HomeMy WebLinkAboutSherman Construction Co. ,Inc.
Augusta Richmond.GA
DOCUMENT NAME: 0h(j(N\G\.nCon~-tf~ct\on Co" 'inC.
DOCUMENT TYPE: J'e.e>m el\"t
YEAR: (])2-
BOX NUMBER: II
FILE NUMBER: 1 Co5G I
NUMBER OF PAGES: 37
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AlA Document AlGI
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULATED SUM
1987 EDITION
THIS DOCUMENT HAS IMPORTANT lEGAL CONSEQUENCES,. CONSULTATION WITH
AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TION.
Tbe 1987 Edition of AlA Document A201, General Conditions of tbe Commct for Constructioll, is adopted
in tbis document by reference. Do not lIse witb otber general conditions unless tbis document is modified.
. This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made as of the Twenty Fourth day of . October
~n~teEITi1andTed~id Two Thousand and Two (2002)
ETWEEN A-\oIo~"'" I S.IN'~'6 .. -o.~l"l,c.J s..U."",....
B the Owner: ~ Q.l.t.} ~[ A~l1~t.a J.;tElkHlElllB. e~uut~ .
(Nallle alld address) 530 Greene Street
Room 801, Municipal Building
Augusta, GA 30911
in the year of
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and the Contractor:
Sherman Construction Co., Inc.
P.O. Box 1629
Greenville, S.C. 29602
(Nallle alld address)
The Project is:
(Nallle alld localioll)
Fire Station #19
Seago Road and Brown Road
Hephzibah, GA
The Architect is:
Virgo Gambill Architects
2531 Center West Parkway
Suite 200
Augusta, GA 30909
(Nallle (//Id address)
The Owner and Contractor agree as set forth below.
Copyright 1915, 1918, 1925, 1937, 1951, 1958, 19<11. 1963, 1967, 1974, 1977, @1987byTheAmerican Institute of Archi-
tect~, 1735 New York Avenue, N. \\1., Washington. D.C. 20006. Reproduction of the material herein or substantial quotation
of its provisions without written permission of the AlA violates the copyright laws of the United States and will be subject to
legal prosecution.
AlA DOCUMENT Al0l . OWNEH.CONTRACTOR AGREE~IENT' TWELFTH EDITION' :\IAi!I . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A101-1987 1
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
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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 l'vlodifications, appears in Article 9.
ARTICLE 2
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in
the Contract Documents to be the responsibility of others, or as follows:
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, an'd shall be the date of
this Agreement, as first written above, 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.
(I/lSerllbe date of comme/lceme/lt, if il difJe,'s from tbe dale of tbis Agreemelll or, if applicable, stale Ibatlbe dale will be fixed i".a /lotice to proceed.)
The date of commencement shall be set in the Notice To Proceed'.
Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the
Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens
and other security interests.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(/llSerl tbe calendar date or number of calendar days after tbe dale 0/ commencement, Also illsert any requiremen/sfor earlier Substantial Completion oJ cer-
/ain pcwliolls 0/ tlJe W"ork, if not Slated elsewbere in tbe COlltract Doeumallls.)
(270) Two Hundred Seventy consecutive calendar days from this Notice To Proeed.
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert prUlJ;siolls. if (lilY, lor liqufdatcd damages relating to failure to complete on time.)
Liquidated damages in the amount of $200.00 for each consecutive calendar day after.
the expiration of the contract completion date, except for authorized extensions of
time by the Owner.
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. T\'(IELfTH EDITION. AlA'" . @1987
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YOHK AVENUE, N.W., WASHINGTON, D.C. 20006
A101-1987 2
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
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ARTICLE 4
CONTRACT SUM
4.1 The Owner shall pay the ContractOr in current funds for the Contractor's performance of the Contract the Contract Sum of
One Million, Two hundred-Eighty three thousand, Three hundred-twenty five Dollars
($ 1 283,325.00 ), subject to additions and deductions as provided in the Con-
tract Documents.
4.2 The Contract Sum is baseclupon the following alternates, if any, which are described in the Contract Documents and arc
hereby accepted by the Owner:'
(State' tbe 1JIIH,JlJers or other identl/icat;on of accepted alternates. If decisions 011 olber alte,.nates are to ue made by tbe Owner sub.';;(YllIenIIO tbe executiun (~l
tbis Agreement, attacb a. scbedule vI slIelJ otber alternates sbowing tbe aHlUlOI/ for caeb (lnd tbe date until ll!bielJ tballllJl010l( is lJtl/id.)
See Attachment "A"
4.3 Unit prices, if any, are as follows:
N/A
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGHEE~lENT . TWELFTH EDITION. AlA'" . @1987
THE AMEHICAN INSTITUTE 01' ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A101-1987 3
WARNING: Unlicensed photocopying violates U.S, copyright laws and Is subject to legal prosecution.
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ARTICLE 5
. PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the
Architect, the Ov.mer shall make progress payments on account of the Contract Sum to the Contractor as provided below and
elsewhere in the Contract Documents.
5.2 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
5.3 Provided an Application for Payment is received by the Architect not later than the Twenty-Fifth (25th)
-----_________________________._ day ofa month, the Owner shall make payment to the Contractor not later than
the Fifteenth (15th) ._________..day of the following month. Ifan Application for Payment is received by the
Architect after the application date fixed above, payment sllall be made by the Owner not later than Thirty (30) ------
:. --------- days aftcr the Architect receives tl1e'Application for Payment.
5.4 Each Application for Payment shall be based upon the 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 \,\fork
and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may reqllire.'This schedule,
unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate thc percentage of cOli1pletion of each portion of the Work as of the end of the period
covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment .shall be computed as fol!e>ws;
5.6.1. 'I;\ke that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the j)ercentage
completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the \'(fork in the schedule
of values, less retainage of Ten ----------------------------_________________________ percent
( 10 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in the dispute may be
included as provided in Subparagraph 7.3.7 ofihe General Conditions even though the Contract Sum has not yet been adjusted
by Change Order;
5.6.2 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 adv;mce by the Owner, suitably stored off the
site at a location agreed upon in writing), less retainage of
percent ( 10 (Y.,);
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para-
graph 9.5 of the General Conditions.
5.7 The progress paymcnt amount determined in accordance with Paragraph 5.6 shall be further modified under the following
circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
Ninety Five --------------------------------------- percent ( 95 %) of the Contract
Sum. less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and
5.7.2 Add, if I1nal completion of the Work is thereafter materi:llIy delayed through no fault of the Contractor, any additional
amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions.
5.8 Ikduction or limitation of retainage, if ;iny, shall be as follows:
(~r ii is int(,llclecl, f,riur to SlllJslalltial CUNlfJleli()1l of tbe entire \Furk, /0 reduce 01' limit [be r('l(linage resultill?!ro11l tbe percentages inserted ill Sub/lara-
J.!.rli!,/Js S. (,. I dud 5. (l, 2 a/JOl't', lInd !/.Jis is nol ('.\plainer! elseulbere ill/be C()}itract f)ucuments, ;l1serl bun.' pruoisiolls Jor sllcb reductiull ur lilJlitati(H!.)
None
AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT. TWELFTH EDITION. AIA<!J . @1987
TilE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A101-1987 4
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
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ARTICLE 6
FINAL PAYMENT
Final payment, constituting the cntire unpaid balance of the Contract Sum, shall bc made by the Owner to the Contractor when (I)
the Contract has been fully performed by the Contractor except for the Contractor's rcsponsibility to correct nonconforming
Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other rcquirements, if any, which necessarily
survive final paymcnt; and (2) a final Certificate for Payment has bcen issued by the Architect; such final payment shall be made by
thc O\vner not more than 30 days after the issuance of the Architect's final Certificate'for Payment, or ;l~ foll~~vs:
As Above
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Whcre refercnce is made in this Agreement to a provision of the General Conditions or another Contract Document, thc ref-
crencc refcrs t'o that provision as amended or supplemented by othcr 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 lcgal rate prevailing from time to time at the place where the Project is located.
(Insert rail' of ill/erest a.~reed UJ)()tl, II tiny.)
(1%) One Percent Per Month
(Usury laws and reqtdreml!llts touter tbe Federal Trutb ill Lendilll{ Act, similar stale and local COIlSli11wr credit/ClwS and a/ber rl!p,ulaliolls {/t (be Owner's CI11d
COIl/rac/or's /Jrinci/Ja/ places oj IJusiness, tbe location (~l the Project (lnd elsew/)cre 111ay {~D('(( tbe palidity 0/ 1I);s provision, Legal aduice should IJe olJtaiHed
witl} n!sjJecl to dele/lUlls ()t' ",()dlfic(lli()lI.~, (olll also r('g(ll'dill~ requ;,'emellIS suel) as written disclosures or waiuers.)
7.3 Other provisions:
None
ARTICLE 8
TERMINATION OR SUSPENSION
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREE~lENT . TWELFTH EDITION. AlA>!! . @19H7
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 20006
A101-1987 5
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
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ARTICLE 9
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AlA Document AI0l, 1987
Edition.
9.1.2
9.1.3
The General co~are the.Ge~1 CO[ldiloiPns of the Contract for Construction, AlA Document A201, 1987 Editiol}
A'll ~ ~ e._~. .
The Supplementary an other Con itlons of the Contract are those contained in the Project Manual dated
, and arc as follows:
April 30, 2002
Document
Title
Pages
'See Attachment "B"
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows:
(Iii/bel' list tbe Specificatiolls bere or refer /0 (Ill ex/JiIJit (lttacbed I(J Ibis Agreemellt.)
Section
Title
Pages
See Attachment "B"
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT' TWELFTH EDITION' AlA"' . @1987 .
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 20006
A101-1987 6
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subjecllo legal prosecution.
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9.1.5 The Drawings are as follows, and are dated
(hi/ber list the IJrrul'illgs bere ur n~/(!" to MI./ ex!.JihillilltlC/)(!(/ to Ibis A~n'cnll"Il.)
unless adiffcrent c1ale is shown below;
Number
See Attachment "e"
Title
Date
9.1.6 The addenda, if any, are as follows;
Number Date Pages
1 July 17, 2002 2
2 July 17, 2002 1
3 ,August 5, 2002 23
4 Augus t 7, 2002 1
5 August 8, 2002 7
6 August 9, 2002 1
7 August 15, 2002 2
Ponions of ;Iddencl:l relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are
also enumcratcd in this Article 9.
AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT. TWELFTH EDITION. AIAoo . @19H7
THE AMERICAN INSTITUTE OF ARCHITECTS. I T.\'i NEW YORK AVENUE, N.W" WASHINGTON, D.C. 20006
A101-1987 7
WARNING; Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
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9.1.7 Other documents, if any, forming part of the Contract Documents are as follows;
(List ben' allY additional documents wbiclJ are intended to Jorm part oj tbe Comraer Documellls. 71Je General Condit/oIlS prouide tbat bidding reqlliremems slIeb
as aduerlisemenl or jlluitalion /0 bid, Instructions to Bidders, sample forms and tbe Contractor's bid are not part oj tlJe Contract Documents unless enumerated
in tbis Agreemellt. Tbey slJOllld be listed bere ollly if imended to be part oj tbe Comraet Documents.)
N/A
ThiS Agreement is entered into as of the clay ancl.year first written above ancl is executed in at least three original copies of which
one is to be delivered to the ContractOr, one to the Architect for use in the administration of the Contract, and the remainder to the
Owner.
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(pE,:f!.~:d,;:!/-- sh etl-tt1hJ, Pc'1&S.
mrt UTI N: ou should sign an original AlA document which has this caution printed in red.
~ An original assures that changes will not be obscured as may occur when documents are reproduced.
AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT' TWELFTH EDITtON . AIA~ . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 20006
A101.1987 8
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
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ATTACHMENT "A"
FIRE STATION #19
AUGUSTA RICHMOND COUNTY
FIRE DEPARTMENT
Description
Original Bid
Negotiated Deducts
1 Change colored concrete to epoxy coating N/C
2 Delete concrete coating (general polymer) -6,900
3 Delete fire protection vault, utilize interior backflow preventor -5,100
4 Delete mortar net above flashing -1,800
5 Reduce soil testing allowance to $4,500 -3,000
6 Include other testing in above allowance -1 ,000
7 Change building stone under floor to 4" thick -1 ,400
8 Reduce millwork allowance from 40,000 to 30,000 -10,000
9 Delete temporary fence -1,080
10 Change acoustical tile from USG 1819 to USG Radar #2115 -1,014
11 Delete cast stone and utilize EIFS Styrene in its place -6,116
12 Delete conduit for low voltage wiring above ceiling -800
13 Various roofing modifications -11 ,1 00
14 Change ceramic to 2x2 floor and 4x4 walls, standard grout -2,000
15 Delete chain link fence around detention pond -1,900
16 Change the aluminum roof curbs to galvanized steel -300
17 Delete all duct liner beyond 5' down stream of air handling units -275
Change separated combustion unit heater to standard induced draft
18 type -600
Change glass-fab and mastic on insulation joints and seams to FSK
19 tape -200
20 Change P-9 & P-10 fixtures to 20 gauge SS -136
21 Change P-11 fixture to molded stone -184
22 Change P-16 fixture to 16 gauge SS -460
23 Change wall hydrants to Woodford #65 -60
24 Change aluminum top for oil/water separator to shop fabricated -1 ,250
CONTRACT SUM =1 $1.283.3251
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ATTACHMENT "B"
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
00220 - SUPPLEMENTARY INSTRUCTIONS TO BIDDERS
00410 - BID FORM
00500 - FORM OF AGREEMENT
00600 - BONDS AND CERTIFICATES
00700 - GENERAL CONDITIONS
00800 - SUPPLEMENTARY CONDITIONS
DIVISION 1 -- GENERAL REQUIREMENTS
01100 - PROJECT SUMMARY
01210 - ALLOWANCES
01230 - ALTERNATES
01300 - ADMINISTRATIVE REQUIREMENTS
01325 - CONSTRUCTION PROGRESS SCHEDULE
01330 - DELAYS AND TIME EXTENSIONS
01355 - ENVIRONMENTAL SURVEY
01500 - TEMPORARY FACILITIES AND CONTROLS
01600 - PRODUCT REQUIREMENTS
01780 - CLOSEOUT SUBMITTALS
DIVISION 2 -- SITE CONSTRUCTION
02200 - SITE PREPARATION
02310 - GRADING
2126 I Augusta/Richmond County Fire Station #19
00010 - 1
TABLE OF CONTENTS
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02315 - EXCAVATION
02316 - FILL AND BACKFILL
02317 - TRENCHING FOR SITE UTILITIES
02318 - ROCK REMOVAL
02361 - SOIL TREATMENT FOR TERMITE CONTROL
02373 - RIPRAP
02441 -IRRIGATION SYSTEM
02485 - SEEDING
02487 - SODDING
02490 - TREES, PLANTS AND GROUND COVERS
02510 - WATER DISTRIBUTION
02515 - DISINFECTION OF WATER DISTRIBUTION SYSTEMS
02535 - SANITARY SEWER PIPING
02540 - SEPTIC TANK SYSTEM
02635 - STORM DRAINAGE PIPING
02741 - BITUMINOUS CONCRETE PAVING
02751 - PORTLAND CEMENT CONCRETE PAVING
02821 - CHAINLlNK FENCES AND GATES
02843 - PARKING BUMPERS
DIVISION 3 -- CONCRETE
03051 - CONCRETE COLOR ADDITIVE
03300 - CAST -IN-PLACE CONCRETE
03356 - CONCRETE FLOOR FINISHING
DIVISION 4 -- MASONRY
04065 - MORTAR AND MASONRY GROUT
04080 - HORIZONTAL MASONRY JOINT REINFORCEMENT SYSTEMS
04082 - CAVITY WALL DRAINAGE SYSTEM.
04210 - BRICK MASONRY UNITS
04220 - CONCRETE MASONRY UNITS
04720 - ARCHITECTURAL CAST STONE
2126/ Augusta/Richmond County Fire Station #19
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TABLE OF CONTENTS
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DIVISION 5 -- METALS
05120 - STRUCTURAL STEEL
05210 - STEEL JOISTS
05310 - STEEL DECK
05400 - COLD FORMED METAL FRAMING
05500 - METAL FABRICATIONS
DIVISION 6 -- WOOD AND PLASTICS
06067 - HIGH PRESSURE DECORATIVE LAMINATES
06100 - ROUGH CARPENTRY
06200 - FINISH CARPENTRY
06410 - CUSTOM CABINETS
DIVISION 7 -- THERMAL AND MOISTURE PROTECTION
07115 - BITUMINOUS DAMPPROOFING
07210 - FIBERGLASS INSULATION
07212 - CAVITY WALLBOARD INSULATION
07214 - FOAMED-IN-PLACE INSULATION
07216 - LOOSE FILL INSULATION
07222 - ROOF BOARD INSULATION
07261 - WEATHER RESISTANT MEMBRANE (TYVEK "STUCCOWRAP")
07262 - VAPOR RETARDER MEMBRANE
07550 - MODIFIED BITUMEN ROOFING
07610 - METAL ROOFING
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
2126/ Augusta/Richmond County Fire Station #19
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08205 - VINYL INSULATED STEEL ENTRY DOORS
08360 - ALUMINUM SECTIONAL DOORS
08410 - ALUMINUM-FRAMED STOREFRONTS
08568 - VINYL WINDOWS
08710 - DOOR HARDWARE
08800 - GLAZING
DIVISION 9 -- FINISHES
09205 - DIAMOND MESH METAL LATH
09220 - PORTLAND CEMENT PLASTER (STUCCO)
09260 - GYPSUM BOARD ASSEMBLIES
09261 - EXTERIOR GYPSUM BOARD SHEATHING - FIBERGLASS REINFORCED
09300 - PORCELAIN TILE
09511 - SUSPENDED ACOUSTICAL CEILINGS
09650 - RESILIENT FLOORING
09680 - CARPET
09900 - PAINTS AND COATINGS
DIVISION 10 -- SPECIALTIES
10100 - VISUAL DISPLAY BOARDS
10170 - PLASTIC TOILET COMPARTMENTS
10350 - FLAGPOLES
10420 - METAL BUILDING LETTERS
10421 - METAL PLAQUE
10441 - PLASTIC SIGNS
10500 - LOCKERS
10523 - FIRE EXTINGUISHERS, CABINETS AND ACCESSORIES
10530 - PROTECTIVE COVERS
10800 - TOILET, BATH, AND LAUNDRY ACCESSORIES
DIVISION 11 -- EQUIPMENT
11005 - MISCELLANEOUS EQUIPMENT
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TABLE OF CONTENTS
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DIVISION 12 -- FURNISHINGS - NOT USED
DIVISION 13 -- SPECIAL CONSTRUCTION - NOT USED
DIVISION 14 -- CONVEYING SYSTEMS - NOT USED
DIVISION 15 -- MECHANICAL
15050 - GENERAL PROVISIONS
15051 - CODES, PERMITS & INSPECTION
15090 - MECHANICAL SUPPORTING DEVICES
15100 - VALVES
15140 - PUMPS
15200 - VIBRATION & SOUND CONTROL
15250 - MECHANICAL SYSTEMS INSULATION
15311 - COMPRESSED AIR SYSTEM
15350 - NATURAL GAS SYSTEM
15351 - L. P. GAS SYSTEM
15401 - DOMESTIC WATER SYSTEMS
15405 - SOIL, WASTE, VENT & ROOF DRAIN SYSTEMS
154.24 - WATER HEATERS & ACCESSORIES
15450 - PLUMBING FIXTURES & ACCESSORIES
15501 - AUTOMATIC SPRINKLER SYSTEM
15661 - AIR-COOLED CONDENSING UNIT
15701 - PIPING FOR MECHANICAL SYSTEMS
15764 - UPFLOW GAS FURNACE & COOLING COIL
15795 - ELECTRIC HEATERS & HEAT TAPE
15815 - GAS FIRED UNIT HEATER
15820 - FANS
15840 - AIR DISTRIBUTION SYSTEM
15851 - VEHICULAR EXHAUST REMOVAL SYSTEM(S)
15889 - RANGE HOOD VENTILATING SYSTEM
15900 - HV AC CONCTROLS
DIVISION 16 - ELECTRICAL
21261 Augusta/Richmond County Fire Slation #19
00010-5
TABLE OF CONTENTS
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16000 - GENERAL
16010 - LIGHTING POWER & PANELBOARDS
16015 - FUSES
16020 - RACEWAYS
16030 - CONDUCTORS
16040 - OUTLETS
16050 - WIRING DEVICES & DEVICE PLATES
16060 - LIGHTING FIXTURES & LAMPS
16070 - DISCONNECT SWITCHES
16090 - PHOTO CONTROL & CONT ACTOR
16100 - PULL BOXES & JUNCTION BOXES & FITTINGS
16110 - GROUNDING
16120 - EQUIPMENT INDENTIFICATION
16130 - DATANOICE CONDUIT & OUTLET SYSTEM
16140 - FIRE ALARM SYSTEM
16150 - CLOCKS
16160 - TRANSIENT VOLTAGE SURGE SUPPRESSOR
16190 - ENGINE GENERATOR SET
16220 - CONSTRUCTION REVIEWS, INSPECTION & TESTING
END OF TABLE OF CONTENTS
2126/ Augusta/Richmond County Fire Station #19
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TABLE OF CONTENTS
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ATTACHMENT "C"
SECTION 00015
LIST OF DRAWINGS
COVER
CO.1 BOUNDARY, TOPO & DEMOLITION
C1.1 SITE LAYOUT & UTILITY PLAN
C2.1 GRADING, DRAINAGE & S.E.S.C. PLAN
C2.2 S.E.S.C. NOTES & DETAILS
C3.1 MISC. PROFILES
C4.1 MISC. DETAILS
C4.2 MISC. DETAILS
C4.3 MISC. DETAILS
L1.1 LANDSCAPING PLAN
L2.1 IRRIGATION PLAN
L3.1 MISC. DETAILS
A1.1 FLOOR PLAN
A2.1 ELEVATIONS
A2.2 CAST STONE DETAILS
A3.1 CROSS SECTIONS
A4.1 WALL SECTIONS
A4.2 WALL SECTIONS
A5.1 ROOF PLAN
A5.2 ROOF DETAILS
A6.1 FINISHES, DOORS AND WINDOWS
A6.2 DOOR AND WINDOW DETAILS
A7.1 REFLECTED CEILING PLAN
A8.1 MILLWORK
A8.2 MILLWORK
A9.1 ENLARGED PLANS
A9.2 ENLARGED PLANS
A10.1 CANOPY PLANS & DETAILS
A11.1 SIGN DETAILS
S1.0 GENERAL NOTES
2126/ Augusta/Richmond County Fire Station #19
00015 - 1
LIST OF DRAWINGS
Page 1 of 2
.. -. .',..
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S2.1 FOUNDATION AND SLAB PLAN
S2.2 ROOF FRAMING PLAN
S3.1 CONCRETE DETAILS
S4.1 MASONRY DETAILS
S5.1 STEEL DETAILS (1 OF 2)
S5.2 STEEL DETAILS (2 OF 2)
P1.1 PLUMBIN~ WATER & GAS PLAN
P1.2 PLUMBING WASTE & VENT PLAN
P1.3 PLUMBING DETAIL PLAN
FP1.1 FIRE PROTECTION PLAN
M1.1 HV AC PLAN
M1.2 VEHICLE EXHAUST PLAN
M2.1 HVAC DETAILS
M2.2 HVAC DETAILS AND SCHEDULES
E1.1 FIXTURES SCHEDULE & LEGEND
E2.1 ELECTRICAL SITE PLAN
E3.1 LIGHTING PLAN
E4.1 POWER PLAN
E5.1 SYSTEMS PLAN
E6.1 POWER RISER DIAGRAM & PANELBOARDS
E7.1 DETAILS
END OF LIST OF DRAWINGS
21261 AugustalRichmond County Fire Station #19
00015 - 2
LIST OF DRAWINGS
Page 2 of 2
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T H -E
AMERICAN
INSTITUTE
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A/A Document A201
General Conditions of the Contract
for Construction
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION
WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION
1987 EDITION
1 ABLE OF ARTICLES
1. GENERAL PROVISIONS
8. TIME
2. OWNER
9. PAYMENTS AND COMPLETION
3. CONTRACTOR
10. PROTECTION OF PERSONS AND PROPERTY
4. ADMINISTRATION OF THE CONTRACT
11. INSURANCE AND BONDS
5, SUBCONTRACTORS
6. CONSTRUCTION 'BY OWNER OR BY
SEPARATE CONTRACTORS
12. UNCOVERING AND CORRECTION OF WORK
13. MISCELLANEOUS PROVISIONS
7, CHANGES IN THE WORK
14. TERMINATION OR SUSPENSION OF THE
CONTRACT
This document has been approved and endorsed by the Associated General Contractors of America,
Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963,1966, 1967, 1970, 1976, @ 1987 by The American Institute of Architects, 1735
New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecutions.
