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§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other
<br />persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly
<br />skilled in tasks assigned to them.
<br />§ 3.5 WARRANTY
<br />The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will
<br />be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further
<br />warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects,
<br />except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or
<br />equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes
<br />remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or
<br />insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the
<br />Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
<br />§ 3.6 TAXES
<br />The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are
<br />legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled
<br />to go into effect.
<br />§ 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS
<br />§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building
<br />permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper
<br />execution and completion of the Work that are customarily secured after execution of the Contract and legally
<br />required at the time bids are received or negotiations concluded.
<br />§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
<br />rules and regulations, and lawful orders of public authorities applicable to performance of the Work.
<br />§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes,
<br />rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility
<br />for such Work and shall bear the costs attributable to correction.
<br />§ 3.7.4 CONCEALED OR UNKNOWN CONDITIONS
<br />If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions
<br />that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an
<br />unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in
<br />construction activities of the character provided for in the Contract Documents, the Contractor shall promptly
<br />provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days
<br />after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect
<br />determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required
<br />for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract
<br />Time, or both. If the Architect determines that the conditions at the site are not materially different from those
<br />indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall
<br />promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect's
<br />determination or recommendation, that party may proceed as provided in Article 15.
<br />§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial
<br />markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately
<br />suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such
<br />notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume
<br />the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but
<br />shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the
<br />Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in
<br />Article 15.
<br />Init. AIA Document A2011-2007. Copyright @ 1911 1915, 1918, 1925 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976 1987, 1997 and 2007 by The American
<br />Institute of Architects. All rights reserved.Ilii;'A7i,nre.,rilii;tliitr,:fAi.riil .;:,' AIA theAlAlp10 A201 and AlAt;cwti,r.tl),:;:.,.u7m,iitr„is;ic,+ti,trncc;it,,ic,i7i��rt"w 13
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