HomeMy WebLinkAboutR.C.N. CONTRACTING FIRE DEPARTMENT ADMINISTRATION BUILDING
/
/
/
...
---
.----.
/
.,
: AlA Document A10r" -1997
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a ST/PULA TED SUM
AGREEMENT made as of the Twenty-third day of January in the year of Two Thousand Nine
(In words, indicate day, month and year)
BETWEEN the Owner:
(Name, address and other information)
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
AlA Document A201-1997.
General Conditions of the
Contract for Construction, is
adopted in this document by
reference. Do not use with other
general conditions unless this
document is modified.
Augusta. GA. a political subdivision of the State of Georgia
530 Greene Street, Room 801
Augusta. GA 30911
and the Contractor:
(Name, address and other information)
R.C.N. Contracting. Inc.
1115 Franke Place Court
Augusta. GA 30909
Telephone Number: 706-933-2081
This document has been
approved and endorsed by The
Associated General Contractors
of America.
The Project is:
(Name and location)
Richmond Countv Fire Department Administration Building
3117 Deans Bridge Road. Augusta. GA 30906
The Architect is:
(Name, address and other information)
Virgo Gambill Architects
2531 Center West Parkway. Ste. 200
Augusta. GA 30909
Telephone Number: 706-736-3661
The Owner and Contractor agree as follows.
Inil
AlA Document A101TM -1997. Copyright @1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974,1977,1987,1991 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:06:52 on 01/28/2009 under Order
No.1000386171_1 which expires on 1/27/2010, and is not for resale.
User Notes: (2001623602)
1
r'
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed
in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as
fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations or
agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in
Article 8.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically
indicated in the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
~ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
(Insert the date of commencement if it differs from the date of this Agreement or, !f applicable, state that the date
will be fixed in a notice to proceed.)
The commencement date will be fixed in a notice to proceed.
If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other.
security interests, the Owner's time requirement shall be as follows:
N/A
~ 3.2 The Contract Time shall be measured from the date of commencement.
~ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 210 days from the date
of commencement, or as follows:
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of
commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial
Completion of certain portions of the Work.)
Portion of Work
N/A
Substantial Completion Date
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for
early completion of the Work.)
The contractor agrees to pay as liquidated damages to the Owner the sum of $300.00 for each consecutive calendar
day after expiration of the contract completion time. except for authorized extensions of time by the Owner.
ARTICLE 4 CONTRACT SUM
~ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
Contract. The Contract Sum shall be One Million One Hundred Four Thousand Five Hundred Eighty-three Dollars
and Zero Cents ($ 1.104.583.00 ), subject to additions and deductions as provided in the Contract Documents.
~ 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by
the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the
amount for each and the date when that amount expires)
AlA Document A101TN -1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967, 1974, 1977, 1987, 1991 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:06:52 on 01/28/2009 under Order
No.1000386171_1 which expires on 1/27/2010, and is not for resale.
User Notes: (2001623602)
2
Init.
r/
N/A
~ 4.3 Unit prices, if any, are as follows:
Description
N/A
Units
Price ($ 0.00)
ARTICLE 5 PAYMENTS
~ 5.1 PROGRESS PAYMENTS
~ 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for
Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided below and elsewhere in the Contract Documents.
~ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month, or as follows:
as above
~ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Twenty-fifth day of
a month, the Owner shall make payment to the Contractor not later than the Fifteenth day of the following month.
If an Application for Payment is received by the Architect after the application date fixed above, payment shall be
made by the Owner not later than ~(~ days after the Architect receives the Application for Payment.
~ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract
Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported
by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the
Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
~ 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the
end of the period covered by the Application for Payment.
~ 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the Contract Sum
allocated to that portion of the Work in the schedule of values, less retainage of Ten percent (
10.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in
dispute shall be included as provided in Section 7.3.8 of AlA Document A201-1997;
.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved
in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less
retainage of Ten percent ( 10.00% );
.3 Subtract the aggregate of previous payments made by the Owner; and
.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment
as provided in Section 9.5 of AlA Document A201-1997.
~ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under
the following circumstances:
Init.
AlA Document A101™ -1997. Copyright @1915, 1918, 1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA"" Document, or any portion of it, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:06:52 on 01/28/2009 under Order
No.1000386171_1 which expires on 1/27/2010, and is not for resale.
User Notes: (2001623602)
3
r
.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the
full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete
Work, retainage applicable to such work and unsettled claims; and
(Section 9.8.5 of AlA Document A201-1997 requires release of applicable retainage upon Substantial
Completion of Work with consent of surety, if any.)
.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Section 9.10.3 of AlA Document
A201-1997.
~ 5.1.8 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from
the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract
Documents, insert here provisions for such reduction or limitation.)
none
~ 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
~ 5.2 FINAL PAYMENT
~ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when:
.1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct
Work as provided in Section 12.2.2 of AlA Document A201-1997, and to satisfy other requirements,
if any, which extend beyond final payment; and
.2 a final Certificate for Payment has been issued by the Architect.
~ 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the
Architect's final Certificate for Payment, or as follows:
as above
ARTICLE 6 TERMINATION OR SUSPENSION
~ 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AlA Document
A201-1997.
~ 6.2 The Work may be suspended by the Owner as provided in Article 14 of AlA Document A20 1-1997.
ARTICLE 7 MISCELLANEOUS PROVISIONS
~ 7.1 Where reference is made in this Agreement to a provision of AlA Document A201-1997 or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
~ 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is
located.
(Insert rate of interest agreed upon, if any.)
One percent ( 1.00% ) monthly
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws
and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and
elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or
modifications, and also regarding requirements such as written disclosures or waivers.)
Inlt.
AlA Document A101TN -1997. Copyright @1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963,1967,1974,1977,1987,1991 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:06:52 on 01/28/2009 under~Order
No.1000386171_1 which expires on 1/27/2010, and is not for resale.
User Notes: (2001623602)
4
r
/
~ 7.3 The Owner's representative is:
(Name, address and other information)
Deputy Chief Mike Rogers
925 Laney-Walker Blvd.
First Floor
Augusta. GA 30901
Telephone Number: 706-821-1643
~ 7.4 The Contractor's representative is:
(Name, address and other information)
Ralph C. Newman. Jr.
1115 Franke Place Court
Augusta. GA 30909
Telephone Number: 706-933-2081
~ 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
other party.
~ 7.6 Other provisions:
none
ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS
~ 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as
follows:
~ 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and
Contractor, AlA Document AlOl-1997.
~ 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AlA
Document A201-1997.
~ 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
June 20. 2008 , and are as follows
Document
See Attachment B
Pages
Title
~ 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Title of Specifications exhibit: Richmond County Fire Department Administration Building. See Attachment C.
SeGtioo +We Pages
~ 8.1.5 The Drawings are as follows, and are dated June 20. 2008 unless a different date is shown below:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Title of Drawings exhibit: Richmond County Fire Department Administration Building. See Attachment D.
NumbeF +We Qate
~ 8.1.6 The Addenda, if any, are as follows:
Init.
AlA Document A101™ -1997. Copyright @1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:06:52 on 01/28/2009 under Order
No.1 000386171_1 which expires on 1/27/2010, and is not for resale.
User Notes: (2001623602)
5
r
Number
1
Pages
418-1/2" x 11" pages. 1 24" x
36" drawing
1 8-1/2" x 11" page
2 8-1/2" x 11" page
6 8-1/2" x 11" page
Date
8/26/2008
J
;2.
1.
8/29/2008
9/3/2008
9/5/2008
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 8.
~ 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows:
(List here any additional documents that are intended to form part of the Contract Documents. AlA Document A201-
1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample
forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They
should be listed here only ifintended to be part of the Contract Documents.)
AlA Document A20l - 1997 attached as Attachment A.
~/A_
OWNER (Signatur~ -
I ~ s. Core';-H ~.<:- tL<;f "ZlV
(Printed name and title)
This Agreement entered into as of the day and year first written above.
c
Ralph C. Newman. Jr.
(Printed name and title)
o t;J ,.J.t2./\-
t';'
,., '/,
(SEAL)
I'c. .
~ . ~
.~ ~.~ ~
~~. ~ ~ f~'1 '~'.;
, f~ <:J$o@ ,../::J' .;;.,
'4\\ ~e 'j1;~ ;,!.;l
~A' ...~c.~!'J"1"!'i''.''.:,;'}';;'':'~ - /!..;;J1
4~.. G"". - [>.. .""
I;, l\~~ _ "ir(;,x.G} <,:f.~'
"0,: }.t.f'l:~~;)l~~'_:',f~:-~~
1
"
':"':0""_.
Init.
AlA Document A101TN -1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967, 1974, 1977, 1987, 1991 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.s. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 16:09:02 on 01/27/2009 under Order
No.1000386171_1 which expires on 1/27/2010, and is not for resale.
User Notes: (1461633471)
6
r,
F .
1997 EDITION
Attachment. A
A'IA DOCUM'ENT A201-1997
~~ .
"/';ons Of the Contract for Construction
ent with theAIA logo printed in red. An original assures that
en documents are reproduced.
1963, 1966, 1967, 1970. 1976, 1987, 01997 by The American Institute of Architects:
erein or substantial quotation of its provisions without wrillen permission of
States and will subject the violator to legal prosecution.
coPvrlghtla~s and will subJecf the violator to legal prosecution.
This document has impor-
tant legal cons.equences.
Consultation with an
attorney is encouraged
with respect to its
completion or modification.
This document has been
approved and endorsed by
The Associated General
Contractors of America.
,fl.
. ..~,(':..
-.~.~,"
-
II) 1997 AIAQi)
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Institute
of Architects
1735 New York Avenue. N.W.
. Washington. D.C. 20006-5292
r
6111
~ D
d. _0
,0-. "UN .-:0
o a:::;l:S ~
C=:::J
01997' AIA@
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Institute
of Architects
1735 New York Avenue. N.W.
Washington. D.C. 20006-5292
INDEX
Acceptance of Nonconforming Work
9.6.6,9.9.3,12.3
Acceptance of Work .
9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3
Access to Work
3.16, 6.2.1, 12.1
AcCident Prevention
4.2.3, 10
Acts and Omissions
3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.8, 4.4.1, 8.3.1,9.5.1,
10.2.5,13.4.2,13.7..14.1
Addenda
1.1.1, 3.11
Additional Costs, Claims for
4.3.4, 4.3.5, 4.3.6, 6.1.1, 10.3
Additional Inspections and Testing
9.8.3,12.2.1,13.5
Additional Time, Claims for
4.3-4, 4.3.7, 8.3.2
ADMINISTRATION OF THE CONTRACT
3.1.3,4,9.4,9.5
Advertisement or Invitation to Bid
1.1.1
Aesthetic Effect
4.2.13, 4.5.1
Allowances
3.8
All-risk Insurance
11.4.1.1
Applications for Payment
4.2.5,7.3.8,9.2,9.3,9.4, 9.5.1, 9.6.3, 9.7.1, 9.8.5,.
9.10, 11.1..3, 14.2.4, 14.4.3
Approvals
2.4,3.1.3,3.5,3.10.2,3.12,4.2.7,9.3.2, 13.4.2, 13.5
Arbitration
4-3.3,4.4,4.5.1,4.5.2,4.6, 8.3.1,9.7.1,11.4.9,11.4.10
Architect
4.1
Architect, Definition of
4.1.1
Architect, Extent of Authority
2.4,3.12.7,4.2, 4.3.6, 4.4, 5.2, 6.3,7.1.2, 7.3.6, 7.4,
9.2,9,3.1,9,4,9.5,9.8.3,9.10.1,9.10.3, 12.1, 12.2.1,
13.5.1,13.5.2,14.2.2,14.2.4
Architect, Limitations of Authority and
Responsibility
2.1.1, 3.3.3, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2,
4.2.3,4.2.6,4.2.7,4.2.10,4.2.12, 4.2.13, 4.4, 5.2.1,
7.4,9.4.2,9.6.4,9.6.6
Architect's Additional Services and Expenses
2.4, 11.4.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4
Architect's Administration of the Contract
3.1.3,4.2,4.3.4,4.4,9.4,9.5
Architect's Approvals
2.4, 3.1.3, 3.5.1, 3.10.2, 4.2.7
I
Architect's Authority to Reject Work
3.5.1, 4.2.6, 12.1.2, 12.2.1
Architect's Copyright
1.6
Architect's Decisions
4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.4, 4.4.1, 4.4.5,
4.4.6,4.5,6.3,7.3.6, 7.3.8, 8.1.3, 8.3.1,9.2,9.4,9.5.1,
9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4
Architect's Inspections
4.2.2,4.2.9; 4.3.4,9.4.2,9.8.3,9.9.2, 9.10.1, 13.5
Architect's Instructions
3.2.3,3.3.1,4.2.6,4.2.7, 4.2.8, 741,12.1,13.5.2
Architect's Interpretations
4.2.11, 4.2.12, 4.3.6
Architect's Project Representative
4.2.10
Architect's Relationship with C
1.1.2, 1.6, 3.1.3, 3.2.1, 3.2.2, 3.2.
3.7.3, 3.10, 3.11, 3.12, 3.16, 3.18
4.4.1, 4.4.7, 5.2, 6.2.2,7, 8.3.1,
9.8,9.9, 10.2.6, 10.3, 11.3, 11.:4.
Architect's Relationship wit ~pl\
1.1.2, 4.2.3, 4.2.4, 4.2.6,
Architect's Representation
9.4.2,9.5.1,9.10.1
Architect's Site Visits
4.2.2, 4.2.5, 4.2.9, 4.3.4,
13.5
Asbestos
10.3.1
Attorneys' Fees
3.18.1,9.10.2, 10.3.3
Award of Separate Contra
6.1.1, 6.1.2
Award of Subcontracts an
for Portions of the Work'
5.2
. Basic Definitions
1.1
Bidding Requi
1.1.1, 1.1.7,
Boiler and MacH
11.4.2
Bonds, Lien
9.10.2
Bonds, Perform
7.3.6.4,9.6.7,
Building Permit
3.7.1
Capitalization
1.3
Certificate of Substantial
9.8.3,9.8.4,9.8.5
Certificates for Payment
4.2.5,4.2.9,9.3.3,9.4,9.5, 9.6.1, 9~.
9.10.3, 13.7, i4.1.1.3, 14.2.4 r",..
WARNING: Unlicensed photocopying Violates U.s. copyright laws Bnd will sublect th.. "1...1......._ .___.
r
,
Certificates of Inspection, Testing or Approval
13.5.4 .
Certificates of Insurance
9.10.2, B.l.3
Change Orders
1.1.1, 2.4.1, 3.4.2, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 4.3.4,
4.3.9,5.2.3,7.1, 7.2, 7.3, 8.3.1,9.3.1.1,9.10.3, B.4.1.2,
B.4.4, B.4.9, 12.1.2
Conditions of the Contract
1.1.1, 1.1.7, 6.1.1, 6.1.4
Consent, Written
1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4, 9.3.2,
9.8.5,9.9.1,9.10.2, .9.10;3, B-4-1, 13.2, 13.4.2
CONSTRUCTION BY OWNER OR BY SEPARATE
CONTRACTORS
1.1.4, 6
Construction Change Directive, Definition of
7.3.1
Construction Change Directives
1.1.1, 3.12.8, 4.2.8, 4.3..9, 7.1, 7.3, 9.3.1.1
Construction Schedules, Contractor's
1.4.1.2, 3;10, 3.12.1, 3.12.2. 4.3.7.2, 6.1.3
Contingent Assignment of Subcontracts
5.4. 14.2.2.2
Continuing Contract Performance
4.3.3
Contract, Definition of
1.1.2
CONTRACT, TERMINATION OR SUSPENSION OF THE
5.4.1.1, B.4.9, 14
ontract Administration
3.1.3. 4, 9.4, 9.5
Contract Award and Execution, Conditions Relating
to
3.7.1,3.10,5.2,6.1, n.l.3, 11-4-6, B.5.1
ntract Documents, The
1.1, 1.2
ontract Documents, Copies Furnished
d Use of
1.6,2.2.5,5.3
ontract Documents. Definition of
1.1.1
ontract Sum
3.8,4.3.4, 4.3.5, 4.4.5, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2,
9.5.1.4,9.6.7,9.7, 10.3.2, n.4.1, 14.2.4, 14.3.2
Contract Sum, Definition of
9.1
e
.7,4.4.5,5.2.3,7.2.1.3,7.3,7.4,8.1.1,8.2.
.5.1,9.7, 10.3.2, 12.1.1, 14.3.2
actor, Definition of
3.1, 6.1.2
tractor's Construction Schedules
1.4.1.2,3.10,3.12.1,3.12.2, 4.3.7.2, 6.1.3
ntractor's Employees
3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3,
B.l.l, B.4.7, 14.1,14.2.1.1,
Contractor's Lillbility Insurance
11.1
I
copyright laws and will Subject the violator to IA"'" n............a-.
8111
~. q
C>. .0
0-. ,..", .-0
o~~
~
C>1997 A/AC!l
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT fOR
CONSTRUCTION
The American Institute
of Archifects
1735 New York AVt;!nue, N.W.
Washington, D.C. 20006-5292
I
I ' \
11111
... D
O. .0
C>..~..:o.
O""-Jo,O'C:S
t=:=:J
101997 AIA@
AlA DOCUMENT AlOl-1997
GENERAL CONDITIONS
OF THE. CONTRACT FOR
CONSTRUCTION
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
Costs
2.4.3.2.3; 3.7.4,3.8.2.3.15.2.4.3.5.4.2.6.1.1.6.2.3.
7.3.3.3.7.3.6.7.3.7.7.3.8,9.10.2.10.3.2.10.5.11.3.
11.4. 12.1. 12.2.1. 12.2.4, 13.5. 14
Cutting and Patching
, 6.2.5.3.14
Damage to Construction of Owner or Separate
Contractors
3.14:2.6.2.4, 9.2.1.5. 10.2.1.2. 10.2.5.10.6.11.1.11.4.
12.2.4
Damage to the Work
3.14.2.9.9.1. 10.2.1.2. 10.2.5. 10.6. 11.4. 12.2.4
I WARNING, .,,,,,,,.., ""'_ """", .,5, m"..... ... "" .11I ..II.. .. ""101M In .... __~..
Contractor's Relationship with Separate
Contractors and Owner's Forces
3.12.5. 3.14.2. 4.2.4; 6. 11.4.7. 12.1.2. 12.2.4
Contractor's Relationship with Subcontractors
1.2.2. 3.3.2. 3.18.1. 3.18.2. 5, 9.6.2. 9.6.7. 9.10.2.
11.4.1.2.1147.11.4.8
Contractor's Relationship with the Architect
1.1.2.1.6.3.1.3.3.2.1.3.2.2.3.2.3.3.3.1.3.4.2.3.5.1.
3.7.3.3.10. 3.11. 3.12. 3.16. 3.18. 4.1.2. 4.1.3. 4.2. 4.3.4,
4.4.1..4.4.7.5.2.6.2.2.7.8.3.1.9.2.9.3.9.4. .5.9.7.
9.8.9.9.10.2.6.10.3.11.3.11.4.7.12.13.4.2.13.5
Contractor's Representations
1.5.2. 3.5.1. 3.12.6. '6.2.2. 8.2.1.9.3.3,9.8.2
Contractor's Responsibility for Those Performing
the Work
3.3.2.3.18.4.2.3.4.3.8.5.3,1.6.1.3.6.2.6.3,9.5.1.10
Contractor's Review of Contract Documents
1.5.2. 3.2. 3.7.3
Contractor's Right.to Stop the Work
9.7
Contractor's Right to Terminate the Contract
4.3.10. 14.1
Contractor's Submittals
3.10.3.11, 3.12. 4.2.7. 5.2.1. 5.2.3, 7.3.6, 9.2. 9.3.
9.8.2.9.8.3.9.9.1.9.10.2.9.10.3.11.1.3.11.5.2
Contractor's Superintendent
3.9, 10.2.6
Contractor's Supervision and Construction
Procedures
1.2.2. 3.3. 3.4. 3.12.10, 4.2.2, 4.2.7. 4.3.3, 6.1.3. 6.2.4.
7.1.3.7.3.4.7.3.6,8.2.10.12.14
Contractual Liability Insurance
11.1.1.8. 11.2. 11.3
Coordination and Correlation
1.2.1.5.2,3.3.1.3.10.3.12.6.6.1.3,6.2.1
Copies Furnished of Drawings and Specifications
1.6. 2.2.5. 3.11
Copyrights
1.6. 3.17
Correction of Work
2.3. 2.4. 3.7.4. 4.2.1. 942. 9.8.2. 9.8.3.9.9.1. 12.1.2.
12.2. 13.7.1.3
Correlation and Intent of the Contract Documents
1.2
Cost. Definition of
7.3.6
Damages. Claims for
3.2.3. 3.18. 4.3.10. 6.1.1. 8.3.3.9.5.1,9.6.7. 10.3.3.