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDlTION
AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A201.1987 1
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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
AccesstoWork........................... 3.16,6.2.1,12.1
Accident Prevention. . . . . . . . . . . . . . . . . . . . . . . . . . 4.2.3,10
Acts and Omissions .. 3.2.1,3.2.2,3.3.2,3.12.8,3. 18,4.2.3,4.3.2,
4.3.9,8.3.1,10.1.4,10,2.5,13.4.2,13.7,14.1
Addenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.1.1,3.11
Additional Cost, Claims for. .... ... 4.3.6,4.3.7,4.3.9,6.1.1,10.3
Additional Inspections and Testing. . . . . .. 4.2.6,9.8.2, 12.2.1, 13.5
Additional Time, Claims for. . . . . . . . . . . .. 4.3.6,4.3.8,4.3.9,8.3.2
ADMINISTRATION OF THE CONTRACT. . . . . .. 3.3:>,4,9.4,9.5
Advertisement or Invitation to Bid. . . . . . . . . . . . . . .. ..... 1.1.1
AestheticEffect.............. ........... 4.2.13;4.5.1
Allowances .. . . . . . . . . . . . . . . . . . . . . , . . . . . . . . , . . .. 3.8
All-risk 1nsllrance . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . .. 11.3.1.1
Appllcallons for Payment,. 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3,
9.8.3,9.10.1,9.10.3,9.10.4,11.1.3,14.2.4
Approvals. .. 2.4,3.3.3,3.5,3.10.2,3.12.4 through 3.12.8, 3.18.3,
4.2.7,9.3.2,11.3.1.4,13.4.2,13.5
Arbitration. . . . . . . .. 4.1.4,4.3.2,4.3.4,4.4.4,4.5,
8.~).1, 10.1.2, 11.3.9,11.3.10
Architect . . . . . . . . . . . . 4.1
Architect, Definition of. . . . . . . . . . . . . . . . . , . . . .. 4.1.1
Architect, Extent of Authority. 2.4,3.12.6,4.2,4.3.2,4.3.6,
4.4, 5.2, 6.3, 7.1.2, 7.2.1, 7.3.6, 7.4,9.2,9.3.1,
9.4,9.5,9.6.3,9.8.2,9.8.3,9.10.1,9.10.3,12.1,12.2.1:
13.5.1,13.5.2,14.2.2,14.2.4
Architect, Limitations of AlIthority and Responsibility. 3.3,3,3. 12.8,
3.12.11,4.1.2,4.2.1,4.2.2,4.2.3,4.2.6,4.2.7, 4.2.10, 4.2.12,
4.2.13, 4.3.2, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6
Architect's Additional Services and Expenses. . . . , . . . .. 2.4,9.8.2,
11.3.1.1,12.2.1,12.2.4,13.5.2,13.5.3,14.2.4
Architect's Administration of the Contract. . . . . . . . .. 4.2,4.3.6,
4.3.7,4,4,9.4,9.5
Architect's Approvals 2.4,3.5.1,3.10.2,3.12.6,3.12.8, :l..18.3, 4.2.7
Architect's Authority to Reject Work. . .. 3.5.1,4.2.6, 12.1.2, 12.2.1
Architect's Copyright ..,..................... 1.3
Architect's Decisions, ... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,
4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 736, 7.3.8, 8.1.3, 8.3.1,
9.2,9.4,9.5.1,9.8.2,9.9.1,10.1.2,15.5.2,14.2.2,14.2.4
Architect's Inspections. . . . 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2,
9.92,9.10.1, 13.5
Architect's Instructions .. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1,12.1,13.5.2
Architect's Interpretations. . 4.2.11,4.2.12,4.3.7
Architect's On-Site Observations. . . .. 4.2.2,4.2.5,4.3.6,9.4.2,
. 9.5.1,9.10.1,13.5
Architect's Project Representative .. . . . . . . . . . 4.2.10
Architect's Re!:ltionship with Contractor 1.1.2,3.2. r, 3.2.2,
:).3.3., :).5.1,3.7.3, 3.11, 3.12.8, 3.12.11, 3.16, 3.18, 4.2.3, 4.2.4,
4.2.6,4.2.12,5.2,6.2.2,7.3.4,9.8.2,11.3.7,12.1,13.5
Architect's Relationship with Subcontractors. . .. 1.1.2,4.2.3,4.2.4,
4.2.6, 9.6.3, 9.6.4, 11.3.7
Architect's Representations .............. 9.4.2,9.5.1,9.10.1
Architect's Site Visits. 4.2.2,4.2.5,4.2.9,4,3.6,9.4.2,9.5.1,
9.8.2,9.9.2,9.10.1,13.5
Asbestos . . . . . . .. ........ 10.1
Attorneys'Fees... ........ 3.18.1,9.10.2,10.1.4
A ward ()f Separate Contr3cts. . . . . . . . . . . . . 6.1.1
Award of Subcontracts and Other Contracts for
Portions of the Work . . . . . . . . . . . 5.2
Basic Definitions . . . . . . . . . . . . . . . . . . . . . 1.1
Bidding Requirements. . . . . . 1.1.1, 1.1.7,5.2.1,11.4.1
Boller and Machinery Insurance . . . . .. 11.3.2
Bonds, Lien .. . . . . . . . . . . . . . . . 9.10.2
Bonds, Perfonnance and Payment. . .. 7.3.6.4,9.10.3, 11.3.9, 1'1.4
INDEX
Building Permit .............................,...... 3.7.1
Capitalization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.4
Certificate of Substantial Completion. , . . . . . . . . . . . . . . . . .. 9.8.2
Certificates for Payment. . . , . .. 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6,1,
9.6.6,9.7.1,9.8.3,9.10.1,9.10.3, 13.7, 14.1.1.3, 14.2.4
Certificates of Inspection, Testing or Approval. . . .. 3.12. 11, 13.5.4
Certificatesoflnsmance ..................9.3,2,9.10.2,11.1.3
Change Orders. . . . .. 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8,4.3.'3,5.2.3,
7.1,7.2,7,3.2,8.3.1,9.3,1.1,9.10.3,11.3.1.2,
11.3.4, 11.3.9, 12.1.2
Change Orders, Definition of .... ................. 7.2.1
Changes. . . . , , . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . .. 7.1
CHANGES IN THE WORK .... 3.11,4.2.8,7,8.3.1,9.3.1.1,10.1.3
Claim, Definition of. . . , . . . . . . . , . . . . . . . .. . . . . . . . . . . .. 4.3.1
Claims and Disputes. . . . . . . . . . . . , . .. 4.3,4.4,4.5,6.2.5,8.3.2,
9.3.1.2,9.3.3,9.10.4, 10.1.4
Claims and Timely Assertion of Claims ................ 4.5.6
Claims for Additional Cost. . . . . . ., 4.3.6,4.3.7,4.3.9,6.1.1,10.3
Claims for Additional Time. . . . . . . . . . ., 4.3.6,4.3.8,4.3.9,8.3.2
Claims for Concealed or Unknown CondItions. . . . . . . . 4.3.6
Claims for Damages.. .3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2,10.1.4
Claims Subject to Arbitration. . . . . . . . . , . . . . . .. 4.3.2,4.4.4,4.5.1
Cleaning Up ................ . . . . . . . . . . .. 3.15,6.3
Commencement of Statutory Limitation Period .......... 13.7
Commencement of the Work, Conditions Relating to . . . . 2.1.2,
. 2.2.1,3.2.1,3.2,2,3.7,1,3,10.1,3.12.6,4.3.7,5.2.1,
6.2.2,8.1.2,8.2.2, 9.2, 11.1.3, 11.3.6, ] 1.4.1
Commencement of the Work, Definition of. . . . . . . . . . .. 8.'1.2
Communications Facilitating Contract
Administration ......................., 3.9.1,4.2.4,5.2.1
Completion, Conditions Rel;Hing to . . . . .. 3.11,3.15,4.2.2,4.2.9,
4.3.2,9.4.2,9.8,9.9.1,9.10,11.3.5,12.2.2,13.7.1
COMPLETION, PAYMENTS AND. . . . . . . . . . . . . . . . . . . . . . . .. 9
Completion, Substantial. . . , . . . .. 4.2.9,4.3.5,2,8.1.1,8.1.3,8.2.3,
9.8,9.9,1,12.2.2,13.7
Compliance with Laws ...... 1.3,3.6,3.7,3.13,4.1.1,10.2.2,11.1,
11.3,13.1,13.5.1,13.5.2,13.6,14.1.1,14.2.1.3
Concealed or Unknown Conditions. . . . . . . . . . . . . .. 4.3.6
Conditions of the Contract ......... 1.1.1,1.1.7,6.1.1
Consent, Written................. 1.3.1,3.12.8,3.14.2,4.1.2,
4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3,10.1.2, 10.1.3,
11.3.1,11.3.1.4,11.3.11,13.2,13.4,2
CONSTRUCTION BY OWNER OR BY SEPARATE
CONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.1.4,6
Construction Ch3nge Directive, Del1nition of. . .. 7.3.1
Construction Change Directives .... 1.1.1,4.2.8,7.1,7.3,9.3.1.1
Construction Schedules, Contractor's. . . . . . . .. ..... 3.10,6.1.3
Contingent Assignment of Subcontracts .............. 5.4
Continuing Contract Performance . . . . . . .. ........... 4.3.4
Contract, Definition of . . . . . , . . . . . . . . . . . . . . . . . . . . . . ,. 1.1.2
CONTRACT, TERMINATION OR
SUSPENSION OFTHE .................. 4.3,7,5.4.1.1,14
Contract Administration. . . . . . . . . . . .. ....... 3.3.3,4,9.4,9.5
Contract Award and Execution, Conditions Relating to. . . .. 3.7.1,
3.10,5.2,9.2, 11.1.3, 11.3.6, 11.4.1
Contract Documents, The.... ........,. 1.1,1.2,7
Contract Documents, Copies Furnished and Use of. .. 1.3,2.2.5, 5.3
Contract Documents, Del1nition of . . . . . . . . . . . . . . . . . . . .. 1.1.1
Contract Performance During Arbitration. . . . . . . . . . 4.3.4,4.5.3
Contract Sum. . . . .. ............ 3.8,4.3.6,4,3.7,4.4.4,5.2.3,
6.1.3,7.2,7.3,9.1,97,11.3.1,12.2.4,12.3,14.2.4
Contract Sum, Definition of. . . . . . . . . . . . . . . . . . . . . .. .... 9.1
Contract Time. ... ... .. ..... . .. 4.:,.6,4.3.8,4.4.4,7.2.1.3,7.3,
8.2.1,8.3.1,9.7,12.1.1
Contract Time, Definition of.. .................. ..... 8.1.1
2 A201-1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF HIE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA'" . @1987 THE AMERICAN tNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2l1l1IJ6
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CONTRACTOR . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Contractor, Definition of . . . . . . . . . , '.' . . .. . . . 3.1,6.1.2
Contractor's Bid. . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . .. 1.1.1
Contractor's Construction Schedules. . . . . . . . . . . . .3.10, 6.1.3
Contractor's Employees. . . . . " 3.3.2,3.4,2,3.8.1,3.9,3.18,4.2.3,
4.2.6,8.1.2,10.2,10.3,11.1.1,14.2.1.1
Contractor's Liability Insurance. . . . . . . . . . . . . . . . . . . . . .. 11.1
Contractor's Relationship with Separate Contractors
and Owner's Forces ...... 2.2.6,3.12.5,3.14.2,4.2.4,6,12.2.5
Contractor's Relationship with Subcontractors . . . . . .. 1.2.4,3.3.2,
3.18.1,3.18.2,5.2,5.3,5.4,9.6.2,11.3.7,11.3.8,14.2.1.2
Contractor's Relationship with the Architect. . .. 1.1.2,3.2.1,3.2.2,
3.3.3,3.5.1,3.7.3,3.11,31283.16,3.18,4.2.3,4.2.4,4.26,
4.2.12,5.2,6.2.2,7.3.4,9.8.2,11.3.7,12.1,13.5
Contractor's Representations.. 1.2.2,3.5.\,3.12.7,6.2.2,8.2, 1,9.3.3
Contractor's Responsibility for Those
Performing the Work ........ 3.3.2,3.18,4.2.3,10
Contractor's Review of Contract Documents. . . . .. J .2.2,3.2,3.7.3
Contractor's Right to Stop the \'('ork . . . . . . . .. 9.7
Contractor's Right to Terminate the Contract . . . . . 14.1
Contractor'sSubmittals....... 3.10,3.1\,3.12,4.2.7,5.2.\,5.2,3,
7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9,10.2,
9.10.3,10.1.2,11.4.2,11.4.3
Contractor's Superintendent. . . . . . . . . . . . . . . . . . . . .. 3.9,10.2.6
Contractor's Supervision and Construction Procedures. 1.2.4,
3,3,3.4,4.2.3,8.2.2,8.2.3,10
Contractual Liability Insurance. ......:.....,... 11.1.1.7,11.2,1
Coordination and Correlation ............... 1.2.2,1.2.4,3.3.1,
3.10,3.12.7,6.1.3,6.2.1
Copies Furnished of Drawings and Specifications. .. 1.3,2.2.5,3.11
Correction of Work . . . . . . . . . . . . .. 2.3,2.4,4.2.1,9.8.2,
9.9.1,12.1.2,12.2,13.71.3
Cost, Definition of . . . . . , . . . . . . . . , . . . . . . : .. '" 7.3.6, 14.3.5
Costs. . ,. 2.4,3.2.1,3.7.4,3.8.2,3.15.2,4.3.6,4.3.7,4.3.8.1, 5.2.3,
6.1.1,6.2.3,6.3,7.3.3.3,7.3.6,7.3.7,9.7,9.8.2, 9.10.2,11.3.1.2,
11.3.1.3, 11.3.4,11.3.9,12.1,12.2.1,12.2.4,12.2.5,13.5,14
Cutting and Patching. . . . . . . . . . . . . . . . . . . . . , . . . ., 3.14, 6.2.6
Damage to Construction of Owner or Separate Contractors 3.14.2,
6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 122.5
Damage to the Work. . 3.14.2,9.9.1, 10.2.1.2, 10.2.5, I 0.3, 11.:~
Damages, Claims for. 3.18,4.3.9,6.1.1,6.2.5,8:3.2,9.5.1.2, 10.1.4
Damages for Delay. . . . . . . . . . . ., 6.1.1,8.3.3,9.5.] .6,9.7
Date of Commencement of the Work, Definition of . . . . 8.1.2
Date of Substantial Completion, Definition 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,
4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3, 8.3.1, 9.2,
9.4,9.5.1,9.8.2,9.9.1,10.1.2,13.5.2,14.2.2,14.2.4
Decisions to Withhold Certification. . . . . . . . .. 9.5,9.7,14.1.1.3
Defective or Nonconforming Work, Acceptance,
Rejection and Correction of . . . . . . 2.3,2.4,3.5.1,4.2.1,
42.6,4.3.5,9.5.2,9.8.2,9.9.1, 10.2.5, ]2, 13.7.1.3
Defective Work, Definition of . . . . . . . . . . . .. 3.5.1
