s **commercial general liability policy** or as otherwise described in the Contract Documents_

Answer 150

§ 11.1.2 The Contractor shall provide _surety bonds_ of the types, for such penal sums,_ and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies _lawfully authorized to issue surety bonds in the jurisdiction where the Project is located._

Answer 151

§ 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, _the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished._

Answer 152

§ 11.1.4 Notice of Cancellation or Expiration of Contractor’s Required Insurance. **Within three (3) business days** of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall **provide notice to the Owner** of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, _the Owner shall_, unless the lapse in coverage arises from an act or omission of the Owner, _have the right to stop the Work until the lapse in coverage has been cured_ by the procurement of replacement coverage by the Contractor. _The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage._

Answer 153

§ 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. _The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located._

Answer 154

§ 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, _the Owner shall inform the Contractor in writing **prior to commencement** of the Work._ Upon receipt of notice from the Owner, _the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub-Subcontractors in the Work._ When the failure to provide coverage has been cured or resolved, _the Contract Sum and Contract Time shall be equitably adjusted._ In the event the Owner fails to procure coverage, _the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner._ _The cost of the insurance shall be charged to the Owner by a Change Order._ _If the Owner does not provide written notice,_ and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, _the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto._

Answer 155

§ 11.2.3 **Within three (3) business days** of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, _the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration._ Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, _shall have the right to stop the Work_ until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) _the Contract Time and Contract Sum shall be equitably adjusted_; and (3) _the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled._ If the Contractor purchases replacement coverage, the cost of the insurance _shall be charged to the Owner by an appropriate Change Order._ _The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance._

Answer 156

§ 11.3.1 _The Owner and Contractor waive all rights against_ (1) each other and any of their subcontractors, sub-subcontractors, agents, and employees, each of the other; (2) the Architect and Architect’s consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. _The Owner or Contractor, as appropriate, shall require similar written waivers_ in favor of the individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, subcontractors, and sub-subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property

Answer 157

§ 11.3.2 If **during the Project construction period** the _Owner insures properties, real or personal or both_, at or adjacent to the site by _property insurance under policies separate from those insuring the Project_, or if **after final payment** property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, _the Owner waives all rights in accordance with the terms of Section 11.3.1_ for damages caused by fire or other causes of loss covered by this separate property insurance.

Answer 158

The Owner, at the Owner’s option, may purchase and maintain insurance that will _insure the Owner against loss of use_ of the Owner’s property, or the inability to conduct normal operations, due to fire or other causes of loss. _The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner’s property, due to fire or other hazards however caused._

Answer 159

§ 11.5.1 A loss insured under the property insurance required by the Agreement shall be _adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds_, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. _The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner._

Answer 160

§ 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have **14 days from receipt of notice** to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the _Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions._ Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, _the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work_ in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, _the Owner may issue a Construction Change Directive_ for the reconstruction of the damaged or destroyed Work.

Answer 161

§ 12.1.1 If a portion of the Work is covered contrary to the Architect’s request or to requirements specifically expressed in the Contract Documents, it must, _if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time._

Answer 162

§ 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense.

Answer 163

The Contractor shall _promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, discovered **before Substantial Completion**_ and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, _shall be at the Contractor’s expense._

Answer 164

§ 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within **one year after the date of Substantial Completion** of the Work or designated portion thereof or **after the date for commencement of warranties** established under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the **one-year period for correction of Work**, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5.

Answer 165

§ 12.2.2.2 The one-year period for correction of Work **shall be extended** with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.

Answer 166

§ 12.2.2.3 The one-year period for correction of Work **shall not be extended** by corrective Work performed by the Contractor pursuant to this Section 12.2.

Answer 167

§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents.

Answer 168

§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. _Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work_, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.

Answer 169

§ 12.3 If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Answer 170

_The Contract shall be governed by the law of the place where the Project is located_, excluding that jurisdiction’s choice of law rule. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4.

Answer 171

§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract.

Answer 172

§ 13.2.2 _The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project_, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment.

Answer 173

§ 13.4.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, _the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals._ The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. _The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until **after bids** are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections or approvals where building codes or applicable laws or regulations so require._

Answer 174

§ 13.4.2 _If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.4.1_, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. _Such costs, except as provided in Section 13.4.3, shall be at the Owner’s expense._

Answer 175

§ 13.4.3 If such procedures for testing, inspection or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Architect’s services and expenses, shall be at the Contractor’s expense.

Answer 176

§ 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect.

Answer 177

§ 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing.

Answer 178

§ 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work.

Answer 179

§ 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate as the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.

Answer 180

§ 14.1.1 _The Contractor may terminate the Contract if the Work is stopped for a **period of 30 consecutive days** through no act or fault of the Contractor or a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons:_ * .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; * .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; * .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or * .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2.