11.1.1. 11.4.5. 1147. 14.1.3, 14.2.4
Damages for Delay
6.1.1,8.3.3.9.5.1.6.9.7.10.3.2
Date of Commencement of the Work. Definition of
8.1.2
Date of Substantial Completion. Ddinition of
8.1.3
Day. Definition of
8.1.4
Decisions of the Architect
4.2.6, 4.2.7. 4.2.11. 4.2.12. 4.2.13, 4.3.4. 4.4.1. 4.4.5.
4.4.6,4.5.6.3.7.3.6.7.3.8.8.1.3.8.3.1.9.2.9:4,9.5.1.
9.8-4.9.9.1, 13.5.2, 14.2.2. 14.2.4.
Decisions to Withhold Certificat
9.4.1, 9.5, 9.7, 14.1.1~3
Defective or Nonconforming
Rejection and Correction of
2.3.2.4, 3.5.1. 4.2.6, 6.2.5,9.5.
9.9.3,9.10.4. 12.2.1. 13.7.1.3
Defective Work. Definition
3.5.1
Definitions
1.1. 2.1.1. 3.1. 3.5.1. 3.12.1,
6.1.2,7.2.1.7.3.1.7.3.6.8
Delays and Extensions of
3.2.3, 4.3.1. 4.3.4. 4.3,7
7.5.1, 8.3, 9.5.1. 9.7.1, 1
Disputes
4.l.4. 4.3. 4.4, 4.5. 4.6,
Documents and Samples
3.11
Drawings, Definition of
1.1.5
Drawings and Specificatio
1.1.1, 1.3. 2.2.5. 3.11. 5.3
Effective Date of Insurance
8.2.2. 11.1.2
Emergencies
4.3.5.10.6.
Employees, Con
3.3.2.3.4.3,3.8.
11.1.1.11.4.7.14.1,14.2.1.1
Equipment, Labor
1.1.3, 1.1.6, 3
4.2.6. 4.2.7. 5
9.10.2, 10.2.1. 10.
Execution and Progress 0
1.1.3, 1.2.1. 1.2.2, 2.2.3.
3.10. 3.12, 3.14. 4.2.2.
8.2,9.5.9.9.1. 10.2, 1 :
Extensions of Time
3.2.3,4.3.1,4.3-4.4.3-7.4.4.5,5.2.
9.5.1.9.7.1.10.3.2,10.6.1.14.3.2
Pailure of Payment
4.3.6,9.5.1.3,9.7.9.10.2, 14,1.1.3, 14. . .
;.{":T-
/~tq
';Y;-;:::~i~
0:.,.:j:~
'.
'.'~'--~
Faulty Work
(See Defective or Nonconforming Work)
Final Completion and Final Payment
4.2.1. 4.2.9. 4.3.2. 9.B.2. 9.10. n.1.2. 11.1.3, n.4.1.
1145. 12.3.1, 13.7..14.2.4. 14.4.3
Financial Arrangements. Owner's
2.2.1. 13.2.2. 14.1.1.5
Insurance Companies, Consent to Partial Occupancy
9.9.1. n.4.1.5
Insurance Companies, Settlement with
U.4.10
Intent of the Contract Documents
1.2.1, 4.2.7. 4.2.12. 4.2.13, 7.4
Interest
13.6
Interpretation
1.2.3, 1.4. 4.1.1, 4.3.1. 5.1, 6.1.2. B.1.4
Interpretations. Written
4.2.U, 4.2.12, 4.3.6
Joinder and Consolidation of Claims Required
4.6.4
Judgment on Final Award
4.6.6
Labor and Materials. Equipment
1.l.3, 1.1.6. 3.4. 3.5.1. 3.B.2, 3.B.3. 3.12. 3.13. 3.15.1,
42.6, 4.2.7, 5.2.1. 6.2.1,7.3.6,9.3.2.9.3.3,9.5.1.3,
9.10.2. 10.2.1, 10.2.4, 14.2.1.2
Labor Disputes
8.3.1
aws and Regulations
1.6. 3.2.2~ 3.6. 3.7. 3.12.10, 3.13, 4.1.1. 4.4.B, 4.6.
9.6.4,9.9.1.10.2.2. H.1, 11.4, 13.1. 13.4. 13.5.1. 13.5.2.
13.6, 14
Liens
2.1.2. 4.4.B. B.2.2. 9.3.3. 9.10
mitation on Consolidation or Joinder
4.6.4
'mitations. Statutes of.
4.6.3. 12.2.6. 13.7
'mitations of Liability
2.3,3.2.1.3.5.1.3.7.3. 3.12.B. 3.12.10. 3.17. 3.1B, 4.2.6.
4.2.7,4.2.12, 6.2.2.942,9.6.4.9.6.7.9.10.4,10.3.3.
10.2.5,.l1.1.2. n.2.1. U.4.7. 12.2.5, 13.4.2
Limitations of Time
2.1.2. 2.2. 2.4, 3.2.1, 3.7.3. 3.10. 3.n, 3.12.5. 3.15.1.
4.2.7.4.3. 4.4, 4'5, 4.6.5.2. 5.3, 5.4. 6.2.4.7.3.7.4,
B .3.1.9.3.3,941,9.5, 9.6; 9.7. 9.B. 9.9.
3.n.4.1.5. U.4.6. 11410. 12.2. 13.5, 13.7. 14
Insurance
Material Suppliers
3.12.1.4.2.4. 4.2.6. 5.2.1, 9.3, 9.4.2, 9.6. 9.10.5
azardous
. 10.3, 10.5
als, Labor. Equipment and
1.1.3. 1.1.6. 1.6.1. 3.4. 3.5.1. 3.B.2, 3.B.23. 3.12. 3.13,
3.15.1.4.2.6. 4.2.7. 5.2.i. 6.2.1. 7.3.6, 9.3.2, 9.3.3,
9.5.1.3.9.10.2,10.2.1.10.2.4,14.2.1.2
ns, Methods. Techniques. Sequences and
rocedures of Construction
3.3.1.3.12.10, 4.2.2. 4.2.7.9.4.2
Mechanic's Lien
4.4.8
I
CODvrlght law. an..l 'ulll .......__ ..L _ h' , .
8'11
~. ..g
a'. "UH .'0
o a::5:S 'tS
r::=:::i
<<:11997 AIA@
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OFTHECONTRACTFOR
CONSTRUCTION
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington. D.C. 20006-5292
I
'.
1)"1
~ D
<S. .:0
D'. '"'N .'0
O~~
r:=::::J
e1997 ^I^(ii)
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OFTHECONTRACTFOR
CONSTRUCTION
The American Institute
of Architects
1735 New York Avenue. N.W.
Washington, D.C. 20006-5292
Mediation
4.4.1. 4.4.5. 4.4.6, 4-4-8, 4.5. 4.6.1, 4.6.2, 8.3.1, 10.5
Minor Changes in the Work
1.I.l, 3.12.8, 4.2.8, 4.3.6, 7.1, 7.4
MISCELLANEOUS PROVISIONS
13
Modifications, Definition of
1.1.1
Modifications to the Contract
1.I.l, 1.1.2, 3.;7.3, 3.n, 4.1.2, 4.2.1, 5.2.3. 7, 8.3:1,9.7,
10.3.2. 1l.4.1
Mutual Responsibility
6.2
Nonconforming Work, Acceptance of
9.6.6, 9.9.3,123
Nonconforming Work, Rejection and Correction of
2.3,2.4,3.5.1,4.2.6, 6.2.5,9.5.1,9.8.2,9.9.3,9.10.4.
12.2.1,13.7.1.3
Notice
2.2.1.2.3.2.4.3.2.3.3.3.1,3.7.2,3.7.4.3.12.9,4.3,
4.4.8, 4.6.5. 5.2.1, 8.2.2.9.7.9.10, 10.2..2; 1l.1.3,
1l.4.6, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14.1, 14.2
Notice, Written
2.3. 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 4.3, 4-4-8, 4.6.5,
5.2.1, 8.2.2,9.7,9.10, 10.2.2, 10.3, 1l.1.3, 11-4-6,
12.2.2, 12.2.4, 133, 14
Notice of Testing and Inspections
13.5.1, 13.5.2
Notice to Proceed
8.2.2
Notices, Permits, Fees and
2.2.2,3.7.3.13, 7.3.6.4,10.2.2
Observations, Contractor's
1.5.2, 3.2, 3.7.3, 4.3.4
Occupancy
2.2.2,9.6.6.9.8, 11-4-1.5
Orders, Written
1.I.l, 2.3;3.9, 4.3.6, 7, 8.2.2, 1l.4.9, 12.1, 12.2, 13.5.2,
14.3.1
OWNER
2
Owner, Definition of
2.1
Owner, Information and Services Required of the
2.1.2.2.2,3.2.1, 3.12.4, 3.12.10, 4.2.7, 4.3.3, 6.1.3,
6.1.4, 6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3,
1l.2, 1l.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4
Owner's Authority
1.6, 2.I.l, 2.3, 2.4, 3.4-2, 3.8.1, 3.12.10, 3.14.2, 4.1.2,
4.1.3,4.2.4,4.2.9,.4.3.6,4-4.7,5.2.1,5.2.4,5.4.1,
6.1,6.3.7.2.1,7.3.1.8.2.2,8.3.1,9.3.1,9.3.2,9.5.1,
9.9.1,9.10.2, 10.3.2, 1l.1.3, 1l.3.1, 11-4-3. 1l.4.10,
12.2.2, 12.3.1, 13.2.2, 14.3, 14.4
Owner's Financial Capability
2.2.1, 13.2.2, 14.1.1.5
Owner's Liability Insurance
11.2
I
Owner's Loss of Use Insurance
1l.4.3
Owner's Relationship with Subcontractors
1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2
Owner's Right to Carry Out the Work
2.4, 12.2.4. 14.2.2.2
Owner's Right to Clean Up
6.3
Owner's Right.to Perform Construction and to
Award Separate Contracts
6.1
Owner's Right to Stop the Work
2.3
Owner's Right to Suspend the Work
14.3
Owner's. Right to Terminate the
14.2 .
Ownership and Use of Drawin
and Other Instruments of Serv
1.I.l, 1.6, 2.2.5; 3.2.1, 3.11.I, 3.17
Partial Occupancy or Use
9.6.6,9.9, 11-4-1.5
Patching, Cutting and
3.14,6.2.5
Patents
3.17
Payment, Applications f,
4.2.5,7.3.8,9.2, 93,9.
9.10.1,9.10.3,9.10.5, 1
Payment, Certificates for
4.2.5, 4.2.9, 9.3.3, 9.4, 9
9.10.3. 13.7, 14.I.l.3, 14.
Payment, Failure of
4.3.6,9.5.1.3,9.7,9.10.
Payment, Final
4.2.1, 4.2.9, 4.3.2, 9.8.2, 9.
n.4.5, 12.3.1, 13.7, 14.2.4, 1
Payment Bond,Performance
7.3.6.4,9.6.7,9.10.3, n.4. ':>
Payments, Pc
4.3.3, 9.3, 9
PAYMENTS AND CO
9
Payments to Subco
5.4.2,9.5.1.3,2_,
14.2.1.2
PCB
10.3.1
Performance Bond and
7.3.6-4,9.6.7,9.10.3.
Permits, Fees and Nolie
2.2.2,3.7,3.13,7.3.6.4,1
PERSONS AND PROPERTY, PROTECTION
10
Polychlorinated Biphenyl
10.3.1
WARNIN~: Unllr.ne..rI n"hntnrnn"lna vlnlat.. II <: I"ftnurlaht lawc ..",1 ,..III .........__ aL_ ..'_1_. _ .
Safety of Persons and Property
10.2, 10.6
Safety Precautions and Programs
3.3.1, 4.2.2, 4.2.7, 5.3.1,10.1, 10.2, 10.6
Samples,. Definition of
3.12.3
Samples, Shop Drawings, Product Data and
3.11,3.12,4.2.7
Samples at the Site, Documents and
3.11
Schedule of Values
9.2, 9.3.1
Schedules, Construction
1.4:1.2,3.10, 3.U.l, 3.12.2, 4.3.7.2, 6.1.3
Separate Contracts and Contractors
1.1.4,3.12.5; 3.14.2,4.2.4,4.2.7, 4.6.4, 6, 8.3.1,11-4-7,
U.l.2,12.2.5
Shop Drawings, Definition of
3.12.1
Shop Drawings, Product Data and Samples
3.n, 3.12,4.2.7
Site, Use of
3.13, 6.1.1, 6.2.1
ite Inspections
1.2.2,3.2.1,3.3.3,3.7.1, 4.2, 4.3.4, 9.4.2, 9.10.1,13.5
Site Visits, Architect's
4.2.2, 4.2.9, 4.3.4, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5
ecial Inspections and Testing
4.2.6, 12.2.1, 13.5
pecifications, Definition of the
1.1.6
pecifications, The
1.1.1, U.6, 1.1.7, 1.2.2, 1.6, 3.11, 3.12.10, 3.17
tatute of Limitations
4.6.3, 12.2.6, 13.7
Stopping the Work
2.3, 4.3.6, 9.7, 10.3, 14.1
S'tored Materials
2, 10.2.1.2, 10.2.4, 11.4.1.4
r, Definition of
actors, Work by
, .2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7
tactual Relations
. . .3, 5.4, 9.3.1.2, 9.6, 9.10 10.2.1, 11-4-7, 11.4.8, 14.1,
14.2.1, 14.3.2
mittals
1.6, 3.10, 3.n, 3.12, 4-2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3,
9.8,9.9.1, 9.10.2, 9.10.3, 11.1.3
Subrogation, Waivers of
6.1.1, 11.4.5, 11.4.7
Substantial Completion
4.2.9, 8.1.1, 8.1.3, 8.2.3,9.4.2, 9.8, 9.9.1, 9.10.3,
9.10.4.2, 12.2, 13.7
Substantial Completion, Definition of. I
9.8.1
CODvrJoht 'a..,. ......1 ".'11 _hL 1_ _& ..
1-
a'"
.. q
o. .0
O..~..:().
o............~
t::::::::j
01997 AIAQD
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Insf/lule
of Architecls
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
I
'.
8111
~ '0
o. .0
0.. __He .-0
o~~
c::::::J
@1997 ^1^CIi)
AlA DOCUMENT A201-1991
GENERAL CONDITIONS
OFTHECONTRACTFOR
CONSTRUCTION
The AmeriCan Institute
o~ Architects
1735 New York Ayenue, N.W.
Washingfon, D.C. 20006-5292
Substitution of Subcontractors
5.2.3, 5.2.4
Substitution of Architect
4.1.3
Substitutions of Materials
3.4.2,3.5.1,7.3.7
Sub-subcontractor, Definition of
5.1.2
Subsurface Conditions
4.3-4
Successors and Assigns
13.2
Superintendent
3.9, 10.2.6
Supervision and Construction Procedures
1.2.2; 33, 3.4, 3.12.10, 4.2.2, 4.2.7, 4.3.3, 6.1.3, 6.2.4,
7.1.3,7.3.6,8.2,8.3.1,9.4.2,10,12,14
Surety
4.4.7,541.2,9.8.5,9.10.2,9.10.3.14.2.2
Surety, Consent of
9.10.2, 9.10.3
Surveys
2.2.3
Suspension by the Owner for Convenience
14.4
Suspension of the Work
5.4.2, 14.3
Suspension or Termination of the Contract
4.3.6, 541.1, Il.4.9. 14
Taxes
3.6, 3.8.2.1,7.3.6.4
Termination by the Contractor
4.3.10, 14.1
Termination by the Owner for Cause
4.3.10, 5.4.1.1, 14.2
Termination of the Architect
4.1.3
Termination of the Contractor
14.2.2
TERMINATION OR SUSPENSION OF THE CONTRACT
14
Tests and Inspections
3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2,
9.10.1, 10.3.2, Il.4.1.1, 12.2.1, 13.5
TIME
8
Time, Delays and Extensio~s of
3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1.
7.4.1,7.5.1,8.3, 9.5.1,9.7.1.10.3.2,10.6.1,14-3.2
Time Limits.
2.1.2,2.2,2.4.3.2.1,3.7.3.3.10, 3.Il, 3.12.5, 3.15.1,
4.2,4.3,4.4,4.5,4.6,5.2,5.3,5.4,6.2.4,7.3,7-4,
8.2,9.2,9.3.1,9.3.3,9-4.1,9.5,9.6,9.7,9.8,9.9,
9.10, 11.1.3,u.4.1.5, Il.4.6, Il.4.10, 12.2, 13.5, 13.7, 14
Time. Limits on Claims
4.3.2,4.3.4,4.3.8,4.4,4.5,4.6
I
Title to Work
9.3.2. 9.3.3
UNCOVERING AND CORRECTION OF WORK
12
Uncovering of Work
12.1
Unforeseen Conditions
4.3.4, 8.3.1, 10.3
Unit Prices
4.3.9, 7.3.3.2
Use of Documents
1.1.1, 1.6, 2.2.5, 3.12.6, 5.3
Use of Site
3.13, 6.1.1, 6.2.1
Values, Schedule of i::;1\
9.2,9.3.1 If;'':''';:,
. . b h h' ,...:.1........,.
Waiver of Claims y t e Arc Ite1\,,~0;;;f.~"
1342 . !?iif'. :;;~\
Waiver of Claims by the Contrac,.of
4.3.10,9.10.5, Il.4.7, 13.4.2 ~W
~ ,,~., .::.r'
Waiver of Claims by the Ow.fj'~!}. 'i~;
4.3.10,9.9.3,9.IO.3,9.10.4V . .3,.
12.2.2.1, 13.4.2, 14.2.4 i;.~: "
J,-:.:
Waiver of Consequential D~a
4.3.10, 14.2.4
Waiver of Liens
9.10.2, 9.10.4
Waivers of Subrogation
6.1.1, Il45,11.4.7
Warranty .
3.5,4.2.9,4.3.5.3,9.3.3,9' .;4;
.~.. "', .
13.7.1.3 . '~it-
Weather Delays
4.3.7.2
Work, Definition of
1.1.3
Written Consent
1.6, 3.4.2, 3.12.8, 3.14.2, 4.1'~f."4';M>
9.8.5.9.9.1,9.10.2,9.10.3, Ilt:':::'.
Written Interp "
4.2.Il, 4.2.12,
:~~~~r~l:'~~~~;ifi~fJ:~~i;r
14.3.1 -.,.'.
WARNING: Unlicensed DhofocoDvlml violates U.s. cODvright laws and wlll.lIbl..... .h. "'ft'''__ &_ ._ _..
ARTICLE 1 GENERAL PROVISIONS
1.1 BASIC DEFINITIONS
1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents comi,t of the Agreement between Owne< and Contractor (hereillafur
the Agreement), Condition, of the Contract (General, Supplementary and other Conditiom),
Drawing" SPecification" Addenda i'rued prior to exeeution of the Cootract, othe< document,
li,ted in the Ag<eement end Modification, ;,rued afte< execution of the Contract. A Modification
:%i>.'f'){a,~ll~.~ent to the Contract ,igned by both parti.., (2) a Change Order, (3) a
i:;O#~!;iI:""., :'lj1'O'i1J\lective or (4) a wrillen onl", for a minoechenge in the Work i"uedby
'~~~ft 'ificaUy enumerated in the Agreement, the Contract Doaunents do not
"cfffil"'6iher" . ruch "biddiog requH.ment, (adverti,.men, or invitation to bid,
~lW~~\!I\!!J(lilffi;; "mple fonm, the Contractor', bid or Portion, of Addenda <elating to
...~~~.~~~~;f~Cjwf~m~~r~). . .
ivices required by the Contract Documents,
ludes all other labor, materials, equipment and
ctor to fulfill the Contractor's obligations. The
roject.
... lch the Work performed under the Contract .
'.B'ich may include construction by the Owner or by
.~
"e Contract Documents showing the
Jf,'including plans, elevations, sections,
'";
fiji~~ !J~i,
ents consisting of the written require-
'orkmanship for the Work, andperfor-
he Work which may include the bidding
ontract and Specifications.
CONTRACT DOCUMENTS
.,> ments is to include. all items ne~essary for the proper
. ork by the Contractor. The Contract Documents are
CODvrlght JalUe antf auUl ....&.:.I__.o.L._ a-" . ~
I
-L
11'"
':> D
0.. .0
0'-. "',,' .-a.
o~~
t=::::j
(01997 AIA~
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Insfitllte
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
I
11111
"" D
O. .0
0'-. fH ._0
O~'l;:>
c::=:J
to 1997 AIA@
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OFTH~CONTRACTFOR
CONSTRUCTION
The American Institute.
of Architects
1735 New York Avenue, N.W.
Washington. D.C. 20006-5292
. complementary, and what is required by one shall be as binding as if required by all; performance
by the Contractor shall be required only to the extent consistent with the Contract Documents
and reasonably inferable from them as being necessary to produce the indicated results.
1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of
Drawings shall not control the Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
1.2.3 Unless othenvise stated in the Contract Documents, words which have well-know
technical or construction industry meanings are used in the Contract Documents in accordanc
with such recognized meanings.