Definitions. .. ... 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2; 3.12.3, 4.1.1,
_ 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1,9.1,9.8.1
Delays and Extensions of Time. . . . . . 4.3.1,4.3.8.1,4.3.8.2,
6.1.1,6.2.3,7.2.1,7.3.1,7.3.4,7.3.5,.7.3.8,
7.3.9, 8.1.1, 8,3, U).3.1, 14.1.1.4
Disputes.. .. . .. 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.5.8, 9.::U.2
Documents and Samples at the Site. . . . . . . . . . . . . . .'. . . . . .. 3.11
Drawings, Definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.1.5
Drawings ;m(\ Specifications, Use and Ownership of. ] .1.1, 1.3,
2.2.5, :~.11, 5.3
Duty to Review Contract Documents and Field Conditions. . . .. 3.2
Effective Date of Insurance . ... . ... . . . ... ... ... .. 8.2.2,11.1.2
Emergencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.3.7,10.3
Employees, Contractor's. . . . 3.3,2,3.4.2,3.8.1,3.9,3.18.1,
3.18.2,4.2.3,4.2.6,8.1.2, 10.2,10.3,11.1.1,14.2.1.1
Equipment, Labor, Materials and. . . . . . . , .. 1.1.3, 1.1.6,3.4,3.5.1,
3,8.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7,
6.2.1,7.3.6,9.3,2,9.3.3,11.3, ]2.2.4,14
Execution and Progress of the Work ....... 1.1.3,1.2.3,3.2,3.4.1,
, 3.5.1,4.2.2,4.2.3,4.3.4,4.3.8,6.2.2,7.1.3,
7.3.9,8.2,8.3,9.5, 9.9.1, 10.2, 14.2, 14.3
Execution, Correlation and Intent of the
Contract Documents. . . . . . . . . . . . . . . . . . . . . . . . ,. 1.2,3.7.1
Extensions of Time .... ...... ... 4.3,1,4.3.8,7.2.1.3, 8.3, 10.:~.1
Failure of Payment by Contractor .............. 9.5.1.3,14.2.1.2
Failure of Payment by Owner ................ 4.3.7,9.7,14.1.3
Faulty Work (See Defective or Nonconforming Work)
Final Completion and Final Payment ........ 4.2.1,4.2.9,4.3.2,
4.3.'5,9.10, 11.1.2,11.1.3, 11.3.5, 12.3.1,13.7
Financial Arrangements, Owner's. . . . . . . . . . . . . . . .. 2.2.1
Fire and Extended Coverage Insurance . . . . . . . . . 11.3
GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . 1
Governing Law ........................ .. ... 13.1
Guarantees (See Warranty and Warranties)
Hazardous Materials. . . . . . . . . . . . . . . . . 10.1, 10.2.4
Identification of Contract Documents ..,................ 1.2.1
Identification of Subcontractors and Suppliers. . . . . . . . . . .. 5.2.]
Indemnification.... . 3.17,3.18,9.10.2,10.1.4,11.3.1.2, 11.:'U
Information and Services Required of the Owner. . . .. 2.1.2,2.2,
43.4,6.1.3,6.1.4,6.2,6,9.3.2,9.6.1,9.6.4,9.8.3,9.9.2,
9.10.3,10.1.4,11.2, 11.3, U.5.1, 13.5.2
Injury or Damage to Person or Property. . . . , . . . . . . . . . .. 4.3.9
Inspections.,....................... 3.3.3, 3.3.4, :~.7.1, 4.2,2,
. 4.2.6, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5
Instructions to Bidders. . . . . . . . . . . . . . . . . .. 1.1.1
Instructions to the Contractor. . .. 3.8.1,4.2.8, 5.2.1, 7, 12.1, 13.5.2
,Insurance..... .. 4.3.9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.10.2,11
Insurance, Boller and Machinery . . . . . . . . . . . . . .. 11.3.2
Insurance, Contractor's Liability . . . . . . . . . . . . . . . . . . . . .. 11.1
Insurance, Effective Date of .. . . . . . . . . . . . . . . . . . .. 8.2.2, 11.1.2
Insurance, Loss of Use. . . . . . . . . . . . . . . . . 11.:~.3
Insurance, Owner's Liability. . .. 11.2
Insurance, Property.. ... 10.2.5,11.3
Insurance, Stored Materials .................... 9.3.2, 11.3.1.4
INSURANCE AND BONDS . . . . . . . . . . . . . . . . . . . . . .. 11
Insurance Companies, Consent to Partial OccuP:lllcy . .9.').1, 11.3.1 ]
Insurance Companies, Settlement with. . . . ... . . . . . . . . . .. 11.3.10
Intent of the Contract Documents.. . .. . . . . ... 1.2.3, :~.12.4,
4,2.6,4.2.7,4.2.12,4.2. U, 7.4
Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13.6
Interpretation. . . . . . .. 1.2.5, 1.4,1.5,4.1.1, 4.:U, 5.1,6.1.2,8.1.4
Interpretations, Written...... . .. ........ 4.2.11,4.2.12,4.3.7
Joinder and Consolidation of Claims Required. . . . . . . . . . . .. 4.5.6
Judgment on Final Award. . . . . . . . . . . . . . .. 4.5.1,4.5.4.1,4.5.7
Labor and Materials, Equipment . 1.1.:~, 1.1.6,3.4,3.5.1,3.8.2,
3.]2.2,3.12.3,3.12.7,3.12.11, 3.U, 3.15.1,
4.2.7,6.2.1, 7.3.6, ').3.2, 9.33, 12.2.4, 14
Labor Disputes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8.3.1
LawsandRegulatiuns ....... 1.3,3.6,3.7,3.U,4.1.1,4.5.5,4.5.7,
9.91,10.2.2,11.1, ] 1.3,13.1,13.4, n.5.1, 13.'5.2, 13.6
Liens. . . . . . . . . . . . . . . . .. 2,1.2,4.3.2, 4.:n.l, 8.2.2, 9.3.3, 9.10.2
Limitation on Consolidation or Joinder ................ 4.5,5
Limitations, Statutes of . . . . . . . . . . . . . . . . .. 4.5.4.2,12.2.6,13.7
Limitations of Authority. . . . . . . . . . . . . . . .. 3.3.1,4.1.2,4.2.1,
4.2.3,4.2.7,4.2.10,5.2.2,5.2.4, 7.4, 11.3.)(J
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA'!> . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 17;\5 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A201-1987 3
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LimitatlonsofLiability .. ... 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.11,
3.17,3.18,4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4,9.10.4,
10,1.4,10.2.5,11.1.2,11.2.1,11.3.7,13.4.2,13.5.2
Limitations of Time, General ........... 2.2.1,2.2.4,3.2.1,3,7.3,
3,8,2,3.10,3.12.5,3.15.1,4.2.1,4.2.7,4,2,11,4.3.2,
4.3.3,4.3.4,4.3.6,4.3.9,4.5.4.2,5.2.1,5.2.3,6.2.4, 7.3.4, 7.4,
8.2,9.5,9.6.2,9.8,9.9,9.10,11.1.3,11.3.1,11.3.2,11.3.5,
11.3.6,12.2.1,12.2.2,13.5,13.7
Limitations of Time, Specific ........, 2.1.2,2.2.1,2.4,3.10,3.11,
3,15.1,4.2.1,4.2,11,4.3,4.4,4.5,5.3,5.4,7.3.5, 7.3.9, 8.2,
9.2,9.3.1,9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2, 11.1.3, 11.3.6,
11.3.10,11.3.11,12.2.2,12.2.4,12.2.6,13.7,14
Loss of Use Insurance . . . . . . . . . . . . . .. 11.3.3
Material Suppliers ... ...... 1.3.1,3.12.1,4.2.4,4.2.6,5.2.1,
9.3.1,9.3.1.2,9.3.3,9.4.2,9.6.5,9.10.4
Materials, Hazardous... ... ... ... . .. .. .. .. ...... 10.1,10.2.4
Materials, Labor, Equipment and. ... 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,
3,12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7,6.2.1,
7.3.6,9.3.2,93.3,12.2.4,14
Means, Methods, Techniques, Sequences and
Procedures of Construction . . . . . . . . .. 3.3.1,4.2.3,4,2.7,9.4.2
Minor Changes In the Work. . . . . . . . .. 1.1.1,4.2.8,4.3.7,7.1,7.4
MISCELLANEOUS PROVISIONS. . . . . . . . . . . . . . . . . . . . . . .. 13
Modifications, Definition of . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.1.1
Modifications to the Contract.. .. .... .. 1.1.1,1.1.2,3,7.3,3.11,
4.1.2,4.2.1,5.2.3,7,8.3.1,9.7
Mutual ResponsIbility . . . . . . , . . . . . . . . . . . . . . . . . . . . . , . .. 6.2
Nonconforming Work, Acceptance of . . . . . . . . . . . . . .. 12.3
Nonconforming Work, Rejection and Correction of . . . . . , . - 2.3.1,
4.3.5,9.5.2,9.8.2, 12, 13.7.1.3
Notice.. ... . . ... . .. 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3,12.8,
3.12.9,3.17,4.3,4.4.4,4.5.5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,
9.5.1,9.6.1,9.7,9.10, ]0.1.2, ]0.2.6, 11.1.3, 11.3, 12.2.2,
12.2.4,13.3,13.5.1,13.5.2,14
Notice, Written .............. 2.3,2.4,3.9,3.12.8,3.12.9,4.3,
4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10,
10.1.2,10.2.6,11.1.3,11.3,12.2.2,12.2.4,13.3,13.5.2,14
Notice of Testing and Inspections. . . 13.5.1, 13.5.2
Notice to Proceed. . . . . . . . . . . . . . . . . . . . .. 8.2.2
Notices, Permits, Fees and ...... 2.2.3,3.7,3.13,7.3.6.4, 10.2.2
Observations, Architect's On.Site ................. 4.2.2,4.2.5,
4.3.6,9.4.2,9.5.1,9.10.1,13.5
Observations, Contractor's. . . . . . . . . . . . . . . . . .. 1.2.2,3.2.2
Occupancy.............. ..... 9.6.6,9.8.1,9.9, ]1.3.11
On.Site Inspections by the Architect, . . . . . . . .. 4.2.2,4.2.9,4.3.6,
9.4.2, 9.8.2, 9.9.2, 9.10.1
On.Site Observations by the Architect. . . . . . . .. 4.2.2,4.2.5,4.3.6,
9.4.2,9.5.1,9.10.1,13.5
Orders, Written... 2.:'>,3.9,4.3.7,7,8.2.2,11.3.9,12.1,
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, 4.3.4, 6, 9,10.1.4,11.2,11.3,13.5.1,14.1.1.5,14.1.3
Owner's Authority .. . . . 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.1,
7.3.1,8.2.2,9.3.1,9.3.2,11.4.1,12.2.4,13.5,2, 14.2, 14.3.1
Owner's Financial Capability. .. ......... 2.2.1,14.1.1.5
Owner's Liability Insurance. . . . . . . . . . . . . . . . .. 11.2
Owner's Loss of Use Insurance. . 11.3,3
Owner's Relationship with Subcontractors. . . . . . . . .. 1.1.2,
5.2.1,5.4.1,9.6.4
Owner's Right to C;my 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. . . . . . . . , . . . . . . . , .. 2.3,4.3.7
Owner's Right to Suspend the Work ..................... 14.3
Owner's Right to Terminate the Contract. . . . . . , , . , , . . . . .. 14.2
Ownership and Use' of Architect's Drawings, Specifications
and Other Documents .............,.. 1.1.1,.1.3,2.2,5,5.3
Partial Occupancy or Use . . . . , , . . . . . . . , . .. 9.6.6,9.9, 11.3.11
Patchlng,Cuttlngand...,...................... 3.14,6.2.6
Patents, Royalties and ............ .........,...,... 3.17
Payment, Applications for. . . . . . . . . . . . . . .. 4.2.5,9.2,9.3,9.4,
9.5.1,9.8.3,9.10.1,9,10.3,9.10.4,14,2.4
Payment, Certificates for. . . . . . . . . .. 4.2.5,4.2.9,9.3.3,9.4,9.5,
9.6.1,9.6.6,9.7.1,9.8.3,9.10.1,9.10.3,13.7, 14.1.1.3, 14.2.4
Payment,Fallureof..,...... .......... 4.3,7,9.5.1.3,
9.7,9.10.2,14.1.1.3,14.2.1.2
Payment, Final. ........... 4.2.1,4.2.9,4.3.2,4.3.5,9.10,11.1.2,
11.1.3, 11.3.5, 12.3.1
Payment Bond, Performance Bond and. . . . . . , . . . . . .. 7.3.6.4,
9.10.3,11.3,9,11.4
Payments, Progress. . . . . . . . . . . . . . . , . . . . . . . . .. 4.3.4,9.3,9.6,
9.8.3,9.10.3,13.6,14.2.3
PAYMENTS AND COMPLETION ...................... 9,14
Payments to Subcontractors. . . . . . . . . . . . . . . . . . .. 5.4.2,9.5.1.3,
9.6.2, 9.6.3, 9.6.4, 11.3.8, ] 4.2.1.2
PCB,... .. ....... .... ...... . .. .. .. ... ... ...... .. .. 10.1
Performance Bond and Payment Bond. . . . . . . . . . . . . . . .. 7.3.6.4,
9.10.3, 11.3.9, 11.4
Permits, Fees and Notices ....... 2.2.3,3.7,3.]3,7.3.6.4,10.2.2
PERSONS AND PROPERTY, PROTECTION OF . . . . . . . . . . .. 10
Polychlorinated Biphenyl . . . . . . . . . . . . . . . . . . , . . . . . . . . .. 1 n.1
Product Data, Definition of.. . . . . . .'. . . . . . . . . . . . . . . .. 3.12.2
Product Data and Samples, Shop Drawings . . .. 3.11, 3.12, 4.2.7
ProgressandCompletlon .. ......,..... 4.2.2,4.3.4,8.2
Progress Payments . . . . . . . . . . . . . . . . . . . . . . . . .. 4.3.4, 9.:~,
9.6, 9.8.3, 9.10.3, ] 3.6, .14.2.3
Project, Definition of the. . . . . . . . . . . . . . . . . . . . . . 1.1.4
ProJect Manual, Definition of the ...................... 1.1.7
Project Manuals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2.2.5
Project Representatives' . . . . . . . . . . . . . . . . . . . . . . . . . 4.2.1 tJ
Property Insurance.. '" ... .. 10.2.5,11.3
PROTECTION OF PERSONS AND PROPERTY. . . . . . . . 10
RegulationsandLaws .........". 1.3,3.6,3.7,3.1\4.1.1,4.5.5,
4.5.7,10.2.2,11.1, 11.3, 13.1, 13.4, 13.5.1, \3.5.2, 13.6, 14
Rejection of Work .... ..... .... .. .... 3.5.1,4.2.6,12.2
Releases of Waivers and Liens. . . . . . . . . . . . . . . . . . . . . . . .. 9.10.2
Representations.......,...,............. 1.2.2,3.5.1,3.12.7,
6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.1 n.1
Representatives..,..................... 2.1.1,3.1.1,3.9,
4.1.1,4.2.1,4.2.10,5.1.1,5.1.2,13.2.]