Answer 181

§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3, _constitute in the aggregate more than **100 percent of the total number of days scheduled for completion**, or **120 days in any 365-day period**, whichever is less._

Answer 182

§ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the _Contractor may, upon **seven days’ notice** to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination._

Answer 183

§ 14.1.4 If the Work is stopped for a period of **60 consecutive days** through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the **Owner has repeatedly failed to fulfill the Owner’s obligations** under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon **seven additional days’ notice** to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3.

Answer 184

§ 14.2.1 The Owner may terminate the Contract if the Contractor * .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; * .2 fails to make payment to Subcontractors or supplier in accordance with the respective agreements between the Contractor and the Subcontractors or Suppliers; * .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or * .4 otherwise is guilty of substantial breach of a provision of the Contract Documents.

Answer 185

§ 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, **seven days’ written notice**, terminate employment of the Contractor and may, subject to any prior rights of the surety: * .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; * .2 Accept assignment of subcontracts pursuant to Section 5.4; and * .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work.

Answer 186

§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished.

Answer 187

§ 14.2.4 If the _unpaid balance_ of the Contract Sum _exceeds costs of finishing the Work,_ including compensation for the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, _such excess shall be paid to the Contractor._ _If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner._ The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract.

Answer 188

§ 14.3.1 The _Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine._

Answer 189

§ 14.3.2 _The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.1. Adjustment of the Contract Sum shall include profit._ No adjustment shall be made to the extent * .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or * .2 that an equitable adjustment is made or denied under another provision of the Contract.

Answer 190

§ 14.4.1 The _Owner may, at any time, terminate the Contract for the Owner’s **convenience and without cause**._

Answer 191

§ 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner’s convenience, the Contractor shall .1 **cease operations** as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the **protection and preservation of the Work**; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders** and enter into no further subcontracts and purchase orders.

Answer 192

§ 14.4.3 In case of such termination for the Owner’s convenience, _the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee_, if any, set forth in the Agreement

Answer 193

A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. _This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents._

Answer 194

§ 15.1.2 The _Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than **10 years after** the date of Substantial Completion of the Work._ The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2.

Answer 195

§15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is **first discovered prior to expiration of the period for correction of the Work** set forth in Section 12.2.2, shall be initiated by _written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker._ Claims by either party under this Section 15.1.3.1 shall 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.

Answer 196

§ 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is **first discovered after expiration of the period for correction of the Work** set forth in Section 12.2.2, _shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required._

Answer 197

§ 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 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._

Answer 198

§ 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker’s decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker.

Answer 199

§ 15.1.5 If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4.

Answer 200

§ 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary.

Answer 201

§ 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction.

Answer 202

§ 15.1.6 The _Contractor and Owner waive Claims against each other for consequential damages_ arising out of or relating to this Contract. This mutual waiver includes: * .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and * .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damage due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents

Answer 203

§ 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. _The Architect will serve as the Initial Decision Maker_, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered **within 30 days after the Claim** has been referred to the Initial Decision Maker, the party asserting the Claim may demand mediation and binding resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, _the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner._

Answer 204

§ 15.2.2 The Initial Decision Maker will review Claims and **within ten days of the receipt of a Claim** take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim.

Answer 205

§ 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense.

Answer 206

§ 15.2.4 If the Initial Decision Maker 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 the request**, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part.

Answer 207

§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution.

Answer 208

§ 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1.

Answer 209

§ 15.2.6.1 Either party may, **within 30 days from the date of receipt** of an initial decision, _demand in writing that the other party file for mediation_. If such a demand is made and _the party receiving the demand fails to file_ for mediation **within the 30 days after receipt** thereof, _then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision._

Answer 210

§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.

Answer 211

§ 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution.

Answer 212

§ 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. _A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation._ The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings

Answer 213

§ 15.3.3 Either party may, **within 30 days** from the date that mediation has been concluded without resolution of the dispute or **60 days after mediation** has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. _If such a demand is made and the party receiving the demand fails to file for binding dispute resolution **within 60 days after receipt** thereof, then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision._

Answer 214

§ 15.3.4 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

Answer 215

§ 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any _Claim subject to, but not resolved by, mediation shall be subject to arbitration_ which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. _The Arbitration shall be conducted in the place where the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration._ The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded.

Answer 216

§ 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim.

Answer 217

§ 15.4.2 _The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof._

Answer 218

§ 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof.

Answer 219

§ 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable rules, either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).

Answer 220

§ 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable rules, either party, at its sole discretion, _may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder._ Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.

Answer 221

§ 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement.

PCM-AIA A201 General Conditions of the Contract Flashcards

Understand the responsibilities outlined in the articles for the Owner, Contractor, and Architect. (246 cards)