1.5 EXECUTION OF CONTRACT DOCUMENTS
1.5.1 The Contract Documents shall be signed by the Owner and ~9..
J.,..'i':.:", ~.;
Owner or Contractor or both do not sign all.the Contract Documents, tI?:e~'"
such unsigned Documents upon request.
1.5.2 Execution of the Contract by the Contractor is a representation t
visited the site, become generally familiar with local conditions under w.hic
performed and correlated personal observations with requirements of th'V
1.6
OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND
OF SERVICE
1.6.1 The Drawings, Specifications and other documents, including tho~~l'
prepared by the Architect and the Architect's consultants a~ rument'l);;
which the Work to be executed by the Contractor is describe" optrac
record set. Neither the Contractor nor any Subcontractor, . .'l\racto~ ~
equipment supplier shall own or claim a copyright in the Dra~fig~;~."p~cificl\H9.ptl: t.~)W~i;
documents prepared by the Architect or the Architect's consultants, ariti]tiHie~$i.. ..'.. !"s~'J;;" . .<'i'~'t;..~,:';l'C:
indicated the Architect and the Architect's consultants shall be dee "-1'..1' or~:'-8r.Uigffitihd\'~:,~i,:;li::k~::}'.:
will retain all common law, statutory and other reserved rights:,f" . . e copyrig~\~;1AU(~~:;;4{it::; ..;., .
r', '.:"'" " ...~'_j.:. .:t.. .
copies of Instruments of Service, except the Contractor's record nr~1l.,pri~9!@:Hyi.~(;';;:;_. .
accounted for to Jhe Architect, on request, upon completion oCt ork. tneYDra,vihgs~"""
Specifications and other documents prepared by the Architect and the Arc ~~lt~mts. ~nd
copies thereof furnished to the Contractor, are for use solely with respe,ii".:!JJth~~;~ie
not to be "'00 by the Contractor or any Snbcontractor, Sub-sub . . aterlat or %?i~
equipment supplier on other projects or for additions to this Project outsid' , e ~f;,.tJ!~:~~~:~i
without the specific written consent of the Owner, Architect and the Architect's cOIJ$1Jl ..W
Contractor, Subcontractors, Sub-subcontractors and material or equipment .:W
authorized to use and reproduce applicable portions of the Drawings, Specificaij "", "er
documents prepared by the Architect and the Architect's consultants 'appropriate to an
,/~3
/ft::'
.... - ".:~
I~~!~{:-
I w....,.r.. "...._.~ ................. .W.k. ,.. _~_~ '... __' .._. "'u'.'
the execution of their Work under the Contract Documents. All copies made under this
authorization shall bear the statutory copyright notice, if any, shown on the Drawings,
Specifications and other documents prepared by the Architect and the Architect's consultants.
Submittal or distribution to meet official regulatory requirements or for other purposes in
connection with this Project is not to be construed as publication in derogation of the Architect's
or Architect's consultants' copyrights or other reserved rights.
j person or entity identified as such in the Agreement and is referred to
J'flct Documents as if singular in number. The Owner shall designate in
.,;,~e who shall have ~xpress authority to bind the Owner with respect to all
.lhe Owner's approval or authorization. Except as otherwise provided in
" the Architect doe t have such authority. the .term "Owner" means the
er's auth~~" d rep . ative..
tractor within fifteen days after receipt of a written
t for the Contractor to evaluate, give notice of or
' n shall include a correct statement of the record
. s located, usually referred to as the site, and the
F THE OWNER
f the Contractor, prior to commencement of the
asonable evidence that financial arrangements
der the Contract. Furnishing of such evidence
nt Or continuation of the Work. After such
. t materially vary such financial arrangements
e required under Subparagraph 3.7.1, which are
ntract Documents, the Owner shall secure and
ents and charges required for construction, Use or
anent changes in eXisting facilities.
'r by the Contract Documents shall be
ther information or services relevant
ner's control shall be furnished by the
equest for such information or services.
ocuments, the Contractor will be furnished,
ct Manuals as are reasonably necessary for
RK
, ork which is not in accordance with the requirements
y Paragraph 12.2 or persistently fails to carry out Work in
"'___I_L.. 1__...
I
8111
~. .&7
'0.. ..0
O"~"O
o~~
[===:J
01997 AIACllI
AlA DOCUMENT AlOl-1997
GENERAL CONDITIONS
OFTHECONTRACTFOR
CONSTRUCTION
The American Inslitufe
of Architects
1735 New York Avenue, N;W;
Washington, D.C. 20006-5292
I
..
~III
. "'" D
d. .0
O......H..O
'i'~~
01997 ^1^CIi>
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OFTHE CONTRACT FOR
CONSTRUCTION
The American Institute
of Architects
1735 New York Avenue. N.W.
Washington, D.C. 20006-5292
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
elirninated; 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 Subparagraph 6.1.3.
2.4 OWNER'S RIGHT TO CARRY OUT THE WORK
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with th~2,i.;,.\;s:;-.::::u;7:
Contract Documents and fails within a seven-day period after receipt of written notice from th~1;€}J?,:j f~
Owner to commence and continue correction of such default or neglect with diligence anq0t~~ :':f>i:N!;::
promptness, the Owner may after such seven-day period give the Contractor a second writtelfC; 'i"'.,
notice to correct such deficiencies within a three-day period. If the Contractor within such
three-day period after receipt of such second notice fails to commence and continue to correct
any deficiencies, the Owner may, without prejudice to other remedies the O'Yuer may have,
correct such deficiencies. In such case an appropriate Change Order shall be j~~a~d dedu(;ting
from payments then or thereafter due the Contractor the reasonable cost it;~~n.-ectin~')s*ch
deficiencies, including Owner's expenses and compensation for the Architect's ~4~t:i*,nal ~~ivic~s
made necessary by such default, neglect or failure. Such action by the OJr:~~i:~n(l aiii~(illf~
charged to the Contractor are both s~bject to prior approval of the Architect. It\p~y&e.Pts ~~e~~~i)
thereafter due the Contractor are not sufficient to cover such amounts, thlt1 oiiJ~~~~~t\sh~l:!...p~Y;\
AR~~::::~;;~~R::::". " ~:;t!:~}i!~~f~~~;i'
3.1.1 The Contractor is the person or entity identified as such in the Agree.,.. ."..5i~q i~'t~f~if~(f~~)f:(!i;~:i>,
to throughout the Contract Docilments as if singular in number. The t'efitl '~G(jritnt~tq,r;~zrtie~ns, '::C~{i:~;;,,:,::.:\
the Contractor or the Contractor', aulhoriud ,,_entative. ~~~;):;\~~~~t;~i~~{;;f~~~~D" \
3.1.2 The Contractor shall ,perform the Work in accordance with the C " .,..:'P~W:tin:\~nt~h.~<t ..',::
~:~.. ~J;;;~f:;::1~:.9r-~;~ . ~:~ ::~:~l'~~,~~;~, .r "!,~:_~:,_l. {~""
. 3.1.3 The Contractor shall not be relieved of obligations to perform ~ij~.,Wg:t~l:i*~~ti:q;d~~c~~~}!,~~~et
with the Contract Documents either by activities or duties of the ArdiHe'ctitr.l <ti.ii\'.Architdci'S't~::r~it0;/i;\
administration of the Contract, or by tests, inspections or approvals reqli\t~aj9~tpeitJitX~4~*&;'Dr;{~;~;;,
pernon' other th.n the Contractor. "'i1$~~fl~~~:ij~f~~~~'L>
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACJQIl:..",.~~, ~,., f;<;~:l~::};;;\~,.::r?
3~2.1 Since the Contract Documents are complementary, bf$~, .. J~s.~i~g';i~g~~rJg?~lg~i;~~;~t~~:\~r<':,;f.~:;.~~~iMi'},;i
Work, the Contractor shall carefully study and compare the vall!, ,ngs an&9.tli~~~~qntract.,. . 'r'!:':~/>
Documents relative to that portion of the Work, as well as tlf.j,,;:,.,;;,,':~~~Von fu~h~_~~i~;;by'~:~h~t~;'::}, \}<tc,':
Owner pursuant to Subparagraph 2.2.3, shall take field measuremerlf~t~6t:ilhY;$?ci~tfng';~bijdiH(h!~,":;i:2::";; .... "_,
related to that portion of the Work and shall observe any conditions at. t~e sfi~:llft~cun~J(I.;ti1~~~c;'",'.:.:T<:."
obligations are for the purpose of facilitating construction by th~\:;":';i:fli.E~Rlc.~nd are"hbt/f6'{tht1~C':~:,>:(: t /
ff.;...-,,~..~. ~...,......,,') ... ", ....._,.: :. "~''; .
purpose of discovering errors, omissions, or inconsistenciesJil. ,qnttact Documents; :;,:':';. r .
however, any errors, inconsistencies or omissions discovered by tH~': :"'c.tor'shah~be i-~ported :.::.' ,., "
promptly to the Architect as a request for inforrnation in such forrn a~'i '~'Arc,hite,s~:may require.'
,i' :ij;~I~'?;\n~f> ,::~>,
3,2.2 Any design errors or omissions noted by the Contractor d~r{li ,"..~~':~~~~';'sh~ll/be
reported promptly to the Architect, but it is recognized that the Contraa:o~~~:~~~~W)i~fuad~j~..!:h.e
Contractor's capacity as a contractor and not as a licensed design professional unle~~:qtlierWi$e.:J
specifically provided in the Contract Documents. The Contractor is not required to.:1isf-~#~i*"~lia~~.
the Contract Documents are in accordance with applicable laws, statutes, ordin~~es{b4ilding
codes, and rules and regulations, but any nonconformity discovered by or mad~;:I<nb~\td 'the
Contractor shall be reported promptly to the Architect.
I .... -........ .~"...... "'.n._~. ........ .. _ ... .....
".";1.
.,.', .
'.
"
'~.'--~
3.2.3 If the Cont""o, beli""e, that additional "'" ot time i, involved boc..,e of c1arificatio",
0' in"ructio", "'ned by the Atchilect in 'esPOose to the Conltacto~, notices 0' teqltest.s fot
infonoation ptnm<ont to Snbpatagtaph.s 3.2.1 and 3-2.2. the Conttactot ,hall make Claim, "
pmvided in Snbpatagtaph, 4-).6 ond 4-3.]. 'If lbe Conttacto, fuil.s to petfono the obligatio", of
Snbpatagtaph.s 32.t and 32.2. the Contracto, ,hall pay 'nch COst.s and damages to the Ownet"
wonld have been avoided if the ,Conltaclo, had pe,fonoed .sod, obligation,. The Conttacto, shall
not be liable to the Own", ot Atchitect for damages tesnlting from eno". incon,i,tencies ot
act Documents or for differences between field measurements or
ntract Documents unless the Contractor recognized such error,
r difference and knowingly failed to report it to the An;::hitect.
e OWner for acts and omissions of the Con-
ts and employees, and other persons or entities
of the Contractor or any of its Subcontractors.
pection of portions of Work already performed
dition to receive Subsequent Work.
tract Documents, the Contractor shall provide and
Jilistructi ipment and machinery, water: heat,
l '1. an ecessary for proper execution and
and whether or not incorporated or to
ith the consent of the Owner,' after
~ ge Order.
8'11
~ &7
o. .0
.0..""......0
o~~
l=:J
ne and good order among the Contractor's
Contract. The. Contractor shall not permit
in tasks assigned to them. .
. e Owner and Architect that materials and equipment
Cl1997 AIACli)
AlA DOCUMENT A201-1997
GENERAL CONDITIONS .
OF,THE CONTRACT FOR
CONSTRUCTION
The American Institute I
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
11111
"". .0
0.. .0
0'.. "'.-0
o~~
t::::=:::J
Cl1997 AIA@
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington. D.C. 20006-5292
Documents. Work not conforming to these requirements, including substitutions not properly
approved and authorized, may be considered defective. The Contractor's warranty excludes
remedy for damage or defect caused by abuse, modifications 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.
3.6 TAXES [..f;:'.:"i':'7..;.~-'.
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided b*,N~':?1iij~;:,,;{U::;;~~
the Contractor which are legally enacted when bids are received or negotiations concludedtF:'~;~~~(;!F!;~~;
whether or not yet effective or merely scheduled to go into effect. h .:<.!",., .
3.7 PERMITS, FEES AND NOTICES
3.7.1 Unless otherwise provided in the Contract Documents, the Contractor sOi.lll secure and
pay for the building permit and other permits and governmental fees, license~~:~4 inspe<;p9,ns
necessary for proper execution and completion of the Work which are custo .' ." cureq;Nifter
execution of the Contract and which are legally required when bids are receiv.'~~~~ego~a.~!~qs
concluded \,,}~",'''''''4 I '~,;"AfA
. .. .. . . , ~F~1~:.::<\
3.7.2 .The Contractor shall comply. with an~ .give no~ices required by 1~)Y~1 ,..'.::fJ::'.i,.es~EiL:...,;.:.;:,
regulations and lawful orders of publIc authontIes applIcable to performa . H . \.~~j~,~:!J:t;:.~h
3.7.3 It is not the Contractor's responsibility to ascertain that the Con
accordance with applicable laws, statutes, ordinances, building codes, an t."
However, if the Contractor observes that portions of the Contract Docu Vi>
therewith, the Contractor shall promptly notify the Architect and I, ,.
necessary changes shall be accomplished by appropriate Modification.
,
3.7.4 If the Contractor performs Work knowing it to be contrary to Ii:
building codes, and rules and regulations without such notice to the Ar
Contractor shall assume appropriate responsibility for such Work aq
attributable to correction. .
3.8.1 The Contractor shall include in the Contract Sum all allowances state(Hi~~h~7G9ntf~d?@:;~~&g:;j(y:;<:
Documents. Items covered by allowances shall be supplied for such amount~i~4.~yJ\i~h~~etso~~:;;!~!:!~~\~i;~L~:E:;~~:G;
or entities as the Owner may direct, bJlt the Contractor shall.t9~..~equir&tr4~qr~QytPef$?nS:;fi~:f:'::~;~~/slk~:':~
or entities to whom the Contractor has reasonable objection. ~'" :;;;;1,.. _~.. '\\:;.':~{/;.q~
3.8.2
.3 whenever costs are more than or less than allowances, the <;;9P!t~~t~!tm,,>~h'\Jk~e
ad justed accordingly by Change Order. The amount of the ~~~"~~r(:leR~~_ry,aU r6M~t
(1) the difference between actual costs and the allowances::;" ,-'3.8.2.1 and
~:~ to ~;;;~;~~;;;;::e:: ::::::-::ledOO by:e ow,~.tit,,"J\;
I
WARNINr., IInlir..nc..tI nhntnrnnvlna vlnlat... II.... rnnvrlaht law. anti will c"hl..rt th.. vlniatnr.n ID".I __.__d'__
3.9 SUPERINTENDENT
3.9.1 The Conl.ractor ,hall employ a competenl. ,uperinl.endenl. and necessary assisl.anl.s who
shall be in aUendance al. !.he Pmjecl. ,ite during perfonuance of I.he Work. The ,uperinl.endenl.
,hall "presen' tlle ConUactor, and cormnunieaHons given 1.0 ilie ,uperinl.endenl. .hall be as
hinding as if gi"'n 1.0 ilie ContraCt.or. Important communication, ,hall he continued in WriHng.
Other communications shall be similarly confinued on written r~quest in each case.
NSTRUCTION SCHEDULES
omptly after being awarded the Contract, shall prepare and submit for
t's information a Co.ntractor's construction schedule for the Work. The
time limits current under the Contract Documents, shall be revised at
equired by the conditions of the Work and Project, shall be related to the
ent required by the Contract Documents, and shall provide for expeditious
ecution of the Work.
ep current, for the Architect's approval, a schedule of
Contractor's construction schedule and allows the
Is.
rk in general accordance with the. most recent
for the Owner one record copy of the Drawings,
ther Modifications, in good order and marked
de during construction, and one record copy of
nd similar required submittals. These shall be
the Architect for submittal to the Owner upon
PLES
edules and other data specially prepared for the
Sub-subcontractor, manufacturer, supplier or
rk.
rd . schedules, perfonuance charts, instructions,
the~ontractor to illustrate materials or
terials, equipment or workmanship and
'milar submittals are not Contract
rate for those portions of the Work for
uments the way by which the Contractor
the design concept expressed in the Contract
to the limit,ations of Subparagraph 4.2.7.
s not expected to take responsive action may
mittaJs which are not required by the Contract
itect without action.
tor sha mpliance with the Contract Documents, approve and
mitto the Archil.ect Shop Drawmgs, ProdUCt. Data. Sampl.. and ,imilar ,uhmi'tah required hy
I
L rnnvrl..l.. I...... __..I ...... _..L..
8"11
.~ q
o. .0
0'-. "'I" ..0
o~~
c:::::::i
@1997 AIA@
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
I
11111
~. .0
0.. .0
O..~..<:),
o...........~
c:::::J
@1997 AIAlill
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Insfilule
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
the Contract Documents 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. Submittals which are not
marked as reviewed for compliance with .the Contract Documents and approved by the
Contractor m~y be returned by the Architect without action.
3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified materials,
field measurements and field construction criteria r~lated thereto, or will do so, and has checkeqr;-;:;r"St;;;;,,;::',:/,?'
and coonlinated the infonnation <;ontained within such suhmittals with the requirements of th{'i;!;~il'iI'tj3;;
Work and of the Contract Dowment.<. Jti!d{;'1!~~:::;'!f,
3.12.7 The Contractor shall perform n() 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.
3.12.8 The Work shall be in accordance with approved submittals except that t tractofJhall
1 ;.,J.l.-.:,,;....
not be relieved of responsibility for deviations from requirements of the Cont . um~i1,W~y
the Architect's approval of Shop Drawings, Product Data, Samples or similar su C'c"...., :., ~ un1~~~;tW~
Contractor has specifically informed the Architect in. writing of such de~ati~~i;~~~;~e \~m.?~?tl.
submittal and (1) the Architect has given written approval to the specifi~~q~vi~'~?~~, a\~ifi!:jt;;1~
change in the Work, or (2) a Change Order or Construction Change Dir=9!~:Xe l#i:s:!1?~,~;n, iM~t '''\.
authorizing the deviation. The Contractor shall not be relieved of respp."~'" Jlit*~fq;i~~t.fo~SXP~.,..
omissions in Shop Drawings, Product Data! Samples or similar submit ..,~!!N~~te~l:~.I~~:;:~,7}:>.
Y,
3.12.9 The Contractor shall direct specific attention, in writing orL~'9d"
Drawings, Product Data, Samples or similar submittals, to revisions oth1Y- "\'
the Architect on previous submittals. In the absence of such writte
approval of a resubmission shall not apply to such revisions.
3.12.10 The Contractor shall not be required to provide profes .
constitute the practice of architecture or engineering unless such service
by the Contract Documents for a portion of the Work or unless the Con "'..', . it~pt'Ov~M ,Uf;;~;;\ \V,t>~:
such. services in order to carry out the Contractor's responsibilities for'~'( .~ru~i9p'.'ffi.~~n-:;\!;,'~~,,:~,:~;~.c\ ',/::,
methods, techniques, sequences and procedures. The Contractor shall not b~"t~@ii~tt:l~~'prp\iae;~;~;\':f~1:\;l;~l\;>','
professional services in violation of applicable law. If professional design seryi(;e~.Qr"':;tWfit~i10~.'1td.f;;i':i;;::Y;'t:;"J
t:.. .~:: ....,..... -.;'!'","m-- .,,",-:- . '" ",.~ 1'.,.' '.'.'. ;. .;'. ".'- ',"
. by a design professional related to systems, materials or equip e speciflg'~lf 'jre!:.t"g~th~~i~t)\?:;,;t.:;Yj
.~ \;....... I. .: ...', ';', ..... .1 .:.... :'t .'. .'~ _ ". ""
Contractor by the Contract Documents, the Owner and the ':.,spedf)t;,,^,. . fqffli~n~~. ."17:'i\I,)\
and design crileria that such services must satisfy. The Cont'....,:",,:.~ause ;iillIff;~~,Or"ii,~ Tifl;},
certifications to be provided by a properly licensed design professioilal~~hbse signa~u.f~1:aliai$~ij:';~:~'E;1;i\ \'",;;;' \
shall appear on all drawings, calculations, specifications, certifications, Shop.fRtaW'ln' '; .1~J"b~i;::';." ,(<::~~:~:.
submittal$ prepared by such professional. Shop Drawings and...<9 :,JFals reilii..j..f6'~~~,~~~;iS.~j~::;~?}'
Work designed or certified by such professional, if prepat(f ."':~shall bea~"",r$i;i~9>.#~:4:(.
professional'~ written approval when submitted to the Architect~" ih~~~~j Ai~e.~'~~;,~~;~1;{')'.
shall be entItled to rely upon the adequacy, accuracy and com ess oftlie servIces;
certifications or approvals performed by such design professionals, pr . '-~~IPw.ner,~~n,d
Architect have specified to the Contractor all performance and design. '..J~ij~lf!seiyl~~s
must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will reVi. .,; ,y. ,,,,.~~;~f'iake other
appropriate action on submittals only for the limited purpose of checking't6f.t()nfor~-'u~?;;
information given and the design concept expressed in the Contract Documents. T~~;;:,9.r;W
shall not be responsible for the adequacy of the performance or design criteria ~~~r'~:.";;,, _;~(Iii
Contract Documents. f;~~(7tf};;~t~i?,~;:~:r
I WARNING, U""~.d .........h"'" ",N". us. ......... ..... ,.... ~. ."'~ ... ''''.m." ....,
3.13 USE OF SITE
3.13.1 The Cont.."o, ,hall confine ope<ations at the site to areas petmilted by law, onlin..ces,
permits ..d the Cont.." Documents and shall not unreasonably encumber the site with
materials or equipment.