Resolution of Claims and Disputes. , . . . . . . . . . 4.4,4.5
Responsibility for Those Performing the Work :~.3.2,
4.2.3, 6.1.3, 6.2, 10
Retainage...... .... 9,3.1,9.6.2,9.8.3,9.9.1,9.10.2,9.10.3
Review of Contract Documents and Field
Conditions by Contractor. . .. . .. . . . .. 1.2.2, 3.2, 3.7.:~, 3.12.7
Review of Contractor's Submittals bl'
Owner and Architect ............. 3.10.1,3. J 0.2,3.11,3.12,
4.2.7,4.2.9, 5.2.1, 5.2.3, 9.2, 9.8.2
Review of Shop Drawings, Product Data
and San1plesby Contractor ........................ 3.12.5
Rights and Remedies ............. 1.1.2,2.3,2.4,3.5.1,3.15.2,
4.2.6,4.3.6,4.5,5.3,6.1,6.3,7.3.1,8:'>.1,9.5.1, 9.7,10.2.5,
10.3,12.2.2,12.2.4,13.4, 14
Royalties and Patents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3.17
4 A201-1987
AtA DOCUMENT A201 . GENERAL CONDITtONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AIA<!) . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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Rules and Notices for Arbltratl()n ... . . . . . . . . , . . . . . . . .. 4.5.2
Safety of Persons and Property ........,......,....,., 10.2
SafetyPrecautlorisandPrograms ........... 4.2.3,4.2.7,10.1
Samples, Definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3.12.3
Samples, Shop Drawings, Product Data and ... 3.11,3.12, 4.2.7
SamplesattheSlte,Documentsand................... 3.11
Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 9.2, 9.3.1
Schedules, Construction . . . . . . . . . . . . . . . . . . . , . , . . . . . . 3.10
Separate Contracts and Contractors .......... 1.1.4,3.14.2,4.2.4,
. 4.5.5,6,11.3.7,12.1.2,12:2.5
Shop Drawings, Definition of . . . . . . . . . . . . . . .'. . . . . . . . .. 3.12.1
Shop Drawings, Product Data and Samples. . .. 3.11,3.12, 4.2.7
Site, Use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3.13, 6.1.1,6.2.1
Site Inspections. , .1.2.2,3.3.4,4.2.2,4.2.9,4.3.6,9.8.2,9.10.1, 13.5
Site Visits, Architect's. . . . . . . . . . . . . . . .. 4.2.2,4.2.5,4.2.9,4.3.6,
9.4.2,9.5.1,9,8.2,9.9.2,9.10.1,13.5
Specla11nspectionsandTesting .............. 4.2.6,12.2.1,13.5
Specifications, Definition of the. . . . . . . . . . , . . . . . . . . . . " 1.1.6
Specifications, The... 1.1.1,1.1.6,1.1.7,1.2.4,1.3,3.11
Statutes of Limitations . .. .. . . . . . . . . . , . . . .. 4.5.4.2,12.2.6,13.7
Stopping the Work. ............ 2.3,4.3.7,9.7,10.1.2,10.3,14.1
Stored Materials.... ... .... 6.2.1,9.3.2,10.2.1.2,11.3.1.4,12.2.4
Subcontractor, Definition of. . . . . . . . . . . . . . . . . . . . . . . . . .. 5.1.1
SUBCONTRACTORS. . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . .. 5
Subcontractors, Work by... ....,.. .. .. .. .. 1.2.4,3.3.2,3.12.1,
4,2.3, 5.3, 5.4
Subcontractual Relations. . . . . . . . . . . . .. 5.3,5.4,9.3.1.2,9.6.2,
, 9.6.3,9.6.4, 10.2.1,11.3.7,11.3.8,14.1.1,14.2.1.2,14.3.2
Submittals... . ..... 1.3,3.2.3,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,
7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,11.1.3
Subrogation, Waivers of. . . . . . . . . . . . . . . .. 6.1.1, 11.3.5,11.3.7
Substantial Completion. . . . . . . . . . . .. 4.2.9,4.3.5.2,8.1.1,8.1.3,
8.2.3,9.8,9.9.1,12.2.1,12.2.2,13.7
Substantial Completion, Definition of. . . . . . . . . . . . . . . . . . .. 9.8.1
Substitution of Subcontractors . . . . . . . . . , . . . . . . . . .. 5.2.3,5.2.4
Substitution of the Architect. . . . . . . . . . . . . . . . . . . . . . . . .. 4.1.3
Substitutions of !v1aterials . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3.5.1
Sub-subcontractor, Definition of . . . . . . . . . . . . . . . . .-. . . .. 5.1.2
Subsurface Conditions. . . . . . . . . . . . . . . . . . . . . . .. 4.3.6
Successors and Assigns ........... . . . . . . . . .. 13.2
Superintendent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3.9, 10.2.6
Supervision and Construction Procedures . . . . .. 1,2.4,3,3,3.4,
4.2.3,4.3.4,6.1.3,6.2.4,7.1.3,7.3.4,8.2,8.3.1,10,12,14
Surety... . . . . .. .... .. 4.4.1,4.4.4,5.4.1.2,9.10.2,9.10.3,14.2.2
Surety, Consent of. . . . . . . . . . . . . . . . . . . . . .. 9.9.1,9.10.2,9.10.3
Surveys. . . , , . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . .. 2.2.2,3,18,3
Suspension by the Owner for Convenience ............. 14.3
Suspension of the Work ............. 4.3.7,5.4.2,14:1.1.4,14,3
SuspensionorTermlnationoftheColllract ....,. 4.3.7,5.4.1.1,14
Taxes ...........,...,...................... 3.6, 7.3.6.4
Termination by the Contractor ......,............,.... 14.1
Termination by the Owner for Cause. . . . . . . . . . , " 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 ..... 3.3.3,4.2.6,4.2.9,9.4.2, 12.2.1,13.5
TIME....,."........................,...........,... 8
Time, Delays and Extensions of , . . . . . . . . . . . .. 4.3.8, 7.2.1,8.3
Time Limits, Specific .....,... 2.1.2,2.2.1,2.4,3:10,3.11,3.15.1,
4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3,9, 8.2, 9.2, 9,3,1,
9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2,11.1.3,11.3,6,11.3.10,
11.3.11,12.2.2,12.2.4,12.2.6,13.7,14
,Time Limits on Claims. . . . . . . .. 4,3.2,4.3.3,4.3.6,4.3,9.4.4,4,5
Title to Work . . . . . . . . . . . . . . . , . . . . . .. . . . . . . . . .. 9.3.2,9.3.3
UNCOVERING AND CORRECTION OF WORK ......,....,. 12
Uncovering of Work .......................,........ 12.1
Unforeseen Conditions. ..... . .. .... .. .. . . .. 4.3.6,8,3,1,10.1
Unit Prices. . . . . . . . . . . . , . . . . . . . , . . . . . . . . . . . .. 7.1.4.7.3.3.2
Use of Documents. . . . . . . . , . . . . . . .. 1.1.1, 1.3.2.2.5,3.12.7, 5.3
Use of Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3.13, 6.1.1,6.2.1
Values, Schedule of .....,...,.................. 9.2,9.3.1
Waiver of Claims: Final Payment. ...... .... 4.3.5,4.5.1,9.10.3
Waiver of Claims by the Architect. . . . . . . . . . . . . . . . . . , . .. 13.4.2.
WaiverofClaimsbytheContractOf......... 9.10.4,11.3.7,13.4.2
Waiver of Claims by the Owner. . . . . . . . . . . . .. 4.3.5,4.5.1,9.9.3,
9.10.3,11.3.3,11.3.5,11.3.7,13.4.2
Waiver of Liens. . . . . , . . . . , , . . . . . . . . . . . . .. . . . . . . . . .. 9.10.2
Waivers of Subrogation. . . . . . . . . . . . . . . . . .. 6.1.1, 11.3.5, 11.3.7
Warranty and \X'arranties . . . . . . . . . . . . . . . . . . , . . . , .. 3.5,4.2.9,
4.3.5.3,9.3.3,9.8.2,9.9.1,12.2.2,13.7.1.3
Weather Delays. . . . . . . , . . . . . . . . . . . . . . . , . , . . . . , . . .. 4.3.8.2
When Arbitration May Be Demanded . . . . . . . , , . . . . . , . .. 4.5.4
Work, Definition of . . . . . . . . . . . . . . .. . , . . . . . , . . . . . . . .. 1.1.3
WrittenConselll.............. 1.3.1,3.12.8,3.14.2,4.1.2;4.3.4,
4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3.10.1.2,10.1.3,
11.3.1,11.3.1.4,11.3.11,13.2,13.4.2
Written Interpretations. . . . . . . . . . . . . . . . . .. 4.2.11,4.2.12,4.3.7
Written Notice.. , . . . . . . " 2.3,2.4,3.9,3.12.8,3.12.9,4.3,4.4.4,
4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5,1,9.7,9.10,10:1.2,
10.2.6,11.1.3, ] 1.3,12.2.2,12.2.4,13.3, 13.5.2, 14
Written Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2.3,3.9,4.3.7,
7,8.2.2,11.3.9, 12.1, 12.2, 13.5.2, 14.3.1
AlA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A201-1987 5
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GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
ARTICLE 1
GENERAL PROVISIONS
1.1 BASIC DEFINITIONS
1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents consist of the Agreement between
Owner and Contractor (hereinafter the Agreement), Conditions
of the Contract (General, Supplementary and other Conditions),
Drawings, Specifications, addenda issued prior to execution of
the Contract, other documents listed in the Agreement and
Modifications issued after execution of the Contract. A Modifi-
cation is (1) a written amendment to the Contract signed by
both parties, (2) a Change Order, (3) a Construction Change
Directive or (4) a written order for a minor change in the Work
issued by the Architect. Unless specifically enumerated in the
Agreement, the Contract Documents do no't include other
documents such as bidding requirements (advertisement or
invitation to bid, Instructions to Bidders, sample forms, the
Contractor's bid or portions of addenda relating to bidding
requirements).
