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43.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Stim, written notice as provided herein shall be given before proceeding to execute the Wbrk. Prior notice is not required For Claims relating to an emergency endangering life or property arising under Paragraph 10.6. 4.3.6 If the Contractor believes additional cost is involved for reasons induding but not limited to (i) a written interpretation from the Architect, (z) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) otlter reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.7 CLAIMS FOR ADDITIONAL TIME 4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time, wriden notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Nh'ork. In the case of a continuing delay only one Claim is necessary. scheduled construction. 43.7.2 If adverse weaiher 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 4.3.8 Injury or Damage to Person or Property. lf either party to the Contrad 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 ]egally responsible, written notice of such 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. 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or ConsUuction Change Diredive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner ar Contractor, the applicable unit prices shall be equitably adjusted. 43.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: .t 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 i damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and repu- tation, and for loss of pro6t except anticipated profit arising directly from the Work. This muWal waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Artiele 14. Nothing contained in this Subparagraph 4.3.10 shall be deemed to predude an award of ']iquidated direct damages, when applicable, in accordance with the requirements of the Contract bocuments. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Architect. Claims; induding those alleging an error or omission by the Arthitect but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Archited for decision. An initial decision by the Architect shall be required as a WARNING: Unli<ensed photxopying vblafe[ U.S. copyrighi laws and wlll subject the vlolator fo legal prose<utlon. o, ~III a o. c Op.~.~o 0 0199] AIAO AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Insfitute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292