3.14 CUTTING AND PATCHING
3.14.1 The Cont_o, sball be ,esponsible fo, CUlling, fitting m patching required to complete
arts fit together properly.
all not damage or endanger a portion of the Work or fully or partially
f the Owner or separate contractors by cutting, patching or otherwise
.. bn, or by excavation. The Contractor shall not cut or otherwise alter such
wner or a separate contractor except with written consent of the Owner and
ntractorj such Con nt shall not be unreasonably withheld. The Contractor
ably wit }lold fro e . Owner or a separate contractor the Contractor's
r othe Iter' Work.
lses and surrounding area free from accumulation of
under the Contract. At completion of the Work,
Project waste materials, rubbish, the Contractor's
rplus materials.
'ded in the Contract Documents, the Owner may
Contractor.
d Architect access to the Work in preparation
. cense fees. The Contractor shall defend suits or
rights and shall hold the Owner and Architect
not be responsible for such defense or loss when
ticular manufacturer or manufacturers is required
opyright violations are contained in Drawings,
by the Owner or. Architect. However, if the
uire ocess or product is an infringement
ctor ponsible for such loss unless such
Arch'
t~....
~,
e extent claims, damages, losses. or
e Liability insurance purchased by the
ntractor shall indemnify and hold harmless
gents and employees of any of them from and
ding but not limited to attorneys' fees, arising
provided that such claim, damage, loss or
isease or death, or to injury to Qr destruction of
tself), but only to the extent caused by the negligent acts
tractor, anyone directly or indirectly employed by them
Ie, regardless of whether or not such claim, damage, loss
y a party indemnified hereunder. Such obligation shall not be.
I
cnnvrfoh. I....,. ........ ...111 __.. .
1-
8'11
'I:ll .0
o. .0
O"~"O
o...........~
r::::::::J
01997 AIAGil
AlA DOCUMENT A201-1tt7
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION .
The American Institute
of Architects
1735 New York Avenue, N.W.
Washingfon, D.C. 2Q006-529~
I
".
Alii
... q
d.. .0
O'.~m..o
O~'Ci
c::=::::J
01997 AIA@
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
Of THE CONTRACT FOR
CONSTRUCTION
The American Institute
of Archifects
1735 New York Avenue. N.W.
Washington. D.C. 20006-5292
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 Paragraph 3.18.
3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an
employee of the Contractor, a Subcontractor, anyone dir~ctly or indirectly employed by them or
anyone for whose acts they may be liable, the indemnification obligation under Subparagraph
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 ernployee benefit acts.
ARTICLE 4 ADMINISTRATION OF TI-!E CONTRACT
4.1 ARCHITECT
4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully
practicing architecture identified as such in the Agreement and is referred t ughout~~he
Contract Documents as if singular in number.. The term "Architect" means t itect ~::'... e
Architect's authorized representative. .
4.1.2 Duties, responsibilities and limitations of authority of the Architect
Contract Documents shall not be restricted, modified or extended without ~t
Owner, Contractor and Architect. Consent shall not be unreasonably with'"
4.1.3 If the employment of the Architect is terminated, the Owner shall
against whom the Contractor has no reasonable objection and whose sta
Documents shall be that of the former Architect.
4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT
4.2.1 The Architect will provide administr3:tion of the Contract as
Documents, and will be an Owner's representative (1) during constructio
is due and (3) with the Owner's concurrence, from time to time during
correction of Work described in Paragraph 12.2. The Architect will have a
of the Owner only to the extent provided in the Contract Documents, u .
in writing in accordance with other provisions of the Contract.
4.2.2 The Architect, as a representative of the Owner, will visit the site at
to the stage of the Contractor's operations (1) to become generally familiar
Owner informed about the progress and quality of the portion of the
endeavor to guard the Owner against defects and deficiencies i ,~ , an
general if the Work is being performed in a manner indic he
completed, will be in accordance with the Contract Documents. he
be required to make exhaustive or continuous on-site inspections to c~~
l1'."'~..
quantity of the Work. The. Architect will neither have contro "".Jl. arg
responsible for, the construction means, methods, techniques, s ures, 0
safety precautions and programs in connection with the s
Contractor's rights and responsibilities u'nder the Contract DoCu
Subparagraph 3.3.1.
4.2.3 The Architect will not be responsible for the Contractor's fail
accordance with the requirements of the Contract Documents. The
control over or charge of and will not be responsible for acts or omissions of t
Subcontractors, or their agents or employees, or any other persons or entities perfo '
of the Work.
I
\./4DU.&.II:. 11_11.____... -L_A____.I__ ..1_1.",__ II.. --__-I_LA I....... __~ ....nl ___LI_ ... .1
..~_._---
..,.. Communications Facilitating Con"act Admini'''ation. Except.. otherwi.e provided in
the Contrnct Document. or when direct communications have been .pedally authorized, the
Owner and Contractor .hall endeavor to communicate with each other through the Architect
ahoot matte.. arising out of or relating.1o the Contract. Communication. by' and with the
Architect'. consultanla .hall he through the Architect. COmmunication. hy and with
Subcontracto.. and material auppli... .hall he through the Cont",ctor. Communication. by and
with separate contractors shall be through the Owner.
itecl's evaluations of the Contractor's Applications for Payment, the
certify the amounts due the Contractor and will issue Certificates for
s.
or take other appropriate action Upon' the
, Product Data and Samples, but only for the
ith information given and the design concept
itecl's action will be taken with such reasonable .
-, in the activities of the Owner, Contractor or
e in the Architect's professional judgment to
ittals is not conducted for the purpose of
er details such as dimensions and quantities, or .
r performance of equipment or systems, all of
r as required by the Contract Documents. The
. all not relieve the Contractor Of the obligations
s review shall not constitute approval of safety
ted by the Architect, of any construction means,
. The Architect's approval of a sp~cific item shall
the item is a component.
ruction Change Directives, and may
aph 7.4.
chi teet will provide one or more project
ect's responsibilities at the site. The duties,
ch project representatives shall he as set forth in
tract Documents.
aliI
~. .0
o. .0
0.....',...0
o~~
c:::::::i
e 1997 AIAli\l
AlA DOCUMENT AlOl-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
copyrIght Jaws and will subJecf the vIolator to lellal Drosecutlnn
I
The American Institute
of Architects
1735 New York Avenue..N.w.
Washington, D.C. 20006-5292
I
8111.
~. .D
O. .0
O"~"O
o...........~
r:::=J
@1997 AIA@
AlA DOCUMENT AlOI-1997
GENERAL CONDITIONS
OFTHECONTRACTFOR
CONSTRUCTION
The American Institute
of Archilecfs
1735 New York Avenue. N.W.
Washington. D.C. 20006-5292
The Architect's response to such requests will be made in writing within any time limits agreed
Upon or otherwise with reasonable promptness. If no agreement is made concerning the time
within which interpretations required of the Architect shall be furnished in compliance with this
Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to furnish
such interpretations until 15 days after written request is made for them.
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 ofiq
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 relating to aesthetic effect will be final if consistent
with the intent expressed in the Contract Documents.
4.3 CLAIMS AND DISPUTES
4.3.1 Definition. A Claim is a demand or assertion by one of the parties see
right, adjustment or interpretation of Contract terms, payment of money, ex
other relief with respect to the terms of the Contract. The term "Claim" al
disputes and matters in question between the Owner and Contractor arisi
the Contract. Claims must be initiated by written notice. The responsibility
shall rest with the party making the Claim.
4.3.2 Time Limits on Claims. Claims by either party must be initiate
occurrence of the event giving rise to such Claim or within 21 days a
recognizes the condition giving rise to the Claim, whichever is later. CIa'.
written notice to the Architect and the other party.
4.3.3 ContiilUing Contract Performance. Pending final resolution
otherwise agreed in writing or as provided in Subparagraph 9.7.1 and
shall proceed diligently with performance of the Contract and the Owne
payments in accordance with the Contract Documents.
4.3.4 Claims for Concealed .or Unknown Conditions. If conditions are e
which are (1) subsurface or otherwise concealed physical conditions which di
those indicated in the Contract DOCUments or (2) unknown physical Con . .
nature, which differ materially from those ordinarily found to and ge
inherent in construction activities of the character provided fo "tract>
notice by the observing party shall be given to the other part efo
disturbed and in no event later than 21 days after first observance 0 . itio
will promptly investigate such conditions and, if they differ materially and ~~
decrease in the Contractor's cost of, or time required for, perf or "" part 0
will recommend an equitable adjustment in the Contract Sum' " ,or bot
. ~c~itect .determines that the conditions at the site ar~ not . .(iW,)\ l!\Nfjo.
mdlcated III the Contract Documents and that no change III the terms orf ontra'fhs )U
the Architect shall so notify the Owner and Contractor in writing, stating i
either party in opposition to such determination must be made within
I has given notice of the decision. If the conditions encountered ar
Contract Sum and Contract Time shall be equitably adjusted, but if the
cannot agree on an adjustment in the Contract Sum or Contract Time, the adjust
referred to the Architect for initial determination, subject to further proceed in
Paragraph 4.4.
Jj
I w_ u........ ph_... ....... U5. _1gb,.... ood ." W.'" oh. ...._ _ L.L
..... Cloim, fo, Ad<lltional Co". If the Contmcto, wishe, 10 mal<< Claim fo, an increase in Ihe
Cont<act Sum. wrilten nolke " pmvided herein shan be given before pmceeding to execute the
Wo,k. Prio, notice is not required fo, Claims 'elating to an emergency endangering life 0'
property arising under Paragraph 10.6.
""6 If the Conlracto, believes additional eost is involved for re"ons including but not limited
to (,) a wrilten in''''Pretation from the Anohitect. (,) an o<<le, by the Owner to stop the Wo,k
<'. .,~ not at fault, (3) a written order for a minor change in the Work issued
.]\' re' of paymen' by the Owner. (5) tenoination of the Contract by the
pension or (7) other reasonable grounds, Claim shall be filed in
graph 4.3. .
e basis for a Claim for additional time,. such Claim
. ~that weather conditions were abnormal for the
""1y anticipated and had an adverse effect on the
:. If either party to the Contract suffers injury or
t or omission of the other party, or of others for
en notice of such injury or damage, whether or
n a reasonable time not exceeding 21 days after
it to enable the other party to investigate the
Pocuments or subsequently agreed Upon, and if
'" ly changed in a e proposed Change Order or
,Ion of such unit prices to quantities of Work
iOwner or Contractor, the applicable unit prices
~ . .
he Contractor and Owner waive Claims against
g o~ Jating to this Contract. This mutual
.enses, for losses of use, income, profit,
for loss of management or employee
. and
. cipal office expenses including the
<f osses of financing, business and .repu-
d profit arising directly from the Work..
tion, to all consequential damages due to either
othing contained in this Subparagraph 4.3.10
' ated direct damages, when applicable, in
ocuments.
0'11
~ D
0. .0
O..~..'C),
o --...... I::l:
t:::::::::i
N OF , .
. ~'
f Ardii '.
me, hu c uding ui . oder P"agrapbs >0.3 through >0.5. shall be referred
. tnitially to tbe An:bitect for decision. An initial decision by Ihe Anohitect shall he required I
01997 AIAClll
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Institute
of Architects
1735 New York Avenue. N.W.
Washingfon. D.C. 20006-5292
,
Ag
Oo.a::h.~O
c=::::J
@1997 AIA@
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OFTHECONTRACTFOR
CONSTRUCTION
The American Institute
of Architects
1735 New York Avenue, .N.W.
Washington. D.C. 20006-5292
condition precedent to rnediation, arbitration or litigation of all Claims between the Contractor
and Owner arising prior to the date final payment is due, unless 30 days have passed after the
Claim has been referred to the Architect with no decision having been rendered by the Architect.
The Architect will not decide disputes between the Contractor and persons'or entities other than
the Owner.
4.4.2 The Architect will review Clairns and within ten days of the receipt of the Claim take one
or more of.the followi~g actions: (1) request additional su~porting d~ta ~om the cla~mant or ');j]:l;
response wIth supportmg data from the other party, (2) reject the ClaIm m whole or m part, (3r.
approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Architect is unabl '
to resolve the Claim. if the Architect lacks sufficient information to evaluate the merits of the'
Claim or if the Architect concludes that, in the Architect's sole. dis<;retion, it would be
inappropriate for the Architect to resolve the Claim.
4.4.3 In evaluating Claims; the Architect may, but shall not be obligated to, co
information from either party or from persons with special knowledge or e'
assist the Architect in rendering a decision. The Architect may request the
retention of such persons at the Owner's expense.
4.4.4 I! the Architect requests a party tQ pr~vi.de a response to a C~aim o~L?
supportmg data, such party shall respond, wIthm ten days after receIpt of . .
either provide a response on the requested supporting data, advise t
response or supporting data will be furnished or advise the Architect that
be furnished. Upon receipt of the response or supporting data, if any, t
reject or approve the Claim in whole or in part.
. .
4.4.5 The Architect will approve or reject Claims by written decision,
sons therefor and which shall notify the parties of any change in the
Time or both. The approval or rejection of a Claim by the Ar~hitect shal 'i.
the parties but subject to mediation and arbitration.
4.4.6 When a written decision of the Architect states that (1) the decisi
mediation and arbitration and (2) a demand for arbitration of a Claim ..
must be made within 30 days after the date on which the party making tiI'
final written decision, then failure to demand arbitration within said 30 da
in the Architect's decision becoming final and binding upon the Owner a .
Architect renders a decision after arbitration proceedings have been initiate'"
be entered as evidence, but shall not supersede arbitration s UIt
acceptable to all parties concerned.
4.4.7 Upon receipt of a Claim against the Contractor or at any ti
the Owner may, but is not obligated to, notify the surety, if any, of
Claim. If the Claim relates to a possibility of a Contractor's def;
may, but is not obligated to, notify the surety and request the s1!i'
controversy.
4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the pan
may proceed in accordance with applicable law to comply with the lie~
prior to resolution of the Claim by the Architect, by mediation or by a'i '
4.5 MEDIATION ...,
4.5.1 Any Claim arising out .of or related to the Contract, except Claims relati. :'.,..',_...... ,C:tlt
effect and except those waived as provided for in Subparagraphs 4.3.10,9.10.4 and ~i(b~~~ltairi)rtter
initial decision by the Architect or 30 days after submission of the Claim to the Architect, be
I ~~
WARNING: Unlicensed phOfocopylng Violafes' U.s. copyright laws and will subject the Violator to lel!al Droserlltlnn ~~i~:;_;~,~~, ,;:. . ,. :_, ,~: ::;;. :.\. .~:.l
-L..._
,. ... .-._----~
",bject to m<<liation .. a condilion precodent to amit,.tion 0' the instilution oflegal 0' equitahle
proceedings by either party.
. '.5.2 The pacties shan eude..o, to resolve thei, Claim, by m<<liation which. unless the parties
mutually agree otbe",;se, ,ball be io acconlance with the Construction Indu,tcy Med;.tion Rules
of the American Achitra/ioo A.sociation cuneotly in eflect. Request fu, mediation shan he /ikd
io writing with the othe, party to the Conl,.ct and with the Americon Mit,.tion A.sodation.
!w. concunently with the filing of a demand fo, arbitration but. in such
.~, ceed in advance of "bitration 0, legal 0' equitable proceedings, which
ediation for a period of 60 days from the date of filing, unless stayed for
; ent of the parties or court order.
to the Contract, except Claims relating to aesthetic
Subparagraphs 4.3.10,9.10.4 and 9.10.5, shall, after
sion of the Claim to the Architect, be subject to
I endeavor to resolve disputes by mediation in
decided by arbitration which, unless the parties
with the Construction Industry Arbitration
trently in effect. The demand for arbitration
e Contract and with the Alnerican Arbitration
hitect.
'thin the time limits specified in Subparagraphs
in a reasonable time afterthe Claim has arisen,
en institution of legal or equitable proceedings
applicable statute of limitations as determined
A
Oo.a::'h.~Q.
t:=::::j
@1997 AIA(jj).
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
CopyrIght laws and will sublect the IIlnl".^. t. ._ _ _ .
.....~,~ ,
I
The American Institufe
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
I
A
Oo.a:.:h.~o.
c:=:=::i
01997. AIACSl
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington. D.C. 20006-5292
4.6.5 Claims and Timely Assertion of Claims. 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.
4.6.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be
final, and judgment may b, entered upon Il ;n accmdance with applkabl, law in any court
having jurisdiction thereof. ,
ARTICLE 5 SUBCONTRACTORS
5.1 DEFINITIONS
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 in~ly~~ a sep~~ate
contractor or SUbcontractors of a "paral, contractor. 1@ /'d~
:~lt:~ [:~:;~~;~.).~~;
5.1.2 A Sub-,ubcomractor i, a person or 'ntity who h.. a direct or indireg:i~~ifacti\yii!i~
Subcontmctor to perform a portion of th, Work at th, ,it,. Th, term "Sub~,ra~'l',
ref'rred to throughout th, Contnu:t Do<;um,nla .. if ,ingular in nlli!1b~i-~f'.m~.,,;f~),
. t.'r,' '.'"'"",.,,,'. " ....,... ..,....\
Sub.subcontractor or an authorized repre=tativ, of th, SUb,subcontrac'J',",""""Wi 'i';,'ii;ii'k
.~. ..f~:~j;{:f;;;!;~, \\ri;';;!;;S:~\
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS.,. . E",^,olik'{;rh, \:::;:[:{i8;:~,:;,:\.
5.2.1 UnI"" olh,rwi", "ated in th, Contract Docum,nt, or th, bld~g~i~mi$,. ih~~;;i,.:'),. .
Contractor, .. anon .. pmctkabl, after award of the Contract, ,ball fu~Ii:,lAifuiiliil!",)i)the:i)C';:',,{!: \ .'!
Owner through th, Anohitect tb, nam", of p=ons m entiti", (incIudlng.llto!;i",lit>~ t..i,)> ",,~,:,: ,'C'. "
materials or equipment fabricated to a apedal de,ign) propoaed for eacI\;~1~ Pbi'i.i~~'o(.th<. .c ':;, ,;.
Wmk. The Architect wHl prompLly reply to th, Contractor in writiog al~g,~R'~'br!)o!'lhe:;i.. . " , ,
\,.!'...~;....;..'""-...~..." .....~. -{;"":".y;, ":''- '.-.. ".':'~ '.,
Owner nr the Architect, after duo iovealigalion, h.. reasonabl, ObjectiOij1.1ltil!ff;,,,,cl!,,,,~ ';'.
person or ,ntity. Failure of th, Owner or Architect to reply promptly 'haIl';;Q~k~..Jl6t'~,9f~6 "".'i.. . .
rea,onable objection. " ~"',*;;~~;~if;lf!;I~~;: .
5.2.2 The Contractor ,hall not COntract with a propoaOO pe"on or ,nit :,.,,~rr.'I.I!,i\:Qwri<rr;J:'4~.i",
or Anohitect.h.. made "",onable and tim,ly objection. Th, Contmctor '~lil!"~Q~~,..q'iiir'4'fuj;,(:;,,,,c',
contmct with anyon, to whom th, Contractor haa made ""onabl, obje~ti~:~~~~*t~i9:.::\'i)'1';;(:;;Z\!(; ,
5.2.3 If tbe Owner m Architect h.. reasonabl, objection to a """,n or 'i4l~P!9!>~!'Y;!hi,,;"'t.::./,<, .
Conlractor. th, Con "acto, ,ball P,"poa, another to wboo1l~~r, ""'er o",j(im(ili<:i,:~i),;C"" '.: c.:- ;
.J;.~ ::"'1,j ". . ',~. . "" . ',". ,., '. "'_",", ~ '. ..' '. . . :._._
-onable obj'ction. If th, propoaed but rejected Subcont"lC!l1!1i }j!'"'on>bly:capable: ,oLn
performing tbe Wmk,th, Conlract Sum and COnlrnct Time 'hall'l;$,t. ,_~ or ~Wth.t!:,"
difference, if any, occaaioned by such cbang" and an appropriate cfitng. '(li1!!'.~ii)[;f>l;~,\i\1<,\!,,:.. ,"."'''''' .,.'
before commencem,nt of the suhatitut, Subcontractm', Work.. "",'no i_...,(o: tHeA:'", """
Contract Sum or Contract 11m, ,hall be allowed for such chang .,. tractor hil ~i:1':/:"
P'ompLly and re'pons"",ly in submitting n'm", .. required. ~;M.j~'i;"',. ,(
'i::'~:~;!.:.~t.:r)?" ;.:
5.2.4 The Contractor ,hall not change a Subcontractor, per'on orentily p~\',v,i9!f'!rJ'J~ed 1)he
Owner or Archilect make< reasonable obj'ction to 'uch ,uhaLltut,. ,'~~,f[ ":;::'.