1.1.2 THE CONTRACT
The Contract Documents form the Contract for Construction.
The Contract represents the entire and integrated agreement
between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. The Con-
tract may be amended or modified only by a Modification, The
Contract Documents shall not be construed to create a contrac-
tual relationship of any kind (1) between the Architect and Con-
tractor, (2) between the Owner and a Subcontractor or Sub-
subcontractor or (3) between any persons or entities other than
the Owner and Contractor. The Architect shall, however" be
entitled to performance and enforcement of obligations under
the Contract intended to facilitate performance of the
Architect's duties.
1.1.3 THE WORK
The term "Work" means the construction and services
required by the Contract Documents, whether completed or
partially completed, and includes all other labor, materials,
equipment and services provided or to be provided by the
Contractor to fulfill the Contractor's obligations. The Work
may constitute the whole or a part of the Project.
1.1.4 THE PROJECT
The Project is the total construction of which the Work per- .
formed under the Contract Documents may be the whole or a
part and which may include construction by the Owner or by
separate contractors.
1.1.5 THE DRAWINGS
The Drawings are the graphic and pictorial portions of the Con-
tract Documents, wherever located and whenever issued,
showing the design, location and dimensions of the Work,
generally including plans, elevations, sections, details, sched-
ules and diagrams.
1.1.6 THE SPECIFICATIONS
The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equip-
ment, construction systems, standards and workmanship for
the Work, and performance of related services.
1.1.7 THE PROJECT MANUAL
The Project Manual is the volume usually assembled for the
Work which may include the bidding requirements, sample
forms, Conditions of the Contract and Specifications.
1.2 EXECUTION, CORRELATION AND INTENT
1.2.1 The Contract DocumerhJ 01 \all be signed by the Owner
and Contractor as provided in the Agreement. If either the
Owner or Contractor or both do not sign all the Contract
Documents, the Architect shall identify such unsigned Docu-
ments upon request.
1.2.2 Execution of the Contract by the Contractor is a repre-
sentation that the Contractor has visited the site, become famil-
iar with local conditions under which the Work is to be per-
formed and correlated personal observations with require-
ments of the Contract Documents.
.1.2.3 The intent of the Contract Documents is to include all
items necessary for the proper execution and completion of the
Work by the Contractor. The Contract Documents are comple-
mentary, 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 Docu-
ments and reasonably inferable from them as being necessary
to produce the intended results.
1.2.4 Organization of the Specifications into divisions, sections
and articles, and arrangement of Drawings shall not control the
Contractor in dividing the Work anlOng Subcontractors or in
establishing the extent of Work to be performed by any trade,
1.2.5 Unless otherwise stated in the Contract Documents,
words which have well-known technical or construction indus-
try meanings arc used in the Contract Documents in accord-
ance with such recognized meanings.
1.3 OWNERSHIP AND USE OF ARCHITECT'S
DRAWINGS, SPECIFICATIONS AND OTHER
DOCUMENTS
1.3.1 The Drawings, Specifications and other documents
prepared by the Architect are instruments of the Architect's
service through which the Work to be executed by the Con-
. tractor is described. The Contractor may retain one contract
record set. Neither the Contractor nor any Subcontractor, Sub-
subcontractor or material or equipment supplier shall own or
claim a copyright in the Drawings, Specifications and other
documents prepared by the Architect, and unless otherwise
indicated the Architect shall be deemed the author of them and
will retain all common law, statutory and other reserved rights,
in addition to the copyright. All copies of them, except the
Contractor's record set, shall be returned or suitably accounted
for to the Architect, on request, upon completion of the Work.
The Drawings, Specifications and other documents prepared
by the Architect, and copies thereof furnished to the Contrac-
tor, are for use solely with respect to this Project. They are not
to be used by the Contractor or any Subcontractor, Sub-
subcontractor or material or equipment supplier on other proj-
ects or for additions to this Project outside the scope of the
6 A201.1987
AlA DOCUMENT A201 ~ GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDlTlON
AlA <D . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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Work without the specific written consent of the Owner and
Architect. The Contractor, SubcontractOrs, Sub-subcontractOrs
and material or equipment suppliers are granted a limited
license. to use and reproduce applicable portions of the Draw-
ings, Specifications and other documents prepared by the
Architect appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made l!nder
this license shall bear the statutory copyright notice, if any,
shown on the Drawings, Specifications and other documents
prepared by the Architect. Submittal or distribution to meet
official regulatory requirements or for other purposes in con-
nection with this Project is not to be construed as publication
in derogation of the Architect's copyright or other reserved
rights.
1.4 CAPITALIZATION
1.4.1 Terms capitalized in these General Conditions include
those which are (I) specifically defined, (2) the titles of num-
bered articles and identit1ed references to Paragraphs, Subpara-
graphs and Clauses in the document or (3) the titles of other
documents published by the American Institute of Architects.
1.5 INTERPRETATION
1.5.1 In the interest of brevity the Contract Documents fre-
quently omit modifying words such as "all" and "any" and arti-
cles such as "the" and "an," but the fact that a modifier or an
article is absent from one statement and appears in another is
not intended to affect the interpretation of either statement.
ARTICLE 2
OWNER
2.1 DEFINITION
2.1.1 The Owner is the person or entity identified as such in
the Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Owner" means
. the Owner or the Owner's authorized representative.
2.1.2 The Owner upon reasonable written request shall furnish
to the Contractor in writing information which is necessary and
relevant for the Contractor to evaluate, give notice of or
enforce mechanic's lien rights. Such information shall include a
correct statement of the record legal title to the property.on
which the Project is located, usually referred to as the site, and
the Owner's interest therein at the time of execution of the
Agreement and, within five days after any change, information
of such change in title, recorded or unrecorded.
2.2 INFORMATION AND SERVICES
REQUIRED OF THE OWNER
2.2.1 The Owner shall, at the request of the ContractOr, prior
to execution of the Agreement and promptly from time to time
thereafter, furnish to the Contractor reasonable evidence that
financial arrangements have been made to fulfill the Owner's
obligations under the Contract. (Note: UI/less sllcb masonable
euidence wel'e Jil/'llisbed 01/ l'equest pl'ior to tbe executiol/ of
tbe Agreemel/t, tbe prospective contl'actol' would not be
requil'ed to execute tbe Agreement 01' to commence tbe \\'lark.}
2.2.2 The O\vner shall furnish surveys describing physical
characteristics, legal limitations and utility locations for the site
of the Project, and a legal description of the site.
2.2.3 Except for permits and fees which are the responsibility
of the Contractor under the Contract Documents, the Owner
shall secure ,md pay for necessary approvals, easements, assess-
ments and charges required for construction, use or occupancy
of permanent structures or for permanent changes in existing
facilities.
2.2.4 Information or services under the Owner's control shall
be furnished by the Owner with reasonable promptness to
avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents,
the Contractor will be furnished, free of charge, such copies of
Drawings and Project Manuals as are reasonably necessary for
execution of the Work.
2.2.6 The foregoing are in addition to other duties and respon-
sibilities of the Owner enumerated herein and especially those
in respect to Article 6 (Construction by Owner or by Separate
Contractors), Article 9 (Payments and Completion) and Article
11 (Insurance and Bonds).
2.3 OWNER'S RIGHT TO STOP THE WORK
2.3.1 If the Contractor fails to correct Work which is not in
accordance with'the requirements of the Contract Documents
as required by Paragraph 12.2 or persistently fails to carry out
Work in accordance with the Contract Documents, the Owner,
by written order signed personally or by an agent specifically so
empowered by the Owner in writing, may order the Contrac-
tor to stop the Work, or any portion thereof, until the cause for
such order has been eliminated; however, the right of the
Owner to stop the Work shall not give rise to a duty on the part
of the Owner to exercise this right for the benefit of the Con-
tractor 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 the Contract Documents and fails
within a seven-day period after receipt of written notice from
the Owner to commence and continue correction of such
default or neglect with diligence and promptness, the Owner
may after such seven-day period give the Contractor a second
written notice to correct such deficiencies within a second
seven-day period. If the Contractor within such second seven-
day period after receipt of such second notice fails to com-
mence and continue to correct any deficiencies, the Owner
may, without prejudice to other remedies the Owner may
have, correct such deficiencies. In such case an appropriate
Change Order shall be issued deducting from payments then or
thereafter due the Contractor the cost of correcting such defi.
ciencies, including compensation for the Architect's additional
services and expenses made necessary by such dcbult, neglect
or failure. Such action by the Owner and amounts charged to
the Contractor are both subject to prior approval of the Archi-
tect. If payments then or thereafter clue the Contraetor are not
sufficient 10 cover such amounts, the Contractor shall pay th~
difference to the Owner.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The Contractor is the person or entity identified as such
in the Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Contractor"
means the Contractor or the Contractor's authorized
representative.
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlAI!> . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.w., WASHINGTON, D.C. 2000()
A201-1987
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3.2 REVIEW OF CONTRACT DOCUMENTS AND
FIELD CONDITIONS BY CONTRACTOR
3.2.1 The Contractor shall carefully study and compare the
Contract Documents with each other and with information
furnished by the Owner pursuant to Subparagraph 2.2.2 and
shall at once report to the Architect errors, inconsistencies or
omissions discovered, The Contractor shall not be liable to the
Owner or Architect for damage resulting from errors, inconsis-
tencies or omissions in the Contract Documents unless the
Contractor recognized such error, inconsistency or omission
and knowingly failed to report it to the Architect. If the Con-
tractor performs any construction activity knowing it involves
a recognized error, inconsistency or omission in the Contract
Documents without such notice to the Architect, the Contrac-
tor shall assume appropriate responsibility for such perfor-
mance and shall bear an appropriate amount of the attributable
costs for correction.
3.2.2 The Contractor shall take field measurements and verify
field conditions and shall carefully compare such field mea-
surements and conditions and other information known to the
Contractor with the Contract Documents before commencing
activities. Errors, inconsistencies or omissions discovered shall
be reported to the Architect at once.
3.2.3 The Contractor shall perform the Work in accord;mce
with the Contract Documents and submittals approved pur-
suant to Paragraph 3.12,
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall supervise and direct the Work,
using the Contractor's best skill and attention. The Contractor
shall be solely responsible for and have control over construc-
tion means, methods, techniques, sequences and proced\lres
and for coordinating all portions of the Work under the Con-
tract, unless Contract Documents give other specific instruc-
tions concerning these matters.
3.3.2 The Contractor shall be responsible to the Owner for acts
and omissions of the Contractor's employees, Subcontractors
and their agents and employees, and other persons performing
portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to per-
form the Work in accordance with the Contract Documents
either by activities or duties of the Architect in the Architect's
administration of the Contract, or by tests, inspections or
approvals required or performed by persons other than the
Contractor.
3.3.4 The Contractor shall be responsible for inspection ofpor-
tions of Work already performed under this Contract to deter-
mine that'such portions are in proper condition to receive sub-
sequent Work. .
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract Documents,
the Contractor shall provide and pay for labor, materials, equip-
ment, tools, construction equipment and machinery, water,
heat, utilities, transportation, and other facilities and services
necessary for proper execution and completion of the Work,
whether temporary or permanent and whether or not incorpo-
rated or to be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good
order among the Contractor's employees and other persons
carrying out the Contract. The Contractor shall nOt permit
employment of unfit persons or persons not skilled in tasks
assigned to them. '
3.5 WARRANTY
3.5.1 The Contractor warrants to the Owner and Architect that
materials and equipment furnished under the Cohtract will be
of good quality and new unless otherwise required or permit-
ted by the Contract Documents, that the Work will be free
from defects not inherent in the quality required or permitted,
and that the Work will conform with the requirements of the
Contract Documents, Work not conforming to these require-
ments, 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 under 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
3.6.1 The Contractor shall pay sales, consumer, use and similar
taxes for the Work or portions thereof provided by the Con-
tractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely
scheduled to go into effect.
