05-D Animal Shelter Contract - Laserfiche WebLink

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The ArchitecCs response to such requests will be made in writing within any time limiis agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Archited shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to Eurnish such interpxetations until 15 days afier written request is made for them. 4.2.12 Interpretations and decisions of the Archited 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 initial 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 so rendered in good faith. 4.2.13 The Architect's decisions on matters relaling to aesthetic effect will be final if consistent with the intent expressed in the Contrad Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of 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. Claims musi be initiated by wriuen notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 43.2 Time Limits on Claims. Claims by either party must be initiated within u days after occurrence of the event giving rise to such Claim or within 21 days after the daimant first recognizes the condition giving rise to the Claim, whichever is latec Claims must be initiated by written notice to the Architect and the other party. 4.33 Continuing Contract Performance. Pending final resolution of a Claim except as othenvise agreed in writing or as provided in Subparagraph 9.7.1 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. 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (i) subsurface or otherwise concealed physical conditions which differ materially &om those indicated in the Contract Documents or (z) unknown physical conditions of an unusual nature, which 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, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than zt days aRer first observance of the condilions. The Architect will promptly investigate such conditions and, if 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, II~ will recommend an equitable adjustment 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 o, o indicated in the Contract Documents and that no change in the terms of the Contract is justified, ~o~•o~ the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by ° either party in opposition to such determination must be made within u days after the Architect 0 19 9 7 A I A 0 has given notice of the decision. If the conditions encountered are materially difFerent, the AIA DoCUMENT A2014997 Contract Sum and Contrad Time shall be equitably adjusted, but if the Owner and Contractor GENERAL CONDITIONS Oi THE CONTRACT FOR cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be CONSTRUCTION referred to the Archited for initial determination, subject to further proceedings pursuant to Paragraph 4.4. The American Institute of Architeus 1735NewYorkAvenue,N.W. Washington, D.C. 20006-5292 m ' . ' WMNING: Unlicensed photocopying violates U.S. copyright laws and wlll sabject the violaror to Iegai pmsecution.