5.3 SUBCONTRACTUAL RELATIONS 4., :~;if1i;:[:. ,:~";r:':1":""",
5.3.1 By appmpriate ag"'ment, written wh,,, legally required for validity, th, CO!l\!iiiiXp~)i;ii!i?
require each Subcontractor, to the extent of the Work to be performed by the Subc9ijtra'~f9t;:to'bif.
bound to the Conlractor by term, of th, COntract Documenta. and to a"uW'\;~.ithe
Contractor all the obligations and responsibilities, including the responsibility for safetyo[ the
1- u......;" """"py,", """,", u.a. ""...... I... ... "'" "'loa .. .,....... .~ _.__.
.... . ......---
Subcontrocto,'s Wod" which the Cont,.cto" by th"", Documen", assUmes Iowan! the Owner and
Architect. Each subcontract agreement shall p<ese<ve and pm'",t the ,igh" of the Owner .nd
Archit",. under the Contract Doouments with ,espeel to the Wo,k to he pe,-formed hy the
Subonntracto, so that suhonntracting thereof will not prejudice such rights, and shall 'allow to the
Subcontracto" uole" Specifically Pmvided otherwise in the subcon'ract ag'eemen~ the benefit of
a1t rights, "'medies and ,ed,,,,, against the Contract'" that the Contracto" by the Cont,.ct
Documents. has agains' 'he Owne,. Where appcopriate, the Cont'acto, sball ""Iui", each
. to ,imUac ag,eemen" with Sub,subcontractocs. The Cont'acto, shall
posed Subcontractor, prior to the execution of the subcontract agree-
. ,ract Documents to which the Subcontractor will be bound, and, upon
IIbcontmcto" identify to the Subonntracto, term, and conditions of the
greement which may be at variance with the Contract Documents.
lmilacly make copies of applicable po,tions of such documen" available 10
posed Sub-subcontr ctors.
Jff~\ .
T ASSIG~~,l~T OF_;.";.,, " NTRACTS
trac., ..h. ent r.'$t'" tion of the Wo,k is a"igned by the Contracto"o the
at:
nt is
toP'
. termination of the .Contract by the Owner for cause
r those subcontract agreements which the Owner
and Contractor in writing; and
hts of the surety, if any, obligated under bond
sheen sUspended for more than 30 days, the
djusted for increases in cost resulting from the
PARATE CONTRACTORS
ON AND TO AWARD SEPARATE CONTRACTS
onstruction or operations related to the Project
ate contracts in connection with other Portions
ns on the site under Conditions of the Contract
eluding those portions related to insurance and.
that delay or additional cost is involved because of
make such Claim as provided in Paragraph 4.3.
t portions of the Project or other
te or" in the Contract Documents in each
\~~ach separate Owner-Contractor Agreement.
ivities of the Owner's own forces and
or, who shall cooperate with them. The
ractors and the. Owner in reviewing their
e Contractor shall make any revisions to the
joint review and mutual agreement. The
dules to be used by the Contractor. separate
Ised.
he Contract Documents, when the Owner performs
roject with the Owner's OWn forces, the Owner shall be
Igations and to have the same rights which apply to the
I
copyrIght laws and wll/ SUbject the Violator to leRal Dro.........__
L
ftllll
~ 0
<S. .0
0'. --"a
oa::n~
c::::::::::i
01997 AIAQj)
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Institute
of Architects
1735 New York Avenue. N. W.
Washington, D.C. 20006-5292
I
Alii
"1 0
<S. .0
.0-. ,.. .-0..
o~~
c=:J
@ 1997 AIA@
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
. The American Institute
of Architects
1735 New York Avenue. N.W.
Washington; q.c. 20006-5292
Contractor under the Conditions of the Contract, including, without excluding others, those
stated in Article 3. this Article 6 and Articles 10, 11 and 12.
6.2 MUTUAL RESPONSIBILITY
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
. thei", .. "quired by tbe Contmct Document,. ;.
6.2.2 If part of the Contractor's Work depends for. proper execution or results uPOll-jtx
. c"'"
construction or operations by the Owner or a separate contractor, the Contractor shall, prior to"'.
proceeding with that portion of the Work, promptly report to the Architect' apparent
discrepancies or defects in such other construction that would render it unsuitable for such
proper =cution and results. Failure of tbe Contraclor '0 to "port 'ba.ll;:;;",;f.O nstitute an
admowledgment that tbe Owner', or seP""te contract?r', completed or p. com~
construction is fit and proper to receive the Contractor s Work, except as t [f(l. . ts nq i< 'n
reasonably discoverable.
:d~!3~[;i
6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by
are payable to a separate contractor because of delays, improperly timed {~
construction of the Contractor. The Owner shall be responsible to t
incurred by the Contractor because of delays, improperly timed activities,
defective construction of a separate contractor.
"~~~ttm':-i
<l:".: o. .~I
\.":...J
\~ I. o._! .
.':.1
.,"'
6.2.4 The Contractor shall promptly remedy damage wrongfully cause
completed or partially completed construction or to property of _'
contractors as provided in Subparagraph 10.2.5.
6.2.5 The Owner and each separate contractor shall have the same re \
and patching as are described for the Contractor in Subparagraph 3.14.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises among the Contractor, separate contractors a ,
responsibility under their respective contracts for maintaining the premises'
free from waste materials and rubbish, the Owner may clean up and the Arc
cost among those responsible.
ARTIClE 7 CHANGES IN THE WORK
7.1 GENERAL
7.1.1 Changes in the Work may be accomplished after execution 0
invalidating the Contract, by Change.Order, Construction Chang
change in the Work, subject to the limitations stated in this Artie
Documents.
7.1.2 A Change Order shall be based upon agreement among the O"V:l1.'.Goutractor and
Architect; a Construction Change Directive requires agreement by the ,~;',h n~~::~}ijtec~ifup.
mayor may not be agreed to by the Contractor; an order. for a minor <;~ ~.'Mk m~y6e
issued by the Architect alone. , ~N'
. <,t1'1~M~j~~~~B7
7.1.3 Changes in the Work shall be performed under applicable provisions 0 t.1;'~~./
Documents, and the Contractor shall proceed promptly. unless otherwise provide "\, ":\;c;~1;;:i,.,~ijg~
Order, Construction Change Directive or order for a minor change in the Work. ";.',,)..:,.".'-"
[(5)
I w...,.., u""_" ..........'". ....... u.. ~pyrlgh' .... "d WIll_ ... ""."" to ...., ~,.... ,:
-. ... '---
7.2 CHANGE ORDERS
7.2.1 A Change 0nI., i, a written i",trum'nt P"Pared by the Arrhit<ct and mgned by th,
Own'" Cnnuacto, and Aechitect, "ating thele ag"ement upon all of the following,
.1 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. c
~HANGE DIRECTIVES
;Change Di,,,tive;, a written ord" P"pared by the Aechitect and ,igned .
itect, di'ecting a change in th, Wock prio, '" ag<eem'nt on adju'lment, if
Sum 0' Conmct TIme, 0' both. The Own" may by Con'truction Chaoge
. nvalidating the Co'" ct, ord" changes in the Wo,k within the gen"al "ope
n';,tin '" additi d,tio", 0' oth" '<Vi,ion" the ContcaC! Sum and
g adju
II be used in the absence of total agreement on the
ides for an adjustment to the Contract Sum, the
g methods:
properly itemized and supported by sufficient
on:
ents or SUbsequently agreed upon: .
greed upon by the parties and a mutually
irective, the Contractor shall promptly proceed
the Architect of the Contractor's agreement or
ed. in the Construction Change Directive for
niract Sum or Contract Time.
ned by the Contractor indicates the agreement of the
Contract Sum and Contract Time or the method
e efmediately and shall be re~orded as a
isagrees with the method for ad justinent
all be determined by the Architect on the
forming the Work attributable to the
, a reasonable allowance for overhead
e Contractor shall keep and present, in
n itemized accounting together with appropriate
ontrai:t Documents, costs for the purposes of
'ng:
d age and unemployment insurance, fringe
t r custom, and workers' compensation insurance;
d equipment, including cost of tranSportation, Whether
qUipment, ex:clusi~e of hand tools, whether rented from
I
;t. -_-I_L.. 1_..._. . ... . .
L
8"1
~ D
O. .0
0.. ""'N ._0.
o~~
~
101997 AIA@
AlA DOCUMENT A201.1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Insfifute
of Architects
1735 New York Avenue, N.lAI.
Washington, D.C. 10006-5191
I
8/11
~. ..g
O..~..o.
o '"'-'" ~
c:::::::i
Cl1997 AIAC!>
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR,
CONSTRUCTION
The American Institute
. of Architects
1735 New York Avenue, N.W.
lashinglon, D.C. 20006-5292
.4 costs of premiums for all bonds and insurance, permit fees, and sales, Use or similar
taxes related to the Work; and .
.5 additional costs of supervision and field office personnel directly attributable to the
change.
7.3.7. The amount of credit to be allowed by the Contractor to the Owner for a deletion or .
change which 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 ar
involved in a change, the allowance for overhead and profit shall be figured on the basis of ne
increase, if any, with respect to that change.
7.3.8 Pending final determination of the total cost of a Construction Change Directive to the
Owner, .amounts not in dispute for such changes in the Work shall be included in Applications for
Payment accompanied by a Change Order indicating the parties' agreement with part or all of
such costs. For any portion of such cost that remains in dispute, the Architcr 'll make an
interim determination for purposes of monthly certification for payment for costs at
determination of cost shall adjust the Contract Sum on the same basis as a Ch der, t
to the right of either party to disagree and assert a claim in accordance with .
7.3.9 When the Owner and Contractor agree with the determination
concerning the adjustments in the Contract Sum'. and Contract Tim
agreement upon the adjustments, such agreement shall be effective im
recorded by preparation and execution of an appropriate Change Order.
7.4 MINOR CHANGES IN THE WORK
7.4.1 The Architect will have authority to order minor changes in the Wg
ment in the Contract Sum or extension of the Contract Time and not in
of the Contract Documents. Such changes shall be effected by written 0
on the Owner and Contractor. The Contractor shall carty out such writ
ARTICLE 8 TIME
8;1 DEFINITIONS
8.1.1 Unless otherwise provided, Contract Time is the period of tim
adjustments, allotted in the Contract Documents for Substantial CompletI
8.1.2 The date of commencement of the Work is the date established in t
8.1.3 The date of Substantial Completion is the date certi
with Paragraph 9.8.
8.2 PROGRESS AND COMPLETION
8.2.1 Time limits stated in the Contract Documents are of the
executing the Agreement the Contractor confirms that the Contract Time i
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or in
writing, prematurely commence operations on the site or elsewhere prior to tee
insurance required by Article 11 to. be furnished by the Contractor and Own
Commencement of the Work shall not be changed by the effective date of such i
the date of commencement is established by the Contract Documents or a notice t
I. w_..., U,,",,-, "'-......... u< .......M...... _" -,,, _,.
. ~ --. -.-.~
'-
by the Own.... the Contn"or mell notili' the Own... in writing not less than five dal" or oth...
agreed period before cOmmencing the W.,k to Penni! the timely filing of m"geg". mechenic',
liens and other security interests.
8.2.' The Contnctor ,hall proceed expeditiously with edequete forces end shell <chieve
Substantial Completion within the Contract Time.
Jl',"StONs OFTtME. . .
· deleyed et eny time 10 the commencement or pmgre" of the Work by
. ner or Architect, or of an employee of either, or of a separate contractor
i. or by cheng" ordered in the Work, or by lebor disput". fire. unusuel
.foidehle casuelti" or other causes heyond the Contnctor's control, or by
, e Owner pending medietinn end arhitntion. or by other caUses whkh the
e <rnunes may just/Ii' delaY.lhen the Contnct Time ,hall he extended hy Change Onler
time as e Archit ay determine. .
with applicable provisions of
overy of damages for delay by either party under
t and, including authorized adjustments, is the
actor for performance of the Work under the
the Contractor shall submit to the Architect a
s of the Work, prepared in such form and
.acy as the Architect may require. This schedule,
us.ed as a basis for reviewing the Contractor's
progress payment, the Contractor
ayment for operations completed in
lcations may include requests for payment on
properly authorized by Construction Change
itect, but not yet included in Change Orders.
11'"
~. .g
0-_ ....N _-0.
. 0 a::::;Q o;:s
c=::::::i
ests for payment for portions of the Work for
pay to a Subcontractor or niaterial supplier, unless such
m the Contractor intends to pay.
Cll997 AlA@
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
. CODvr'aht law. ."~ ...IU ...LI__ ..L _ _. .
I
The American Institute
of Architects
1735 New York Avenue, N. W.
Washington, D.C. 20006-5292
I
Alii
"". D
O. .0
.0. 'rr-!on.. .:0.
o..............~
c:=J
(l1997 AIA@
AlA DOCUMENT AlOl-1997
GENERAL CONDITIONS
OFTHECONTRACTFOR
CONSTRUCTION
The American Insfitute .
of Architects
1735 New York Avenue. N.W.
Washington. D.C. 20006-5292.
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 com-
pliance 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
::.~~r.:r;.~::;I:~~";,~i~':' 'to"ge aod t"n'pOrtation to the ,ite fur 'uch material, an J". %~i
9.3.3 The Contractor warrants that title to all Work covered by an Application for PaYment WilE _ _,. .:fi%W?;,)
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 tq~ Contractor's
knowledge, infonnation and belief, be free and clear of liens, claims, security inl~~jts or enW"m-
brances in favor of the Contractor, Subcontractors, material suppliers, or other """.,-,\ or e )j1,jes
making a claim by reason of having provided labor, materials and equipment re th .',' "
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Architect will, Within seven days after receipt of the Contra
Payment, either issue to the Owner a Certificate for Payment, with a cop
such amount as the Architect determines is properly due, 0):' notifY the C
writing of the Architect's reasons for withholding certification in whole
Subparagraph 9.5.1.
9.4.2 The issuance of a Certificate for Payment will constitute a repres~
to the Owner, based on the Architect's evaluation of the Work and
Application for Payment, that the Work has progressed to the. point indi
of the Architect's knowledge, information and belief, the quality of the
the Coritract Documents. The foregoing representations are subject to an .c,
for conformance With the Contract Documents upon Substantial Com ~
subsequent tests and inspections, to correction of minor deviations from -
prior to completion and to specific qualifications expressed by the AtcH
Certificate for Payment will further constitute a representation that the
payment in the amount certified. However, the issuance of a Certificate for
a representation that the Architect has (1) made exhaustive or continuous
check the quality or quantity of the Work, (2) reviewed construction means,
sequences or procedures, (3) reviewed copies of requisitions om
material suppliers and other data requested by the Owner to su e Co
payment, or (4) made examination to ascertain how or for what Con
money previously paid on account of the Contract Sum.
9.5 DECISIONS TO WITHHOLD CERTIFICATION
9.5.1 The Architect may withhold a Certificate for Payment I
reasonably necessary to protect the Owner, if in the Architect's .0PI':!',:J',_c..
Owner required by Subparagraph 942 cannot be made. If the Architect i
payment in the amount of the Application, the Architect will notify the
provide~ in Su~paragraph 9:4.1. If the C~ntractor and Architect cannot t.",\e.W:-i
the ArchItect wIll promptly ISsue a CertIficate for Payment for the amotlnftR
J,
I
WARNING: Unlicensed DhotocoDvlna violates U.s. cODvrlght laws anti ,..III c..hl.,. 01.. ..._._&__ &.
..-..-.--
opinion tn prot,,, th, Own..- from 1m, fm which th, Contracto, i, "'pon,lbl" including I""
resulting from acts and omissions described in Subparagraph 3.3.2, because of:
.1 defective Work not remedied;
, thitil Party c!mms filod 0' ""on.ble ,viden" indicoting prob.bl, filing of ,ueh c!mm,
unless security acceptable to the Owner is provided by the Contractor;
· f.ilu" of th, Cont,Octo, to m."" P'}'tn'n', Propedy to Suknt_o", 0' fo, lobo"
m'leriah 0' '<Juipm,nt;
'gence that the Work cannot be completed for the unpaid balance of the
t!Qate for Payment, the Owner shall make payment in
. e Contract Documents, and shall so notify the
.j ubcontractor, upon receipt of payment from the
on tractor on aCCOunt of such Subcontractor's
' ubcontractor is entitled, reflecting percentages.
on accOunt of such Subcontractor's portion of
reement with each Subcontractor, require each
actors in a similar manner.
a Subcontractor, if practicable, information
applied for by the Contractor and ad ion taken
unt of portions.. of the Work done by such
manner similar to that provided in
artial or entire Use or occupancy of the
k not in accordance with the Contract
with a payment bond in the full penal sum of
ntractor for Work properly performed by
e Contractor for those Subcontractors or
. materials, or both, under contract with the
e by the Owner. Nothing contained herein shall require
.d in a I ond not comminglod with monoy of th, Conu"to"
cot '~d.ty Wi' '< .,." ., i.bility on th, put of th, Con"'"o, fo, hre"h of trust
.11 "'title.ny _on 0' ,nitty to on ""00 of puoili"" dom.g" .gmnst th, Con"'eto' fm
Ptovi,ioo. I
:. CODvrJaht law" ::and ...11I ..,&..J....~. ..L _ ... . .
'.';
8'11
.,. 0
o. .0
O..~.':O
O""'-""'CS
c:::::J
@1997 AIA@
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
.The American Institute
of Architects
1735 New York Avenue, N. W.
Washington, D.C. 20006-5292
I
ft
Oo.a:::h.~O
c=::J
01997 ^I^@
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
I
9;7 FAILURE OF PAYMENT I
~.7.1 If the Architect does not iss~e a Certificate for Payment, through no fault of the
Contractor, within seven days after re<teipt of the Contractor's Application for Payment, or if the
Owner does not pay the con. tractor J~ilhin 'even days afler the dale e""hli,hed in the Contract
Documents the amount certified by t ' e Architect or awarded by arbitration, then the Contractor
may, upon seven additional days' writ en notice to the Owner and Architect, stop the Work until
~I:':: ~~~o::~;~~~~~a~a~ ':j~::~:~'le::;;::~;~ ;:'~~::~~:o=::::br.,~~~;,,~;\~,:;,.~
of ,hut-down, delay and "art-up, Plu1 mler.,l., pr<Mded for m Ihe Conlracl Documents. ~~~1M;)'~:~'3i
9.8 SUBSTANTIAL COMPLETION I ,'." "'."'<':.';.. .
9.8.1 Substantial Completion is th~ stage in the progress of the Work when the Work or
designated portion thereof is sufficierttly complete in accordance with the Contract Documents.
I
so that the Owner can occupy or utiliie the Work for its intended use.
::;:... t~;~~:~~;,I;'; ,~,::~~b~:~~l:~~e ~:f:::n",':;;;: 1,':~~~l:i~
the Architect a comprehensive list of hems to be completed or corrected prio P~Ym~!1t~
:~~7et:o al~~::n a;~:d~:~~i~ed;::':1 ~:':=:e,:::on'ihilitA.\ ,tra'~~
9.8.3 Upon receipt of the Contracto~>s list, the Architect will make an ih~~g6\jo'., ..errp.m(f~;:,~\
~hethe~ the. Work or de~ignated portion ther~of is substantially com~J~f~B~h\tti~\~~~J,t~,:t~~;;f~!;0:~~" :
mspectIon discloses any Item, whether or not mcluded on the Contracf, J.&t~\ wQ\Cp;.:lS', 11'Q{g{:,'i:,F,:.;\
,ufficienUy complele in accordance wjth Ihe Conlracl Documents '" Ihal t-#!!,\1l.(~ d@;~pt!i1~,;t';f'~\l '",
or utilize the Work or designated portfon thereof for its intended use, the~~ph!!!Ct(f .,allf:l)er?~~ "\>'~?{':'~~.;:'" 'J
issuance of the Certificate of Subst ntial Completion, complete or b..,.' t'(i.. "it~p1:~up6n\ 't:;j}":",:~\,
notification by the Architect. In such ,ase, the Contractor shall then subl", 'ii&sf~Q"i'anbtiie~;,\ ";'::.'~.':;,: :.. I,
impection by Ihe Architect IOderermr Suh'lantial Completion.' \~&" ,;,:~\~~'~ ~~';,,;\\;si!;'
9.8.4 When the Work or designated portion thereof is substantially cOIJlplefe~':.. ~'~Mchitect\vi)l!;;:::,t~,:,\ ,(:.., ~'<",
prepare ~ Certificate. of S~bstantial t' ?~~l;tion which shall establish ~~~~.:~9.:.:.~:,~.'~1;.,h.,~.'.~{$.~~~.t..:fli. :p....:~~...:i.:f;.i.i'.;\..::.':.~.'{.. ;,:..:\. ';:.::,'.