3.7 PERMITS, FEES AND NOTICES
3.7.1 Unless otherwise provided in the Contract Documents,
the Contractor shall secure and pay for the building permit and
other permits and governmental fees, licenses and inspections
necessary for proper execution and completion of the Work
which are customarily secured after execution of the Contract
and which are legally required when bids are received or nego-
tiations concluded,
3.7.2 The Contractor shall comply with and give notices
required by laws, ordinances, rules, regulations and lawful
orders of public authorities bearing on performance of the
Work.
3.7.3 It is not the Contractor's responsibility to ascertain that
the Contract Documents are in accordance with' applicable
laws, statutes, ordinances, building codes, and rules and regula-
tions. However, if the Contractor observes that portions of the
Contract Documents are at variance therewith, the Contractor
shall promptly notify the Architect and Owner in writing, and
necessary changes shall be accomplished by appropriate
Modification.
3.7.4 If the Contractor performs Work knowing it to be con-
trary to laws, statutes, ordinances, building codes, and rules and
regulations without such notice to the Architect and Owner,
the Contractor shall assume full responsibility for such Work
and shall bear the attributable costs.
3.8 ALLOWANCES
3.8.1 The Contractor shall include in the Contract Sum all
allowances stated in the Contract Documents. Items covered
by allowances shall be supplied for such amounts and by such
persons or entities as the Owner may direct, but the Contractor
shall not be required to employ persons or entities against
which the Contractor makes reasonable objection.
3.8.2, Unless otherwise provided in the Contract Documents:
.1 materials and equipment under an allowance shall be
selected promptly by the Owner to avoid delay in the
Work;
.2 allowances shall cover the cost to the Contractor of
materials and equipment delivered at the site and a11
required taxes, less applicable trade discounts;
8 A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITlON
AIA<!J . @1987 THE AMERICAN INSTITUTE OF ARCHIT~CTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. zoo06
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.3 Contractor's costs for unloading and handling at the
site, labor, installation costs, overhead, profit and
other expenses contemplated for stated allowance
amounts shall be included in the Contract Sum-and
not in the allowances;
.4 whenever costs are more than or less than allowances,
the Contract Sum shall be adjusted accordingly by
Change Order. The amount of the Change Order shall
reflect (1) the difference between actual costs and the
allowances under Clause 3,8.2.2 and (2) changes in
Contractor's costs under Clause 3.8.2,3,
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3.9 SUPERINTENDENT
3.9.1 The Contractor shall employ a competent superinten-
dent and necessary assistants who shall be in attendance at the
Project site during performance of the Work. The superinten- .
dent shall represent the Contractor, and communications given
to the superintendent shall be as binding as if given to the Con-
tractor. Important communications shall be confirmed in writ-
ing, Other communications shall be similarly confirmed on
written request in each case.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDUl.ES
3.10.1 The Contractor, promptly after being awarded the Con-
tract, shall prepare and submit for the Owner's and Architect's
information a Contractor's construction schedule for the Work.
The schedule shall not exceed time limits current under the
Contract Documents, shall be revised at appropriate intervals as
required by the conditions of the Work and Project, shall be
related to the entire Project to the extent required by the Con-
tract Documents, and shall provide for expeditious and practi-
cable execution of the Work.
3.10.2 The Contractor shall prepare tU1d keep current, for the
Architect's approval, a schedule of submittals which is coordi-
nated with the Contractor's construction schedule and allows
the Architect reasonable time to review submittals.
3.10.3 The Contractor shall conform to the most recent
schedules.
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3.11 DOCUMENTS AND SAMPl.ES AT THE SITE
3.11.1 The Contractor shall maintain at the site for the Owner
one record copy of the Drawings, Specifications, addenda,
Change Orders and other Modifications, in good order and
marked currently to record changes and selections made during
construction, and in addition approved Shop Drawings, Prod-
uct Data, Samples and similar required submittals. These shall
be available to the Architect and shall be delivered to the Archi-
tect for submittal to the Owner upon completion of the Work,'
3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPl.ES'
3.12.1 Shop Drawings are drawings, diagrams, schedules and
other data specially prepared for the Work by the Contractor or
a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor 10 illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, per-
formance charts, instructions, brochures, diagrams and other
information furnished by the Contractor to illustrate materials
or equipment for some portion of the Work.
3.12,3 Samples are physical examples which illustrate
materials, equipment or workmanship and establish standards
by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar sub-
mittals are not Contract Documents. The purpose oftheir sub-
mittal is to demonstrate for those portions of the\X'ork for
which submittals are required the way the Contractor proposes
to conform to the information given and the design concept
expressed in the Contract Documents. Review by the Architect
is subject to the limitations of Subparagraph 4.2.7.
3.12.5 The Contractor shall review, approve and submit to the
Architect Shop Drawings, Product Data, Samples and similar
submittals required by. the Contract Documents with reason-
able promptness and in such sequence as to cause no delay in
the Work or in. the activities of the Owner or of separate con-
tractors. Submittals made by the Contractor which are not
required by the Contract Documents may be returned without
action.
3.12.6 The Contractor shall perform no portion of the Work
requiring submittal and review of Shop Drawings, Product
Data, Samples or similar submittals until the respective submit-
tal has been approved by the Architect. Such Work shall be in
accordance with approved submittals.
3,12.7 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 related thereto, or
will do so, and has checked and coordinated the information
contained within such submittals with the requirements of the
Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility
for deviations from requirements of the Contract Documents
by the Architect's approval of Sllop Drawings, Product Data,
Sah1p1cs or similar submittals unless the Contractor has
specifically informed the Architect in writing of such deviation
at the time of submittal and the Architect has given written
approval to the specific deviation. The Contractor shall not be
relieved of responsibility for errors or omissions in Shop Draw-
ings, Product Data, Samples or similar submittals by the Archi-
tect's approval thereof.
3.12.9 The Contractor shall direct specific attention, in writing
or on resubmitted Shop Drawings, Product Data, Samples or
similar submittals, to revisions other than thOSe requested by
the Architect on previous submittals.
3.12.10 Informational submittals upon' which the Architect is
not expected to take responsive action may be so identified in
the Contract Documents.
3.12.11 When professional certification of performance criteria
of materials, systems or equipment is required by the Contract
Documents, the Architect shall be entitled to rely upon the
accuracy and completeness of sLlch calculations and certifi-
cations,
3.13 USE OF SITE
3.13.1 The Contractor shall confine operations at the site to
areas permitted by law, ordinances, permits and the Contract
Documents and shall not unreasonably encumber the site with
materials or equipment. .
3.14 CUTTING AND PATCHING
3.14.1 The Contractor shall be responsible for cutting, fitting
or patching required to complete the Work or to make its pafts
fit together properly.
3.14.2 The Contractor shall not damage or endanger a portion
of the Work or fully or partially completed construction of the
Owner or separate contractors by cutting, patching or other-
wise altering such construction, or by excavation. The Contrac-
tor shall not cut or otherwise alter sllch construction by the
AlA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRlICTION -FOURTEENTH EDITION
AlA>!> - @ 19R7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20(J06
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Owner or a separate contractor except with written consent of
the Owner and of such separate contractor; such consent shall
not be unreasonably withheld~ The Contractor shall not unrea-
sonably withhold from the Owner or a separate contractor the
Contractor's consent to cutting or otherwise altering the Work,
3.15 CLEANING UP
3.15.1 The Contractor shall keep' the premises and surround-
ing area free from accumulation of waste materials or rubbish
caused by operations under the Contract. At completion of the
Work the Contractor shall remove from and about the Project
waste materials, rubbish, the Contractor's tools, construction
equipment, machinery and surplus materials.
3.15.2 If the Contractor fails to clean up as provided in the
Contract Documents, the Owner may do so and the cost
thereof shall be charged to the Contractor.
3.16 ACCESS TO WORK
3.16.1 The Contractor shall provide the Owner and Architect
access to the Work in preparation and progress wherever
located.
3.17 ROYALTIES AND PATENTS
3.17.1 The Contractor shall pay all royalties and license fees.
The Contractor shall defend suits or claims for infringement of
patent rights and shall hold the Owner and Architect harmless
from loss on account thereof, but shall not be responsible for
such defense or loss when a particular design, process or prod-
uct of a particular manufacturer or manufacturers is required by
the Contract Documents. However, if the Contractor has rea-
son to believe that the required design, process or product is an
infringement of a patent, the Contractor shall be responsible for
such loss unless such information is promptly furnished to the
Architect.
3.18 INDEMNIFICATION
3.18.1 To the fullest extent permitted by law, the Contractor
shall indemnify and hold harmless the Owner, Architect, Archi-
tect's consultants, and agents and employees of any of them
from and against claims, damages, losses and expenses, includ-
ing but not limited to attorneys' fees, arising out of or resulting
from performance of the Work, provided that such claim, dam-
age, loss or expense is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible prop-
erty (other than the Work itself) including loss of use resulting
therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of the Contractor, a Subcontractor,
anyone directly or indirectly employed by them or anyone for
whose acts they may be liable, regardless of whether or not
such claim, damage, loss or expense is caused in part bya party
Indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a party or person
described in this 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 directly or indirectly employed by them
or anyone for whose acts they may be liable, the indemnifica-
tion obligation under this Paragraph 3.18 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' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
3.18.3 The obligations of the Contractor under this Paragraph
3.18 shall not extend to the liability of the Architect, the Archi-
tect's consultants, and agents and employees of any of them
arising out of (1) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifica-
tions, or (2) the giving of or the failure to give directions or
instructions by the Architect, the Architect's consultants, and
agents and employees of any of them provided such giving or
failure to give is the primary cause of the injury or damage.
ARTICLE 4
AD~INISTRATION OF THE CONTRACT
4.1 ARCHITECT
4.1.1 The Architect is the person lawfully licensed to practice
architecture or an entity lawfully practicing architecture iden-
tified as such in the Agreement and is referred to throughout
the Contract Documents as if singular in number. The term
"Architect" means the Architect or the Architect's authorized
representative.
4.1.2 Duties, responsibilities and limitations of authority of the
Architect as set forth in the Contract Documents shall not be
restricted, modified or extended without written consent of the
Owner, Contractor and Architect. Consent shall not be unrea-
sonably withheld.
4.1.3 In case of termination of employment of the Architect,
the Owner shall appoint an architect against whom the Con-
tractor makes no reasonable objection and whose status under
the Contract Documents shall be that of the former architect.
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4.2 ARCHITECT'S ADMINISTRATION' ,ag-
OF THE CONTRACT
4.2.1 The Architect will provide administration of the Contract
as described in the Contract Documents, and will be the
Owner's representative (1) during construction, (2) until final
payment is due and (3) with the Owner's concurrence, from
tinle to time during the correction period described in Para-
graph 12.2. The Architect will advise and consult with the
Owner. The Architect will have authority to act on behalf of the
Owner only to the extent provided in the Contract Documents,
unless otherwise modified by written instrument in accordance
with other provisions of the Contract.
4.2.2 The Architect will visit the site at intervals appropriate to
the stage of construction to become generally familiar with the
progress and quality of the completed Work and to determine
. in general if the Work is being performed in a manner indicat-
ing that the Work, when completed, will be in accordance with
the Contract Documents. However, the Architect will not be
required to make exhaustive or continuous on-site inspections
to check quality or quantity of the Work. On the basis of on-
site observations as an architect, the Architect will keep the
Owner informed of progress of the Work, and will endeavor to
guard the Owner against defects and deficiencies in the Work.
4.2.3 The Architect will not have control over or charge of and
will not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, since these are
solely the Contractor's responsibility as provided in Paragraph
3.3. The Architect will not be responsible for the Contractor's
failure to carry out the Work in accordance with tIle Contract
Documents. The Architect will not have control over or charge
of and will not be responsible for acts or omissions of the Con-
10
A201-1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AIAt!> . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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tractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the Work.
4.2.4 Communications Facilitating Contract Adml~lstra-
tlon. Except as otherwise provided in the Contract Documents
or when direct communications have been specially autho-
rized, the Owner and Contractor shall endeavor to communi-
cate through the Architect. Communications by and with the
Architect's consultants shall be through the Architect. Commu-
nications by and with Subcontractors and material suppliers
shall be through the Contractor. Communications by and with
separate contractors shall be through the Owner,
4.2.5 Based on the Architect's observations and evaluations of
the Contractor's Applications for Payment, the Architect will
review and certify the an10unts due the Contractor and will
issue Certificates for Payment in such amounts.
4.2.6 The Architect will have authority to reject Work which
does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable for implementa-
tion of the intent of the Contract Documents, the Architect will
have authority to require additional inspection or testing of the
Work in accordance with Subparagraphs 13.5.2 and 13.5,3,
whether or not such Work is fabricated, installed or completed.
H'owever, neither this authority of the Architect nor a decision
made in good faith either to exercise or not to exercise such
authority shall give rise to a duty or responsibility of the Archi-
tect to the Contractor, Subcontractors, material and equipment
suppliers, their agents or employees, or other persons perform-
ing portions of the Work.