CompletIon, shall establIsh respo slbllItIes of the Owner and Con'ract9!".for",,~~cunty;:".::;,",;,:,,)., ".':::'
maintenance, heat, utilities, damage . 0 the Work and insurance, and sh~itl~;i~ij~)iJ~i'0tfiirin;~;t~~,.;\-/>::\ ;':;"
::~~~ ~:I~~~a~.::.::~~: :'o'::::~~ ::~~P=::~ ~~;;~!E~~m~i\rt!S>,
~:~~:~~:d"ignaled Portion Iheret unl= oth~re provw: .~ ~e Ce~"]~j!~!~:;~t}~\
9.8.5 The Certificate of Substant~al CompletIon shall be s."s,'_\ to \!!.~!:@'m!rt~~~.r:~i~i,~iit'; ,,':{::,::.
Contractor for their written accepraIfe of ~pon,ihiliti., ."igned to.the,,1j\ Sili\l1[!_~:F ~1i0'C';V:'
Upon such acceptance and consent of surety, If any, the Owner sqll 'ma.;k.~P.~yment(jfl'f:ta~nag~,1:(:;.:i",'~':': .
applying to such Work ordesignatedlportion thereof. Such paxm~ ""';";.~'JJj~~rtiWjusted f~r<JY9fkZ~:::.::h~U/'~'.
that is incomplete or not in accord an e with the requirements of ilL: ,..'U'~g!~:bo~ent#t1!y':f,;!:;}:r:~;~;>'.
. ! '"'~!6''lij~~J''' ,~;:,:.., ':';..~tL:".~. '...
I
9.9 PARTIAL OCCUPANCY OR USE I "I"",.,.".
9.9.1 The Owner may occupy or usJ any completed or partiallycompl4gitr ,..,}i'he Work
at any stage when such portion is I designated by separate agreerr(~:' ..lKi1t~~}:Contnict:or,
provided such occupancy or use is coqsented to by the insurer asrequired'un dr.ClaiJse,Hf1!,~j~.~nd:\:. ..
:~:=:;:~~'..~~~:~~: ~~~t!~;~~d~~:~::i:~~ ~~~~t~~~ :.:~~ 7t_I;'
Contractor have. accepted in writing ihe responsibilities assigned to each of thent~t~~~~~)?#'~rits,
retainage, if any, security, maintenanbe, heat, utilities, damage to the Work and insurance, and
I
I
I
WARNING: Unlicen.ed nhntnrnnvlna vJnlat..cill.~. rMvrlaht law. ..ntl ...11I...1.1___ 01._ ..._._&_...
. --. ._-_._-~
hav, agreod m W>"iUng concerning th, period fnr cO_Uon of th, Wnrk and comm,nc,m"" of
warranu" requirod by th, Cnntract Docum,nts. \Vb", th, Contractor consid", a portion
ruhstanUally complcl" th, Contractor shall prepare and submit a list to th, Atchitect '"
provid,d und" Subparagraph 9.'.2. Con"ut of th, Contractor to partial occupancy or u" shall
uot 1>0 unreasouably withhold. The st.ge of the progress of the Work shall b, de'erminod by
written agreem'nt hetw,,,, tb, OWner and Contractnr or, if no agreement is reached, by deoisinn
of the Architect.
to such partial occupancy or Use. the Owner. Contractor and Architect
area to be occupied or portion of the Work to be used in order to
e condition of the Work.
ffi, ~~t
final completion thereof is materially delayed
'-...'... ,f Change Orders affecting final completion.
wrie. \tiit;- upon application by the Contractor and certifi-
inating the Contract, make payment of the balance due
A
Ot~~o
01997 AIAIil
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Institute I
of Architects
1735 New York Avenue, N. \V,
Washington, D.C. 20006-5292 .
. .
8'11
~. .,g
O..~..O
O~(:i
c:=:::.
Cll997 AIAQi)
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Institute
of Architects
1135 New York Avenue, N.W.
Washington, D.C;:. 20006-5292
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.
9.10.4 The making of finalparment 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;. rr:;;W"::~i7"~'.;.'7"::;r
2 failure of the Wo,k to comply with the 'equirements of the Contnet Documents; 0' li~;~~it~jSiiT;
3 tenos of special wa"""Hes 'equi'ed by the Con"act Documenh. 1Ji:(q,Kii;ii~':'l
9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material 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.
":t?:'0;;:;;2~J..:
"".::' .;~.;. ~.. "~' '. ,.,. .."
'~~:~~:.:~(:?~t\:. ::
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 The Contractor shall be responsible for initiating, maintaining and su
precautions and programs in connection with the performance of the Cont
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor shall take reasonable 'precautions for
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected . ,.,., ."
.2 the Work and materials and equipment to be incorporated therelfi1'wit
~-:: \.:;:.-.ti:':~:;;;'
on or off the site, under care, custody or control of the Cont '''rjih"
Subcontractors or Sub-subcontractors; and
.3 other property at the site or adjacent thereto, such as tre
pavements, roadways, structures and utilities not designated fo .
replacement in ~he course of construction.
10.2.2 The Contractor shall give notices and comply with applicable
regulations and lawful orders of public authorities bearing on safety of
their protection from damage, injury or loss.
=:~::n=7:~!2~~{:~:~:~e;E~~:: A~i~~::;w:;'
10.2.5 The Contractor shall promptly remedy damage and loss d~ge 1&~ff~~:i~i,~~,:;;";'>
'., '... ,~. ..:'. .
insured under property insurance required by the Contract Documents) to P~9.R!i!r~y,ieferred to in
Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contra!;i ""e:r.;!!'"<r("";~Qi}traclq~\a
Sub-subcontractor, or anyone directly or indirectly employed by any Ii~~ . ;l:~ftyorl'e{ior
whose acts they may be liable and for which the Contractor is respon~{BI. .... ... . fil~sesJ9,~,.!:2
and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or-.."it~Gt):)r.f}}
anyone directly or indirectly employed by either of them, or by anyone for whos ~j\lj~r;'6t';'
them may be liable, and not attributable to the fault or negligence of the 99 ,"..~~~gr~~1fhe
foregoing obligations of the Contractor are in addition to the Contractor's obIig~ticiiis:Yurider
Paragraph 3.18.
1_... Un""", '.........M """.. u.s. .......... ... .... ..., ...,,__ ..
10.2.6 The Cont...eto, 'hall de,;gnate a "'pon,ible membe, of the Contracto,', o'llIDUzation at
the 'he ",h... duty ,hall he lhe p"venlion of acdden". Thi, pmon ,hall be the COnttaeto,',
,"perintendent unl", o'henri" d"ignaled by the COnt,3C'O' in ""iling to the Own" and
Architect.
10.2.7 The Conttacto, ,hall not load 0' pennit any pact of the co""n'etion 0' 'he to he loaded
so as to endanger its safety.
RIALS
utions will be inadequate to prevent foreseeable bodily injury or death
In a. material 0' '""'tance. including but not Iimhed to ",b",., 0'
. I (PCB J. encountered on th"ite by the Conttaeto,. the Conttacto"hall.
~ condition. immediately ,top Wo,k in the affected "'a and "po,t the
wner and Architect . . writing. ..
s of a licensed laboratory to verify the presence or
d by the Contractor and,.in the event such material
that it has been rendered harmless. Unless othelWise
wner shall furnish in writing to the Contractor and
fl.'" ns or entities who are to perform tests verifying
tance or who are to perform the task of removal
tance. The Contractor and the Architect will
hether or not either has reasonable objection to
r. If either the Contractor or Architect has an
wner, the Owner shall propose another to whom
ble objection. When the material or substance
ea shall resume upon written agreement of the
extended appropriately and the Contract Sum
or's reasonable additional costs of shut-down,
complished as provided in Article 7.
Owner shall indemnify and hold harmless the
consultants and agents and employees of any of
and expenses, including but not limited to attor-
onnance of the Work in the affected area if in fact
diIy injury or death as described in Subparagraph
ovided t ch claim, damage, loss or expense is
. injury to or destruction of tangible
ch damage, loss or expense is not due
raph 10.3 for materials and substances
Is or substances were required by the
ntractor, the Contractor is held liable for the
tance solely by reason of performing Work as
II indemnify the Contractor for all cost and
f persons or property, the Contractor shall ac:t, at the
reatened damage, in jury or Joss. Additional compensation or
I
"..,...........1... I....... __-' _ .... . ..
,-
A
0-.",."._0.
"[a::::n~
10 1997 AIAQll
AlA DOCUMENT A20J-J997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Instifute
. of Architects
1735 New York Avenue, N.W
Washington, D.C. 20006-5292
I
-11111
~. .0
o. .0
0-. ""N.-O
o a:::J;:S ~
C==:J
@1997 AIA@
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Inslifute
of Architects
1735 New York Avenue. N.W.
Washington. D.C. 20006-5292
extension of time claimed.by the Contractor on account of an emergency shall be determined as
provided in Paragraph 4.3 and Article 7.
ARTICLE 11 INSURANCE AND BONDS
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully
authori,ed to do "",in,,, in the jurisdiction in whirh the Projeet is lorated su& insuranre as wilb",."",.,.,,,,...
protect the Contractor from claims set forth below which may arise out of or result from th~.;i.'!;;)JiF;X;::::<
Contractor's operations under the Contract and for which the Contractor may be legally liable;,~';;k\$j{;;::jr;i,:,>:,
whether such operations be by the Contractor or by a Subcontractor or by anyone directly or'.<:"".";.".: ',;'
indirectly employed by any of them, or by anyone for. whose acts any of them may be liable:
.1 claims under workers' compensation, disability benefit and other similar employee
benefit acts which are applicable to the Work to be performed; ,..,
.2 claims for damages because of bodily injury, occupational sickness or:4.i~~ase, or (kath
of the Contractor's employees; l~;:::{~~:f'\ A.:;:,~,
.3 claims for damages because of bodily injury, sickness or disease, or d~~ilt9f any:p~r~'on
other than the Contractor's emplovees. kb?./.;~~:._..~!;., I.;; :..\.:i;;,
/. , l~'lj,~~.,:""",,!".-.~:ti J..... ,::; ;.r.;....
.4 claims for damages insured by usual personal injury liability coverag~i!';:~j'~~jj\ \h/:::/}f\
.5 claims for damages, other than ~o the Work itself, because of injur,t\to"cir;f.le~t~ctloil.dt\
tangible property, including loss of use resulting therefro'rn; bt:!n~. "'li\4i::f:i/i:>. "~1<);;jiJ~,.
.6 claims for damages because of bodily injury, death of a pers9#~"Ci~~:J?~Qp.~ft,yk?ahf~~~}:X'!\.
arising out of ownership, maintenance or use of a motor vehicl~ ,,' };\ CCt\;iT:;!.;'(~~.h \':::;<.i:,f'.'::..
.7 claims for bodily injury or property damage arising out of compl:~t.j6pe,r~iidn#a,n'd:..~;,:~:(.':::'\ .
.8 claims involving contractual liability insurance applicable {,i9';ft1i'~[tGd~tTa~ior;:~':<:,';?)\~::;:::,;':\
obligations under Paragraph 3.18. . fi~~'t~;;;ihi~:J,.;;;~h .'/Y.:.{(':;\ ..:~/:< '~:'/':':. '
~1l~~,~;.. <;:;~!i;M:~~2.\:':::it,:):fi.:';;:.;;, "::;;}~;..:::::"'.:\'
11.1.2 The insurance required by Subparagraph ll.l.l shall be written f~f~ii,(i~!~~s::lliaij:UlJl'lt~:9fi;\ ,:.:;...::;;,}.:\
liability specified in the Contract Documents or required by law, whicHW~~rqby€;r~g~\J~!gt~it~r?{\'..:::'::.'>\
Coverages, whether written on an occurrence or claims-made basis, shall h'e~m~lj\aU;ieithvith~ut ,i"",', "", ':; ';.'
interruption from date of commencement of the Work until date,..:O('filiarpaymerit'.c'iiiM'.:;.;',.\ ..~'. .
tenoination of any <:overage required to he maintained after final paym.~ '0 ~;~";'f~I~;\.:{(i~!':~n\. '.,
11.1.3 Certificates of insuranre acceptable to tlte Own", shall be filed wit\t~.:~i}i~?4ii;.t.'01;;'?:\' ."
commencement of the Work. These rertificates and tlte insurance polici";lffl~1\'Y thi'},i;'!'A:;,';\.
Paragraph rl.l shan rontain a provision that coverages afforded und", th",p9li~"WilJ"nilt hai'>;'\'!''/''i
canceled or allowed to expire until at least 30 days' prior wr!~!~.I!potice H~.~;~p~~~':gr~?1l;;!?i)h~;!\Y~~;::;:i;.';,>:.:
....~<:......, ..,,,,1' <:';;h? .- .' '. .'-. ,:', -;.. "'. :.. _,.~. . '.: ". ". :.~'. ,_ . .r._.. ", "'",
Owner, If any of the foregoing insurance coverages are requ~iIi'1!m>a;n li(;'oiEi\'~,1inal ," \"',{::,1.,
payment and are reasonably available, an additional certificatJ\~xi.4~n~~n'g contihuation:tin~~h7";W~:, \j:~'\;'f\
coverage shall be submitted with the final Application for Paym~iit;:~~~~q!1ired 9Y;jS,1;tb.p#"~~~~lf,:MD\ '."':.:..
9.10.2. Information concerning reduction of coverage on account of revisea.ljmii~'J-))"';9arro$'paj(F;\",-:;;::.::::. .
under the General Aggregate, or both, shall be furnished by tl}e.s@- . ~t6~ witli:':rJ~~6liabl~;",;,,!:;:i:L:\;';.::<
promptness in accordance with the Contractor's information an(:tJielf' .. .;0,\ ...<~~:{j::i);i;;'...
:t~(,,, .P~" ,~.'~~.:'J}i . '~ff/;.;,;~!:g:(~~~r.\,. .
11.2 OWNER'S LIABILITY INSURANCE ,
11.2.1 The Owner shall be responsible for purchasing and maintainil}g~1lfefOwner's usual
Uability insuranre. ,,~~,'~:.,"':~:;~#i' Ii;;,
11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE 4:i'i.';:':;,':-'::":.;~ _
11.3.1 Optionally, the Owner may require the Contractor to purchase and maiptliiri."P.roJed;'
Management Protective Liability insurance from the Contractor's usual sour~~~'as;~i>lim:~iY:
coverage for the Owner's, Contractor's and Architect's vicarious liability fQ~;ticoU's\i:'tiCtion
operations under the Contract. Unless otherwise required by the Contract Documents,tn'e Owner.
;' .i.
.~. .'~. ..
/:':',
I
UlAlliUII.II:.llnll,an!'ad nhl\'^"ftftUlnll ".ftla'Ae II C ..N'\Url"'.... I".... __.J _. .ell . a
shall "imhune the Contn"t", hy iocre..ing the Contract Sum to pay the cost of purch"ing Olld
m.;nlaining such optinnal i"'urnnco cnvemge; and the Contractor shall not he "sPO",lhle fnr
Purchasing any other liahility i"'urnnce on hehalf of the Owner. The minimum limits of
liability purch"ed with SUm covemge shall he equal tn the aggregate of the limits requited for
Cont<actor's Liahility InMan" under Clauses n.I.1.2 through n.I.1.5.
'Tn the extent damages a" coveted hy Projeet Management Proteetive Liability imumnco,
"J';,!!\!!l~ ~d Architect wWve all rights ag.;nst cam other for damag... =ept SUm
,,' 'tn the prnceeds of such insu<ance. The pnliey shall prnvlde for SUm
...:U' y endorsement or otherwise.
..t;r.:~~';>j;i;~~~~?t;~~.'iA
,!1~ .'If9. h~1l not require the Contractor to include the Owner, Architect or other
i1~'.. ",:~~q. '. <."additinnal Insureds On the Contmetor's liability Insumnce coverage under
Pifilg'rllptiji'i':{''''~''!': .
'7~i~i;11~~~~ii;~W~::~~1ed' ttt~;!,e~ shall .~".. a~d m~intain. In ~ C~pany or
'... ''',,~m_I/.W1\dIy autho.>:w;. .. d<l\!iIt!tness m the ""''''tetton m wh.ch the "'Oteet '" located,
:. :'::Sj>rOJie!:lYJm\!r.".,o writt~tii .. buil<k.>!"#~ "ail-risk" or equivalent pnlicy fonn In the amount
< :k~of lI1!"liDiti~Ji~\\tmctit>iCt.'PI~' .. ~ o_~ii'u"'equent Contmet modificatio", Olld cost of
';\:\',!"a~it!t "'pplifilior j>1'~1Mlihyi::.,.; ij'c3i!l~rising tntal value fo, the ant;'" Project at the site
",,'l,':on"iie.t>lac<ml,or C"'t,h"o/',",!!i<>~'J6p'1I."" dodueUbl",. Such property mSUrance shall he
,. ;;~;:;ina.d.r"",.r;ijUis Q~ P~'i .; ,ntmct Documents or otherwise ag"ed in Writing
,"",,'.:-.y ,jJrP"'o~'iiiid,~\tiri1fiwhOjll!'iti,tn... of Such imumnee, until final parmant has heen
.~:,' " ........:ina<l<;~;i;.'PnJ6i1ed:_ili.~nil,lli,)lb oiil! persnn or entity other than the Owner h.. an
. :... :';:'.ins~ii!jnih#~f'!j~~rpro)i~lriegliir'lt . ,-Pamgraph n.4 to he coveted, whimeyer is later.
''',:;\.,,,,,-;i.kThis'!iJl!#ranF ' ' - ii'l~!l~')j"tI;..<", , wner, the Contractor, Subcontmeton and
. It\(;;i"~~;,~Tn~~~$"(o
:.' ~.:;:;:; :;:F::l1;1i1.1 ;o),lropeliy-qPsqrClOce
/{:j1;rt~f~;~'~~~6m~?U~~i~j:t~i~9n ".. .,~:"O'".
'''',. .""""'0 "m n jJ. '-' l' dOth
8:~~~i!~SZi~i1:' '}t
."'. k" or equivalent policy form and shall include,
l of fire (with extended Coverage) and physical loss
- verage, theft, vandalism, malicious mischief,
. ,testing and startup, temporary bUildings and
j6ned by enforcement of any applicable legal
.'.''''.',<, 'pensation for Architect's and Contractor's services
't:h'fH'sured loss.
'bles, the Owner shall pay costs not covered
fi",
~ <7
o. .0
0-.,,,,._;(:).
o~~
c:::::::::i
artia . "POlley or . ance with Pamgraph 9.9 shan not commence until the
insurOllce company or companies provIding property '",umnce have CO"'enled to sum Pi
over portions of the Work stored off the site, and also
01997 AIAlB>
AlA DOCUMENT AlOl-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
~ COQVrlDht 'awe anrl u.UI ...La__4 ..L ~ ,. .
The American Institute
of Architects
1735 New York Avenue, N. W
Washington, D.C. 20006-5292
I
11111
'l:>. 0
O. .0
O'.~.,o.
o~~
c:::::J .
e 1997 AIA@
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Institute
of Architects
1735 New York Avenue, NoW.
Washington, D.C. 20006-5292
occupancy or Use by endorsement or otherwise. The Owner and the Contractor shall take
reasonable steps to obtain'consent of the insurance company or companies and shall, without
mutual written consent, take no action with respect to partial occupancy or use that would cause
cancellation, lapse or reduction of insurance.
11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and
machinery insurance required by the Contract Documents or by law, which shall specifically cover
such insured objects duriog iostallation and until final a""ptance by the Owner; tbis insu,.nce""'8"'o;;.""",'
shall include mterests of the Own." Contractor, Subcontractors and Sub-;.,bcontractors in th<i"~;'5i\;;.;.,.i>';
Work, and the Owner and Contmctor shall be named insureds. g;..j'.,{"i:i',o,:
; ...., ~ .':/ <.. . ,.... . . ..
11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain
such insurance as will insure the Owner against loss of use of the Owner's property due to fire or
other hazards, however caused. The Owner waives all rights of action against the,:~ontractor for
loss of use of the Owner's property, including consequentiallnsses due to fireAri.~ther ha~s
howevercaused. " 1~4~\ d~:5~i\'
11.4.4 If the Contractor requests in writing that insurance for risks other th~~:tKg~~ de:$fu~i.d
he"in or other special causes of loss be included in the property insurance \liilj~!lhe;\'.Ji'ii%
shall, if possible, include such insurance, and the cost thereof shall be charged t~~~ll~!~Goni~ll~i,ol{h.
. .... "'.)"'l" '1 '..,,,.: ,'.:;j;J"
by appropnate Change Order. 'i'.F'~, "'~P:::;:')'''''~,:,
'~~~.f ., . ;'.:,~:.t.~;;;;':.~::;:{.~;
11.4.5 If during the Project construction period the Owner insures prope ".. )'ci~~~ri~~;~i':~~;!,;(t~\'
both, at or adjacent to the site by property imurance uoder polici.. sepanl\i!!@~lhli.iii'm~.ri~t;~?i'}';\
the Project, or if after fioal payment property insurance is to be provided on'i1i~~J>J<'ii4l'iPje,vtJ:..;'\
through a policy or polici.. other th,o th"", insuring the Project during,tbe'~oi1'~olj,;f:~';;:>i\ ,
the Owner shall waive all rights in accordance with the terms of Subpar'" IDI~"'i!i>1:,daroiii\i\l\ 'Yi',:i>,;\
caused by fire or other causes of loss covered by this separate propertJ:aiic~~wi1~~par~te;'.h: \;~::"<>;;':"
policies shall p<oy;de this waiver of subrogation by endo<sement or othe, ," ~J:r~~~\:1{{i;;::>~;\i;;;~
11.4.6 Before an exposure to loss may Occur, the Owner shall file with the ," "_J:'~a'.fbp'V-ofAj';t:-,~!\ ';>:....~.
each policy that includes insurance roverag.. required by this Paragraplt';j\i'~ii~ sI>aJi:hs/;"
contain all generally applicable conditions, definitions, exclusions and ~~~~~~~ri:($~1.e~~t~d'~:(o;~i:S>,{t,':. /'."
tbis Project. Each policy shall contain a provision that the policy will nnt I\l:lWW!l\'!!,~l'iijloioidi:~rt~!:"1 ',"
to expire, and that its limits will not be reduced, until at least 30 days' prior wrll~l\l;!t~ """"M~0'; "'i,
~;;;r~;~~~~~,~~=~t~~,n=~~~~~p~~~~:iii,l~W~tt~
(2) the Architect, ^""itect', consultants, separate contractors d~ , Article"&J.1,'lOY,,.nj!',+>\ ''''>,,'',
"0: #"'.';.:,:.": "" ....'..;,:;f.>-;::-i H.~"J:':"", '. :.:.~. 'i'-":~ ,;f.,.".1 ". _ .... .
any of their subcontractors, sub-subcontractors, agents and employees/ '~m;tg~~~~@~1iQY:':fu:~:2\Y." "" .'.
or other causes of loss to the extent covered by property insurance irl.~a;pi1'r~i(4~.c.:~~;Jl,ii~"~,,;f~D~::ET'..
Paragraph 1l.4 or other property insurance applicable to the Wor., '~h,.rights ~s-lj{io/Ji~v.~{~f;'i;};:;;.,:; co,
to proceeds of such insurance held by the Owner as fiducia 'I " ~, 9r ~~~t'}l'$@[~l,~U'
appropriate, shall require of the Architect, Architect's consultants,' ri~t~te.:;C trat~~:f$ descfi~e'4:;/J'"
in Article 6, if any, and the subcontractors, sub.-subcontractors, agents and ~mV,!8y,~,~s of any. of
them, by appropriate agreements, written where legally required for valid it . 'ij~~M!~~v.ers.:.'~~<;h
in favor of other parties enumerated herein. The policies shall i.t~' "",,,,,~W~~!~~i\Tei-s:i of
subrogation by endorsement or otherwise. A waiver of subrogation~%fi~~~b~~~tf~ctive ,,!S,.!9 a
person or entity even though that person or entity would otherwise have a dUtY of iJ;ldemj1ins~~~>
tion, contractual or otherwise, did not P<iY the insurance premium directly or !.(4~~~'^':}\ali:~:r:.
whether or not the person or entity had an insurable interest in the property dalI}~~~fl.J'7;?'::
. "~:!"w':.. ;..!'..'..
I w'._~.u.,~~",,--,- ~,_. u. ~~. L'~""
11.... A I"" in'u"d unde, Own...., Prope.-Iy imUl'ance <hall be adju'led by the Owner as
fiduciary and made Payable to the Owner as fiduciary for the in"'red,. as their inte"." may
appear, "'hject 10 requi"menls of any applicahle mortgagee dau.. and of Suhparagraph IL>f.10.
The Contractor ,hall pay SUbContracto" their just ,ha", of imurance proceed, received by the
Contractor, and hy approp,ialo ag"emen'._ writton whe" legally "quired for validity, .hall
requi" Subconlracto" to make paymen" to their SUh''''ocontracto" in ,imilar mann....
..:~ng by a Party in inl....,~ the Owner as fiduciary ,hall, upon OCCUrrence
.:!rnd for prop... p...foOOanee of the Owne~, duties. The cost of <equired
~gaimt proceed, "ceived a, fidUciary. lbe Own... ,hall depm" m a
",,'l-J
lIS '0 =eived, which the OWn... ,hall di,'rihute m >c'onIanee with 'uch
" es in interest may reach, or in accordance with an arbitration award in
..liU" ,han he as Provided in Pa"graph 4.6. If all... such 10"' no other SPecial
ma ;and un!"" the 0 r loooinates the Cont"ct for convenience, "placement
Iy,hall pe.-for y the Contractor after notification of a Change in the
with e 7.
er to adjust and settle a loss with insurers unless one
ting within five days after occurrence of loss to the
. lion is made, the dispute shall be resolved as
s fiduciary shall, in the case of arbitration, make
irections of the arbitrators. If distribution of
arbitrators will direct such distribution.
D
're the Contractor to furnish bonds covering
- of obligations arising thereunder as stipulated
in the Contract Documents on the date of
ppearing to be a potential beneficiary of bonds
the Contract, the Contractor shall promptly
Y to be made.
, chitect's request or to requirements
f required in writing by the Architect,
ced at the Contractor's expense without
. h the Architect has not specifically
tect may request to see such Work and
- ork is in accordance with the Contract.
shall, by appropriate Change Order, be at the
ce with the Contract Documents, correction
. tion was caused by the Owner or a separate
onsible for payment of l?uch costs.
II'"
~ . 0
0. .0.
0-. '.-'0,
Oa:::::Q~
~
10 1997 AIA@
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
COPvrlght 'aws and ",m .1110.1.,. .&...... ...._~_......_.._. .
I
The American Institute
of Architects
.1735 New York Avenue, N. W. ._
Washington, D.C. 20006-5292
I
.",
~'II
~ 0
o. .0
0'-....... .-:0.
o~~
c::::::J
101997 AIA@
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
'-
12.2 CORRECTION OF WqRK
12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION
12.2.1.1 The Contract", ,hall promptly correct Work rejected by the Architect 0' failing to confonn
to the requrremenls of the Contract Document.<, wheth" di,,,,",,,,,,,, hefore 0' a/ie, Suhetantial
Completioo and wheth" 0' not fabricated, inetalled 0' completed. CoeIs of correcting euch
rejected Wod<, iuclumng additional teeting and inepectione and compen,ation fo, the Architect.,
services and expenses made necessary thereby, shall be at the Contractor's expense.
. .?:--;o..,:\::!~<~~
12.2.2 AFTER SUBSTANTIAL COMPLETION . 'M;,
12.2.2.1 In addition to the Contneto,', uhligation, und" i'a>-agmph 3.5. if. within one yea< afteJ: th" .,~.,}W;
dale of Substantial Completion of the Work 0' deeignated portion thereof 0' aft" the date fo w. "",",n
commencement of warrantlee eetahliehed und" Suhpa...g...ph 9.9.1, 0' by tenn, of an applicahle ~
\:i'!",:"~'~'::'",, ~_ ~'''''~.'
'Pedal warranty required by the Contract Document" any of the Wmk i, found to he not in '<<';,fr!C!:
", . ~ ....~.. .
acconlance with the requi"ment, of the Cont...ct Document.<, the Contracto, all COrrect it ,......
promptly aft" """'ipt of written notice from the Own" to do '0 unles, Owne~~has
prev;ou'ly given the Cont...ctm a mitten acceptance of 'uch condition. Th , 'haJtrjve
euch notice promptly aft" discovery of the conmtlon. During the one-yea.- p co' n
of Work, if the Owner fails to notify the Contractor and give the Contractor
make the correction, the O~er waives the rights to require correction by the
make a claim for breach of warranty. If the Contractor fails to correct ~.
within a reasonable time during that period after receipt of notice from t
the Owner may correct. it in accordance with Paragraph 2.4.
12.2.2.2The one-year period for correction of Work shall be extended wit
Work first performed after Substantial Completion by the period of ti
Completion and the actual performance of the Work.
\\~Jlit1;;
", '~}~~;
;~~:
i~,~
V"j:::3'~
!,~
':'~~fl
12.2.2.3The one-year period for correction of Work shall not be exte
performed by the Contractor pursuant to this Paragraph 12.2.
12.2.3 The Contractor. shall remove from the site portions of the
accordance with the requirements of the Contract Documents and are
Contractor nor accepted by the Owner.
12.2.4 The Contractor shall bear the cost of correcting destroyed or
Whether completed or partially completed, of the Owner or separate cont
Contractor's correction or removal of Work which is not in accordance wit
the Contract Documents.
12.2.5 Nothing contained in this Paragraph 12.2 shall be cons
Subparagraph 12.2.2 relates only to the specific obligation of th '
and has no relationship to the time within which the obligatio
Documents may be sought to be enforced, nor to the time within
commenced to establish the Contractor's liability with respect to the
other than specifically to. correct the Work.
12.3 ACCEPTAN~E OF NONCONFORMING WORK
12.3.1 If the Owner prefers to accept Work which is not in accordance with the re
the Contract Documents, the Owner may do so instead of requiring its removal
in which case the Contract Sum will be reduced as appropriate and equitable. S
shall be effected whether or not final payment has been made.
~~~}) -~
tti~~
I'
WARNING: UnlL-aneAd nhn.t^"'^_....... ...._1...__ II.. ___._.....
ARTICLE 13 MISCelLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contrnct 'hall he gOVerned by the low nf the place where the Pmje<t i, lOCated.
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owner and Conlrnctor respectively hind Ihem<elv,", their partn"" ,ncc,",o"" assigm
and legal repre'<utatives to the other party hereto and to partne..., '"="0"', assign, and legal
her party in respect to covenants, agreements and obligations contained
nts. Except as provided in Subparagraph 13.2.2, neither party to the
ontract as a whole without written consent of the other. Ifeither party
assignment without such consent, that party shall nevertheless remain
I obligations under the Contract.
been duly served if delivered in person to the
to an officer of the corporation for which it was
certified mail to the last business address known
ontract Documents and rights and remedies
t a limitation of duties, obligations, rights and
chitect or Contractor shall constitute a waiver
ntract, nor shan such action or failure to act
thereunder, except as may be specifically agreed
s having jurisdiction determine that portions
r approval not included under SUbparagraph
from the Owner, instruct the Contractor to
nspection or approval by an entity acceptable to
. e timely notice to the Architect of when and where tests
the Architect may be present for such procedures. Such
13.5.3, shall be at the Owner's expense.
copyr/ghf laws and will subject the Violator to legal Prosecution.
I
'-
8'11
"" 0
<:S. .0
0-. "'In ._0.
o~'OO
c:::::::i
@1997 AIA@
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Instifute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292 .
I
.'
AlII
~. D
O. .0
.0-, ",'N ,-0.
Oa:::J:l:~
c::::::i
@1997 AIA<I!l
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTION
The American Institute
of Archifecfs
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
.... "'- '_h",__
__i
13.5.3 If =h P'ocedu"" fo, ""lng, h"POC!ion 0' appmvaJ nud<< Subpamgmphs '3-5-' and '3.5.2
'eveal failu,e of the po,Ho", of Ihe Wo,k to comply wilh requieemenl' e"ablished by the
Conleacl Documents, all rosts made necessary by ,uch failure including th"", of <epeated
procedu"" and compen,aHon foethe Aechitect', seevices and expen,,,, ,haU be allhe Conleaetm',
expense.
13.5.4 RequiIed C<<',fical" of testing, in,pecHon 0' appmval 'hall, unl"" olhe<wise "'qui'ed by
the ContnlcI Documents, be secu"'d by the Conleacto, and promptly deliv<<ed 10 Ihe Aechilect. ~1$"j~~j;f1
13.5.5 If the Aechitecl is 10 o"",,eve I",ts, i"'pection, De approval, 'equUOO by the ConlmcIW),l~~\i)
Documen", Ihe Aechitect will do '0 pmmptly and, wh... PnlcHciIble, at Ihe nonnal place"-"..'~.'
of testing.
13.5.6 Tests or inspections conducted pursuant to the Contract Documents
promptly to avoid unreasonable delay in the Work.
13.6 INTEREST
13.6.1 Payments due and unpaid under the Contract Documents shall bear int
payment is due at such rate as the parties may agr~e upon in writing or, in the
the legal rate prevailing from time to time at the place where the Project is.
13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD
13.7.1 As between the Owner and Contractor:
.1 Before Substantial Completion. As to acts or failures to act
relevant date of Substantial Completion, any applicable statut
commence to run and any alleged cause of action shall be d
any and all events not later than such date of Substantial Co
.2 Between Substantial Completion and Final Certificate for
failures to act occurring subsequent to the relevant date of Sub
prior to issuance of the final Certificate for Payment, an
limitations shall commence to run and any alleged cause of a ..
have accrued in any and all events not later than the date
Certificate for Payment; and
.3 After Final Certificate for Payment. As to acts or failures to
relevant date of issuance of the final Certificate for Payment, an
limitations shall commence to run and any alleged cause ofacti
have accrued in any and all events not later than the pf any a
the Contractor pursuant to any Warranty provided rap
correction of the Work or failure to correct the Work -~ ctor
12.2, or the date of actual commission of any other act 0 . per~
obligaHon by the Conlnleto, De Own<<, whichev<< occu"' last. ..
"j~'7
"~' ..:~
ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 TERMINATION BY THE CONTRACTOR
14.1.1 The Contractor may terminate the Contract if the Work is stopp
secutive days through no act or fault of the Contractor or a Subcontra
their agents or employees or any other persons or entities performing
direct or indirect contract with the Contractor, for any of the following re
.1 issuance of an order of a COurl or other public authority having jur'
requires all Work to be stopped;
.2 an act of government, such as a declaration of national emergency wlii '._<"""
Work to be stopped; ..".,,".__,
1- u......d ............... _.. u.,. _,"_ ... .."_"
(fJ.~~'.>
:.l~' ;0<;.':,. .:,
1J}~;l
':::~:~~
.3 because the Architect has not issued a Certificate for Payment and has not notified the
Contra_ nf the '<ason fnr Withholding certification as provided ill Suhparagraph
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 promptly, Upon the Contractor's
request, reasonable evidence as required by Subparagraph 2.2.1.
:q~~l;I~,~9.mway terminate the Contract if, through no act or fault of the Contractor
'.~t. .... .':4subcontractor or their agents or employees or any other persons or
plJs of the Work under direct or indirect contract with the Contractor,
. aays or interruptions of the entire Work by the Owner as described in
.,~ e in the aggregate more than 100 percent of the total number of days
..~, fe-lion, or 120 days in any 365-day period, whichever is less.
consecutive days through no act or fault of the
r employees or any other persons performing
.,Contractor because the Owner has persistently
be Contract Documents with respect to matters
tractor may, upon seven additional days' written
'., the Contract and recover from the Owner as
the Contractor:
s to supply enough properly skilled workers or
rs for materials or labor in accordance with the
ontractor and the Subcontractors;
ces, or rules, regulations or orders of a public
'sion of the Contract Documents.
on certification by the Architect that
lals, equipment, tools, and construction
~y the Contractor;
ant to Paragraph 5.4; and
ethod the Owner may deem expedient. Upon
hall furnish to the Contractor a detailed
.e.'Owner in finishing.the Work.
the Contract for one of the reasons stated in
'hot be entitled to receive further payment until the Work
,~,~r~!;- I," copyrlghf laws and will SUbject fhe vIolator to legal prosecution.
.~.-t._t.:..1,.,~".t\~".'1
I
1
~'II
~ 17
O. .0
0'-,,,,. .-0
o ltl:l: ~
c:::::i
01997 AIA@
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OF THE CONTRACT FOR
CONSTRUCTioN
The American Institute
of Architects .
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
I
8'1'.
~. .g
O"~"O
o.........'CS
c::::::i
Cl1997 ^1^CIi)
AlA DOCUMENT A201-1997
GENERAL CONDITIONS
OFTHECONTRACTFOR
CONSTRUCTION
The American Institufe
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
ft
9/97 "
---L__
..---.
14.2.4 If the unpaid bolan<< of the Contnc' Sum e>c<",d< c""ts of finishing the Work, including
compensation for the Architect's services and expenses made necessary thereby, and other
damag" incurred by tm, Owner and not expressly Waived, such CXCe<s sholl be paid to the
Contnclor.lf such =ts and damag" =eed the unpaid balance, the Contractor sholl pay the dif.
feren<< to tm, Owner. The amount to he paid 10 the Conlnclor or Owner, as the case may be, shall
m, <<rtilled by the Architect, upon application, and this obligation for payment sholl smvive
termination of the Contract.
14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
143.1 The Owner may, without cause, order the Contractor in writing 10 suspend, delay or inler ~:
rupt the Work in whole or in part for such period of time as the Owner may determine.
14.3.2 The Conl"",1 Sum and Contnct Time shall be adjusted for increas" in the =1 and time ~~i~~~
caused by Suspension, delay or interruption as described in Subparagraph 14.3.1. Ad' stment 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, del aye
another cause for which the Gontractor is responsible; or '
.2 that an equitable adjustment is made or denied under anothe
Contract.
I. _N"'U""',...ph__,.",..u.s.~~~.___. _ .
14.4 TERMINATION BY THE OWNER FOR CONVENIENCE
14.4.1 The Owner may, at any time, terminate the Contract for the 0
without cause.
14.4.2 Upon receipt of written notice from the Owner of such termin
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,
preserVation of the Work; and
.3 except for Work directed to be performed prior to the effect'
stated in the notice, terminate all existIng sUbcOlitracts and p
into no further subcontracts and purchase orders.
14.4.3 In case of such termination for the Owner's convenience, the Cant
to receive payment for Work executed, and costs incurred by reason. of Sl,1
with reasonable overhead and profit on the Work not executed.
Attachment B Page 1 of 5
SECTION 00800
SUPPLEMENTARY CONDITIONS
INTENT
1.01 These Supplementary Conditions amend and supplement the General Conditions defined in
Document 00700 and other provisions of the Contract Documents as indicated below. All
provisions which are not so amended or supplemented remain in full force and effect.
1.02 The terms used in these Supplementary Conditions which are defined in the General
Conditions have the meanings assigned to them in the General Conditions.
MODIFICATIONS TO AlA A201
2.01 ARTICLE 1 - GENERAL PROVISIONS
A. Paragraph 1.1.3: ADD and INSERT: The word "product" between the words "materials" and
"equipment".
B. Paragraph 1.2: ADD SUBPARAGRAPH:
"1.2.4 The drawings have been prepared on the basis of surveys and inspections of the
site, and are intended to present an essentially accurate indication of the physical
conditions at the site. This, however, shall not relieve the Contractor of the necessity for
fully informing himself as to existing physical conditions including all applicable laws,
ordinances, rules and regulations."
2.02 ARTICLE 2 - OWNER:
A. Paragraph 2.1: ADD SUBPARAGRAPH:
"2.1.3 The owner referred to herein is: Augusta, Georgia, a political subdivision of the
State of Georgia"
2.03 ARTICLE 3 - CONTRACTOR
A. Paragraph 3.4: ADD SUBPARAGRAPH:
"3.4.4 Not later than thirty (30) days from the Contract Date, the Contractor shall provide a
list of all products proposed for installation, including the name of the manufacturer of
each, for approval by Owner and Architect. The list shall be tabulated by and be complete
for each specification section. Where applicable, subcontractor"s names shall be included
. in such list.
a. After the Contract has been executed, Owner and Architect will consider a formal
request for the substitution of products in place of those specified, under the following
conditions:
b. The request is accompanied by complete data on the proposed substitution
substantiating compliance with the Contract Documents including product
identification and description, performance and test data, references and samples
where applicable, and an itemized comparison of the proposed substitution with the
products specified or named by Addenda, with data relating to Contract time
schedule, design and artistic effect where applicable, and its relationship to separate
contracts.
c. The request is accompanied by accurate cost data on the proposed substitution in
comparison with the product specified, whether or not modification of the Contract
Sum is to be a consideration.
d. Requests for substitution based on Clause 3.4.4.1 above, when forwarded by
Contractor to Architect, are understood to mean that Contractor:
1) Represents that he has personally investigated the proposed substitute product
and determined that it is equal or superior in,all respects to that specified;
2) Will provide the same guarantee for the substitution that he would for that
specified;
2737 I Richmond County Fire Department Administration Building
00800 - 1
SUPPLEMENTARY CONDITIONS
Attachment B Page 2 of 5
3) Certified that the cost data presented is complete and includes all related costs
under this Contract, but excludes costs under separate contracts and Architect"s
re-design costs and that he waives all claims for additional costs relating to the
substitution which subsequently become apparent; and,
4) Will coordinate the installation of the accepted substitute, making such changes
as may be required for the work to be complete in all respects.
e. Substitutions will not be considered if:
1) they are indicated or implied on shop drawing submissions without the formal
request required above; or,
2) for their implementation they require a substantial revision of the contract
documents in order to accommodate their use."
2.04 ARTICLE 4 - ADMINISTRATION OF THE CONTRACT
A. Paragraph 4.1: ADD SUBPARAGRAPH:
"4.4.4 The Architect referred to herein is:
a. Virgo Gambill Architects
b. 2531 Center West Parkway Suite 200
c. Augusta, Georgia 30909"
B. Paragraph 4.4.5: Delete the sentence "The approval or rejection of a Claim by the Architect
shall be final and binding on the parties but subject to mediation and arbitration."
C. Paragraph 4.4.6: Delete section.
D. Paragraph 4.6: Delete section.
E. Paragraph 4.6.1: Delete section.
F. Paragraph 4.6.2: Delete section.
G. Paragraph 4.6.3: Delete section.
H. Paragraph 4.6.4: Delete section.
I. Paragraph 4.6.5: Delete section.
J. Paragraph 4.6.6: Delete section.
2.05 ARTICLE 7 - CHANGES IN THE WORK
A. Paragraph 7.1: ADD SUBPARAGRAPH:
"7.1.4 In determining the cost or credit to the Owner resulting from a change in the Work,
by either Change Order or Directive, the allowances for overhead and profit combined,
included in the total cost to the Owner, shall not exceed these percentages as follows:
a. For the Prime Contractor, for any work performed by his own forces, 15% of the cost;
b. For the Subcontractor involved, for work performed by his own forces, 15% of the
cost;
c. For the Prime Contractor, for work performed by his Subcontractors, 7% of the
amount due the Subcontractor."
2.06 ARTICLE 9 - PAYMENTS AND COMPLETION
A. Paragraph 9.2: ADD SUBPARAGRAPH: .
"9.2.2 The Schedule of Values shall be prepared in such a manner that each major item of
work and each subcontracted item of work is shown as a single line item on AlA
Document G702A, Application and Certificate for Payment, Continuation Sheet."
B. Paragraph 9.3: ADD SUBPARAGRAPH:
"9.3.4 The form of Application For Payment shall be AlA Document G702, Application and
Certificate for Payment, supported by AlA Document G702A, Continuation Sheet.
a. Until the work is 50% complete, the Owner will pay 90 percent of the amount due the
Contractor on account of progress payments. At the time the work is 50% complete, if
2737 I Richmond County Fire Department Administration Building
00800 - 2
SUPPLEMENTARY CONDITIONS
Attachment B Page 3 of 5
the manner of completion of the work and its progress are and remain satisfactory to
the Architect, and in the absence of other good and sufficient reasons, the Architect
shall (on presentation by the Contractor of Consent of Surety) certify for payment to
the Contractor half of the funds then held as retainage by the Owner. Thereafter, the
Owner will pay 95% of the amount due the Contractor on account of remaining
progress payments. .
b. The full contract retainage may be reinstated if the manner of completion of the work
and its progress do not remain satisfactory to the Architect, (or if the Surety withholds
his consent), or for other good and sufficient reasons."
C. Paragraph 9.7.1: Delete the phase ".. .or awarded by arbitration," after ".. .the amount certified
by the Architect".
2.07 ARTICLE 11.4 - PROPERTY INSURANCE
A. Paragraph 11.4.1: Delete the phrase "Unless otherwise provided..." in the first line. Delete the
first reference to the word "Owner" and substitute "Contractor" in the first line so it shall read,
"The Contractor shall purchase and maintain...".
B. Paragraph 11.4.1.2: Delete section.
C. Paragraph 11.4.1.3: Delete section.
D. Paragraph 11.4.2: Delete the first reference to the word "Owner" in the first line and substitute
the word "Contractor" so the document will read, ''The Contractor shall purchase and maintain
boiler and machine insurance.. .".
E. Paragraph 11.4.3: Delete the sentence "The Owner waives all rights of action against the
Contractor for loss of use of the Owner's property, including consequential losses due to fire or
other hazards however caused."
F. Paragraph 11.4.4: Delete section.
G. Paragraph 11.4.5: Delete section.
H. Paragraph 11.4.6: Delete section.
I. Paragraph 11.4.7: Delete section.
J. Paragraph 11.4.8: Delete section.
K. Paragraph 11.4.9: Delete section.
L. Paragraph 11.4.10: Delete section.
2.08 ARTICLE 11 - INSURANCE AND BONDS
A. Paragraph 11.1.2: ADD SUBPARAGRAPH:
"11.1 .2.1 The insurance required by subparagraph 11.1.1 shall be written for not less than
the following limits:
a. Workman's Compensation - Statutory
b. Employer"s Liability - $500,000
c. Comprehensive General Liability:
1) Bodily Injury - $1,000,000
2) Personal Injury - $1,000,000
d. Property Damage - $1,000,000
e. Automobile Liability:
1) Bodily Injury - $1,000,000
2) Property Damage - $1,000,000
f. Contractor's Protective Liability - Same limits as Comprehensive General Libility
above.
g. Products and Completed Operations Liability - Same limits as Comprehensive
General Libility above for (2) two years minimum, commencing with issuance of Final
2737 I Richmond County Fire Department Administration Building
00800 - 3
SUPPLEMENTARY CONDITIONS
Attachment B Page 4 of 5
Certificate for Payment.
h. Contractual Liability - Same limits as Comprehensive General Libility above."
B. Paragraph 11.1: ADD SUBPARAGRAPH:
"11.1.4 Furnish two (2) copies of Certificates herein required; specifically set forth
evidence of all coverages required by subparagraph 11.1.1 of the "General Conditions.
The form of the Certificate shall be AlA Document G705. Furnish to the Owner copies of
any endorsements that are subsequently issued amending coverage or limits."
C. Paragraph 11.2: ADD SUBPARAGRAPH:
"11.2.2 A certificate of compliance shall be furnished to the General Contractor through
the Architect. This insurance shall have a $100 "Deductible" on any insured loss and that
the amount of this deductible and ANY other losses not specifically covered under the
Owner's policy shall be borne by the General Contractor and/or his subcontractors. Loss
of any tools, equipment, scattolding,staging, towers, forms, machinery, etc. owned or
rented by mechanics, or the Contractor or the Subcontractors, which are not intended to
become a part of the project will not be covered; but it does cover damage to the building
or contents because of theft or burglary. The General Contractor and/or his subcontractors
must report any loss to the Owner as soon as the loss occurs in order that damage be
assessed before job conditions are disturbed. Formal claims against this policy should be
submitted within 21 days after occurrence."
D. Paragraph 11.5.1: Delete the first reference to the word "Owner" and substitute the word
"Contractor". Delete the phrase "...have the right to require the Contractor to..... in the first
sentence. Delete the phrase".. .stipulatedin bidding requirements or specifically required in the
Contract Documents on the date of execution of the Contract... and substitute the phrase
"required by Georgia law."
E. Paragraph 11.5: ADD SUBPARAGRAPH:
"11.5,3 Prior to signing of Construction Contract, the Contractor must furnish Performance
Bond, and Labor and Material Payment Bond covering the faithful performance of the
Contract and the payment of all obligations arising thereunder. Bonds must be executed in
triplicate and issued at 100% of the Contract Amount for all coverages. The Performance
Bond and the Labor and Material Payment Bond may be in one, or may be in separate
instruments in accordance with local law; Surety' Company Underwriting this document
must be authorized to do business in the State of Georgia and must be acceptable to the
Owner.The bond value requirements are as follows:
a. Provide a 100 percent Performance Bond on AlA A312.
b. Provide a 100 percent Payment Bond on AlA A311 .
c. Deliver bonds within 3 days after execution of the Contract...
2.09 ARTICLE 13 - MISCELLANEOUS PROVISIONS
A. Paragraph 13.6: Delete section.
B. Paragraph 13.6.1: Delete section.
2.10 ARTICLE 14 - TERMINATION OR SUSPENSION OF THE CONTRACT
A. Paragraph 14.1.1: Delete number 3.
B. Paragraph 14.1.3: Delete the phrase".. .including reasonable overhead, profit and damages."
C. Paragraph 14.4.4: Add the following:
This Agreement is intended by the Parties to, and does, supersede any and all
provisions of the Georgia Prompt Pay Act, O.C.GA Section 13-11-1, et. seq. In any event any
provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the
provision of this agreeent shall control.
All claims, disputes and other matters in question between the Owner and the
Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in
2737 1 Richmond County Fire Department Administration Building
00800 - 4
SUPPLEMENTARY CONDITIONS
Attachment B Page 5 of 5
the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement,
specifically consents to jurisdiction and venue in Richmond County and waives any right to
contest the jurisdiction and venue in the Superior Counrt of Richmond County, Georgia.
Notwithstanding any provision of the law to the contrary, the parties agree that no
interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and
Contractor specifically waives any claim to same.
Notwithstanding any provision of the General Conditions, there shall be no
substitution of materials or change in means, methods, techniques, sequences or procedures of
construction that are not determined to be equivalent to those indicated or required in the
Contract Document, without an Amendment to the Contract.
Contractor acknowledges that all records relating to this Agreement and the
services to be provided upon the contract may be a public record subject to Georgia's Open
Records Act (O.C.GA 50-180-70, et. seq.). Contractor shall cooperate fully in responding to
such request and making all records, not exempt, available for Inspection any copying as
provided by law.
All reference to AlA Document A201-1997 in the Standard Form of Agreement
Between Owner and Contractor shall reference only this amended and attached version.
The Contractor evidenced by his below signature asserts to the hereinabove
modifications, deletions, and/or amendments to this document.
2.11 ADDITIONAL ARTICLE 15 - DEFINITIONS
A. Products: Means new material, machinery, components, equipment, fixtures, and systems
forming the Work, but does not include machinery and equipment used for preparation,
fabrication, conveying and erection of the Work. Products may also include existing materials or
components required for reuse. .
B. Furnish or Supply: To supply and deliver, unload, inspect for damage.
C. Install: To unpack, assemble, erect, apply, place, finish, cure, protect, clean, and ready for use.
D. Provide: To furnish or supply, plus install.
END OF DOCUMENT 00800
2737 I Richmond County Fire Department Administration Building
00800 - 5
SUPPLEMENTARY CONDITIONS
Attachment C Page 1 of 6
SECTION 00010
TABLE OF CONTENTS
00001 - PROJECT TITLE PAGE
00007 - SEALS PAGE
00010 - TABLE OF CONTENTS
00015 - LIST OF DRAWINGS
00100 -INVITATION TO BID
00200 - INSTRUCTIONS TO BIDDERS
AlA DOCUMENT A701 - INSTRUCTION TO BIDDERS
00220 - SUPPLEMENTARY INSTRUCTIONS TO BIDDERS
00410 - BID FORM
AlA DOCUMENT A305 - CONTRACTORS'S QUALIFICATION STATEMENT
00500 - FORM OF AGREEMENT
00600 - BONDS AND CERTIFICATES
00700 - GENERAL CONDITIONS
00800 - SUPPLEMENTARY CONDITIONS
DIVISION 1 -- GENERAL REQUIREMENTS
01100 - PROJECT SUMMARY
01210 - ALLOWANCES
01300 - ADMINISTRATIVE REQUIREMENTS
01325 - CONSTRUCTION PROGRESS SCHEDULE
01330 - DELAYS AND TIME EXTENSIONS
01500 - TEMPORARY FACILITIES AND CONTROLS
01600 - PRODUCT REQUIREMENTS
PRODUCT SUBSTITUTION REQUEST
01780 - CLOSEOUT SUBMITTALS
DIVISION 2 -- SITE CONSTRUCTION
02000 - GENERAL PROVISIONS - SITEWORK
02100 - CLEARING AND GRUBBING
02200 - EARTHWORK
2737 I Richmond County Fire Department Administration Building
00010-1
TABLE OF CONTENTS
Attachment C Page 2 of 6
02220 - FOUNDATIONS AND TRENCH EXCAVATION, BEDDING AND BACKFILL
02270 - EROSION AND SEDIMENT CONTROL
02361 - SOIL TREATMENT FOR TERMITE CONTROL
02790 - PAVING
02821 - PERMANENT GRASSING
02900 - SELECTIVE DEMOLITION
DIVISION 3 -- CONCRETE
03300 - CAST -IN-PLACE CONCRETE
DIVISION 4 -- MASONRY
04065 - MORTAR AND MASONRY GROUT
04080 - HORIZONTAL MASONRY JOINT REINFORCEMENT SYSTEMS
04215 - REINFORCED MASONRY
04220 - CONCRETE MASONRY UNITS
DIVISION 5 -- METALS
05120 - STRUCTURAL STEEL
05210 - STEEL JOISTS
05310 - STEEL DECK
05400 - COLD-FORMED METAL FRAMING
05500 - METAL F ABRICA TIONS
DIVISION 6 -- WOOD AND PLASTICS
06067 - HIGH PRESSURE DECORATIVE LAMINATES
06100 - ROUGH CARPENTRY
06151 - "DENS-GLASS GOLD" SHEATHING BOARD
06200 - FINISH CARPENTRY
06410 - CUSTOM CABINETS
DIVISION 7 -- THERMAL AND MOISTURE PROTECTION
2737 I Richmond County Fire Department Administration Building
00010 - 2
TABLE OF CONTENTS
07210 - FIBERGLASS INSULATION
07212 - RIGID BOARD INSULATION
07261 - WEATHER RESISTANT MEMBRANE
07262 - VAPOR RETARDER MEMBRANE
07410 - METAL ROOF AND WALL PANELS
07420 - COMPOSITE FLAT WALL PANELS
07533 - MECHANICALLY ATTACHED MEMBRANE ROOFING (TPO)
07620 - SHEET METAL FLASHING AND TRIM
07650 - FLEXIBLE THROUGH WALL FLASHING
07840 - FIRESTOPPING
07900 - JOINT SEALERS
DIVISION 8 -- DOORS AND WINDOWS
08110 - STEEL DOORS AND FRAMES
08211 - FLUSH WOOD DOORS
, 08410 - METAL-FRAMED STOREFRONTS
08710 - DOOR HARDWARE
08800 - GLAZING
DIVISION 9 -- FINISHES
09205 - DIAMOND MESH METAL LATH
09220 - PORTLAND CEMENT PLASTER (STUCCO)
09260 - GYPSUM BOARD ASSEMBLIES
09300 - FLOOR TILE
09511 - SUSPENDED ACOUSTICAL CEILINGS
. .
09650 - RESILIENT FLOORING
09680 - CARPET
09900 - PAINTS AND COATINGS
DIVISION,10 -- SPECIALTIES
10100 - VISUAL DISPLAY BOARDS
2737 1 Richmond County Fire Department Administration Building
00010 - 3
Attachment C Page 3 of. 6
TABLE OF CONTENTS
Attachment C Page 4 of 6
10170 - PLASTIC TOILET COMPARTMENTS
10200 - DISPLAY CABINET
10350 - FLAGPOLES
10420 - CAST METAL LETTERS
10421 - METAL PLAQUE
10441 . INTERIOR PLASTIC SIGNS
10523 - FIRE EXTINGUISHERS, CABINETS AND ACCESSORIES
10530 - PROTECTIVE COVERS
10800 - TOILET, BATH AND UTILITY ACCESSORIES
DIVISION 11 -- EQUIPMENT
11005 - MISCELLANEOUS EQUIPMENT
11131 - PROJECTION SCREENS
DIVISION 12 -- FURNISHINGS - NOT USED
DIVISION 13 -- SPECIAL CONSTRUCTION - NOT USED
DIVISION 14 -- CONVEYING SYSTEMS - NOT USED
DIVISION 15 -. MECHANICAL
15000 - GENERAL MECHANICAL PROVISIONS
15050 - BASIC MECHANICAL MATERIALS AND METHODS
15135 - METERS AND GAGES
15145 - HANGERS AND SUPPORTS
15170. MOTORS
15171 - MOTOR CONTROLLERS
15241 - MECHANICAL VIBRATION CONTROLS AND SEISMIC RESTRAINTS
15250 - MECHANICAL INSULATION
15325 - FIRE-SUPPRESSION PIPING
15411 - WATER DISTRIBUTION PIPING
2737 I Richmond County Fire Department Administration Building
00010 - 4
TABLE OF CONTENTS
.
15420 - DRAINAGE AND VENT PIPING
15430 - PLUMBING SPECIALITIES
15440 - PLUMBING FIXTURES
15453 - WATER DISTRIBUTION PUMPS
15461 -ELECTRIC WATER HEATERS
15530 - REFRIGERANT PIPING AND CONDENSATE DRAINS
15773 - SPLIT-SYSTEM HEAT PUMPS AND AIR CONDITIONERS
15782 - ROOFTOP UNITS
15845 - AIR TERMINALS
15853 - POWER AND GRAVITY VENTILATORS
15855 - DIFFUSERS, REGISTERS, GRILLES AND LOUVERS
15889 - RANGE HOOD SYSTEM
15891 - METAL DUCTWORK
15910 - DUCT ACCESSORIES .
15975 - CONTROL SYSTEMS EQUIPMENT
15985 - SEQUENCE OF OPERATION
15990 - TESTING, ADJUSTING, AND BALANCING
DIVISION 16 -- ELECTRICAL
Attachment C Page 5 of 6
16051 - COMMON WORK RESULTS FOR ELECTRICAL
16052 - COMMON WORK RESULTS FOR COMMUNICATIONS
16053 - COMMON WORK RESULTS FOR ELECTRONIC SAFETY AND SECURITY
16060 - GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS
16073 - HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS
16075 - IDENTIFICATION FOR ELECTRICAL SYSTEMS
16120 - LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES
16130 - RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS
16140 - WIRING DEVICES
16145 - LIGHTING CONTROL DEVICES
16410 - ENCLOSED SWITCHES
16442 - PANELBOARDS
16491 - FUSES
16511 - INTERIOR LIGHTING
16714 - COMMUNICATIONS EQUIPMENT ROOM FITTINGS
2737 I Richmond County Fire Department Administration Building
00010 - 5
TABLE OF CONTENTS
.
..
Attachment C Page 6 of 6
16717 - COMMUNICATIONS HORIZONTAL CABLING
. .
16718 - CONDUCTORS AND CABLES FOR ELECTRONIC SAFETY AND SECURITY
16852 - DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM
END OF TABLE OF CONTENTS
2737 I Richmond County Fire Department Administration Building
00010 - 6
TABLE OF CONTENTS
...
..
Attachment 0 Page 1 of 2
SECTION 00015
LIST OF DRAWINGS
COVER
AO.O CODE - INFO SHEET
CO.1 EXISTING SITE PLAN
C1.1 SITE LAYOUT
C1.2 MISCELLANEOUS DETAILS
C2.1 GRADING & STORM PIPE PLAN
C3.1 INITIAL SESPC
C3.2 INTERMEDIATE SESPC
C3.3 FINAL SESPC
C3.4 SESPC DETAILS
C4.1 UTILITY PLAN
C4.2 UTILITY DETAILS
C4.3 TREE PLAN
AO.1 LIFE SAFETY PLAN
A1.0 MASTER FLOOR PLAN
A1.1 REFERENCE PLAN
A1.2 DIMENSION PLAN
A1.3 ENLARGED PLANS & FINISHES
A2.0 ELEVATIONS
A2.1 ELEVATIONS
A3.0 CROSS SECTIONS
A4.0 WALL SECTIONS
A4.1 WALL SECTIONS
A5.0 ROOF PLAN
A6.0 REFLECTED CEILING PLAN
A7.0 DOORS & WINDOWS
A8.0 MILLWORK DRAWINGS
A8.1 MILLWORK DRAWINGS
A9.0 CANOPY. DETAILS
A10.0 METAL PANELS DETAILS
2737 I Richmond County Fire Department Administration Building
00015 -1
LIST OF DRAWINGS
.
,
..
S1.0 GENERAL NOTES
S2.1 FOUNDATION & SLAB PLAN
S2.2 ROOF FRAMING PLAN
S3.1 CONCRETE SECTIONS & DETAILS
S5.1 STEEL SECTIONS & DETAILS
S5.2 STEEL SECTIONS & DETAILS
FP1.0 FIRE PROTECTION PLAN
P1.0 PLUMBING WASTE PLAN
P1.1 PLUMBING WATER PLAN
P1.2 PLUMBING ROOF PLAN
P2.0 PLUMBING SCHEDULES, NOTES, LEGEND & DETAILS
M1.0 HV AC PLAN
M2.0 HVAC DETAILS
M2.1 HVAC DETAILS
M3.0 HVAC SCHEDULES
M3.1 HVAC SCHEDULES
EO.1 ELECTRICAL SITE PLAN
E1.1 LIGHTING PLAN
E1.2 POWER PLAN
E1.3 MECHANICAL POWER PLAN
E1.4 SIGNAL PLAN
E2.1 ELECTRICAL DETAILS
END OF LIST OF DRAWINGS
2737 1 Richmond County Fire Department Administration Building
0001 5 - 2
. Attachment D Page 2 of 2
LIST OF DRAWINGS