4.2.7 The Architect will review and approve or take other
appropriate action upon the Contractor's submittals such as
Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information
given and the design concept expressed in the Contract Docu-
ments. The Architect's action will be taken with such reason-
able promptness as to cause no delay in the Work or in the
activities of the Owner, ContractOr or separate contractors,
while allowing sufficient time in the Architect's professional
judgment to permit adequate review. Review of such submittals
is not conducted for the purpose of determining. the accuracy
and completeness of other details such as dimensions and
quantities, or for substantiating instructions for installation or
performance of equipment or systems, all of which remain the
responsibility of the' Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submit-
tals shall not relieve the Contractor of the obligations under
Paragraphs 3.3,3.5 and 3.12. The Architect's review shall not
constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect, of any construction means,
methods, techniques, sequences or procedures. The Architect's
approval of a specific item shall not indicate' approval of an
assembly of which the item is a component. .
4.2.8 The Architect will prepare Change Orders and Construc-
tion Change Directives, and may authorize minor changes in
the Work as provided in Paragraph 7.4.
4.2.9 The Architect will conduct inspections to determine the
date or dates of Substantial Completion and the date of final
completion, will receive and forward to the Owner for the
Owner's review and records written warranties and related
documents required by the Contract and assembled by the
Contractor, and will issue a final Certificate for Payment upon
compliance with the requirements of the Contract Documents.
4.2.10 If the Owner and Architect agree, the Architect will pro-
viele one or more project representatives to assist in carrying
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out the Architect's responsibilities at the site. The duties,
responsibilities and limitations of authority of such project
representatives shall be as set forth in an exhibit to be incorpo-
rated in the Contract Documents.
4.2.11 The Architect will interpret and decide matters concern-
ing performance under and requirements of the Contract
Documents on written request of either the Owner or Contrac-
tor, The Architect's response to such requests will be made
with reasonable promptness and within any time limits agreed
upon. If no agreement is made concerning the time within
which interpretations required of the Architect shall be fur-
nished in compliance with this Paragraph 4.2, then delay shall
not be recognized on account of failure by the Architect to fur-
nish 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 of
drawings. When making such interpretations and decisions, the
Architect will endeavor to secure faithful performance by both
Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions 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 seeking, as a matter of right, adjustment or interpre-
tation of Contract terms, payment of money, extension of time
or other relief with respect to the terms of the Contract. The
term "Cl:lim" also includes other disputes and matters in ques-
tion between the Owner and Contractor arising out of or relat-
ing to the Contract. Claims must be made by written notice.
The responsibility to substantiate Claims shall rest with the
party making the Claim,
4.3.2 Decision of Architect. Claims, including those alleging
an error or omission by the Architect, shall be referred initially
to the Architect for action as provided in Paragraph 4.4. A deci-
sion by the Architect, as provided in Subparagraph 4.4.4, shall nda..J
be required as a condition precedent to arsitrati"R r.lf litigation rr-
of a Claim between the Contractor and Owner as to all such '-. _ J..
matters arising prior to the date final payment is due, regardless I" 0-
of (1) whether such matters relate to execution and progress of
the Work or (2) the extent to which the Work has been com-
pleted. The decision by the Architect in response to a Claim fihJ
shall not be a condition precedent to 1irl?itf'lt;~'n '11' litigation in ."...- ~
the event (1) the position of Architect is vacant, (2) the Architect ~..1) _
has not received evidence or has failed to render a decision/~
within agreed time limits, (3) the Architect has failed to take
action required under Subparagraph 4.4.4 within 30 clays after
the Claim is made, (4) 45 days have passed after the Claim has
been referred to the Architect or (5) the Claim relates to a
mechanic's lien.
4.3.3 Time Limits on Claims. Claims by either party must be
made within 21 days after occurrence of the event giving rise to
such Claim or within 21 days after the claimant first recognizes
the condition giving rise to the Claim, whichever is later. Claims
must be made by written notice. An additional Claim made
after the initial Claim has been implemented by Change Order
will not be considered unless submitted in a timely manner.
AlA DOCUMENT A201 . GENERAL CONDlTlONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDlTtON
AIA~ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D,C. 20006
A201-1987 11
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4.3.4 Continuing Contract Performance. Pending final reso..
lution of a Claim..ln~I>t'Olin8 nel;>;>rQ\\Q/;a, unless otherwise agreed
in writing the Contractor shall proceed diligently with perfor-
mance of the Contract and the Owner shall continue to make
payments in accordance with the Contract Documents.
4.3.5 Waiver of Claims: Final Payment. The making of final
payment shall constitute a waiver of Claims by the Owner
except those arising from:
.1 liens, Claims, security interests or encumbrances aris-
ing out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements
of the Contract Documents; or
.3 terms of special warranties required by the Contract
Documents.
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4.3.6 Claims for Conce~i1ed or Unknown Conditions. ,If con.
ditions are encountered at the site which are (1) subsurface or
otherwise concealed physical conditions which differ materi.
ally from those indicated in the Contract Documents or (2)
unknown physical conditions of an unusual nature, whichdif.
fer materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the
character provided for in the Contract Documents, then notice
by the observing party shall be given to the other party
promptly before conditions are disturbed and in no event later
than 21 days after first observance of the conditions. The Archi-
tect will promptly investigate such conditions and, if they differ
materially and cause an increase or decrease in the Contractor's
cost of, or time required for, performance of any part of the
Work, will recommend an equitable adjustment in the Contract
Sum or Contract Time, or both. If the Architect determines that
the conditions at the site are not materially different from those
indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Architect shall so notify
the Owner and Contractor in writing, stating the reasons.
Claims by either party in opposition to such determination
must be made within 21 days after the Architect has given
notice of the decision. If the Owner and Contractor cannot
agree on an adjustment in the Contract Sum or Contract Time,
the adjustment shall be referred to the Architect for initial deter-
mination, subject to further proceedings pursuant to Paragraph
4.4.
4.3.7 Claims for Additional Cost. If the Contractor wishes to
make Claim for an increase in the Contract Sum, written notice
as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an
emergency endangering life or property arising under Para-'
graph 10.3. If the Contractor believes additional cost is
involved for reasons including but not limited to (1) a written
interpretation from the Architect, (2) an order by the Owner to
stop the Work where the Contractor was not at fault, (3) a writ-.
ten order for a minor change in the Work issued by the Archi-
tect, (4) failure of payment by the Owner, (5) termination of the
Contract by the Owner. (6) Owner's suspension or (7) other
reasonable grounds, Claim shall be filed in accordance with the
procedure established herein.
4.3.8 Claims for Additional Time
4.3.8.1 If the Contractor wishes to make Claim for an increase
in the Contract Time, written notice as provided herein shall be
. given. The Contractor's Claim shall include an estimate of cost
and of probable effect of delay on progress of the Work. In .the
case of a continuing delay only one Claim is necessary.
4.3.8.2 If adverse weather conditions are the basis for a Claim
for additional time, such Claim shall be documented by data
substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated,
and that weather conditions had an adverse effect on the
scheduled construction.
4.3.9 Injury or Damage to Person or Property. If either party
to the Contract suffers injury or damage to person or property
because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts
such party is legally liable, written notice of such injury or
damage, whether or not insured, shall be given to the other
party within a reasonable time not exceeding 21 days after first
observance. The notice shall provide sufficient detail to enable
the other party to investigate the matter. If a Claim for addi.
tional cost or time related to this Claim is to be asserted, it shall
be filed as provided in Subparagraphs 4.3.7 or 4.3.8.
4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 The Architect will review Claims and take one or more of
the following preliminary actions within ten days of receipt of a
Claim: (1) request additional supporting data from the claimant,
(2) submit a schedule to the parties indicating when the Archi.
tect expects to take action, (3) reject the Claim in whole or in
part, stating reasons for rejection, (4) recommend approval of
the Claim by the other party or (5) suggest a compromise. The
Architect may also, but is not obligated to, notify the surety, if
any, of the nature and amount of the Claim.
4.4.2 If a Claim has been resolved, the Architect will prepare or
obtain appropriate documentation.
4.4.3 If a Claim has not been resolved, the party making the
Claim shall, within ten clays after the Architect's preliminary
response, take one or more of the following actions: (1) submit
additional supporting data requested by the Architect, (2)
modify the initial Claim or (3) notify the Architect that the initial
Claim stands.
4.4.4 If a Claim has not been resolved after consideration of the
foregoing and of further evidence presented by the parties or
requested by the Architect, the Architect will notify the parties
in writing that the Architect's decision will be made within
seven days, which decision shall be final and bmding on the t\A..)
parties <int GWliljllGt t9 QrQitmti~ Upon expiration of such time 'I"""
period, the Architect will render to the panies the Architect's A.,A
written decision relative to the Claim, including any change in /lP" 0--
the Contract Sum or Contract Time or both. If there is a surety
and there appears to be a possibility of a Contractor's default,
the Architect may, but is not obligated to, notify the surety and
request the surety's assistance in resolving the controversy.
4.5. ontroversles and Claims Subject to Arbitration. Any
con trove . or Claim arising out of or related to the Contract,
or the breac hereof, shall be settled by arbitration in accor-
dance with the struction Industry Arbitration Rules of the
American ArbitratiOI ssociation, and judgment upon the
award rendered by the a 'trator or arbitrators may be entered t'\&J
in any court having jurisdic thereof, except controversies 't~
or Claims relating to aesthetic ef and except those wai,ved as ..
provided for in Subparagraph 4.3. Such controversies or
Claims upon which the Architect has giv 10tice and rendered
a decision as provided in Subparagr;lph 4.4.4 all be subject to
arbitration upon written demand of either par Arbitration
may be commenced when 45 days have passed'a t . a Claim
has been referred to the Architect as provided in Paragra 4.3
ltHS 1'1.13 8SEiGi13R hGb B@8R r8n98r\19
12 A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIA<!l . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(){)(111
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Own d Contractor not resolved under Paragraph 4.4 shall,
if subject titration under Subparagraph 4.5,1, be decided
by arbitration in rdance with the Construction Industry
Arbitration Rules of the erican Arbitration Association cur-
rently in effect, unless the pa' mutually agree otherwise.
Notice of demand for arbitration sha filed in writing with
the other party to the Agreement between t wner and Con-
tractor and with the American Arbitration AsSOCI , and a
tration procee
d Contractor shall comply
!ration Claim may not be made until the earlier of (1) the
date on whic rchitect has rendered a final written deci-
. ~ sion on the Claim, (2) t th day after the parties have pre-
~/ sei1ted evidence to the Architect ve been given reasonable
- opportunity to do so, if the Architect ha rendered a- final
written decision by that date, or (.3) any of t events
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the cision is final but subject to arbitration and (2) a delnand
for arbit . n of a Claim covered by such decision must be
made within ays after the date on which the party making
the demand receive e final written decision, then failure to
demand arbitration with! id 30 days' period shall result in
the Architect's decision becom final and binding upon the
Owner and Contractor. If the Archite enders a decision after
arbitration proceedings have been initiate, ch decision may
be entered as evidence, but shall not supersede a . ration pro-
ceedings unless the decision i~ acceptable to a nies
Subparagraphs 4.5.1 and 4.5.4 and Clause
4.5.4.1 as app 1 nd in other cases within a reasonable
time after the Claim has an , d in no event shall it be made
after the date when institution of lega itable proceedings
based on such Claim would be barred by the ap' e statute
a ng out of or relating to the Contract Docun~ents shall
inch e, by consolidation or joinder or in any other manner,
the Arc 'tect, the Architect's employees or consultants, except
by writte onsent containing specific reference to the Agree-
ment and sig d by the Architect, Owner, Contractor arid any
other person or tit)' sought to be joined. No arbitration shall
include, by conso ation or joinder or in any other manner,
parties other than th wner, Contractor, a separate contrac-
tor as described in Artl 6 and other persons substantially
involved in a common que 'on of fact or law whose presence
is required if complete relief is be accorded in arbitration. No
person or entity other than the 0 er, Contractor or a separate
conmfctor as described in Article 6 ~, 11 be included as an orig-
inal third party or additional third part} 0 an arbitration whose
interest or responsibility is insubstantial. nsent to arbitration
involving an additional person or entity s 11 not constitute
consent to arbitration of a dispute not describe 1erein or with
a person or entity not named or described there . The fore.
going agreement to arbitrate and other agreements t arbitrate
with an additional person or entity duly consented to by arties
to the Agreement shall be specifically enforceable under a Ii.
files aof demand for arbitration must assert in the
demand all Claim known to that party on which arbitra- ~
tion is permitted to be dem When a party fails to include r-, __
a Claim through oversight, inadverte excusable neglect, p~
or when a Claim has matured or been acquire e uently,
arbitrator or' hall be final, and judgment may be~~ '
entered upon it in accordance . Ie law in any court
. . . . .
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 Subcon-
tractor. The term "Subcontractor" does not include a separate
contractor or subcontractors of a separate contractor.
5.1.2 A Sub-subcontractor is a person or entity who has a
direct or indirect contract with a Subcontractor to perform a
portion of the Work at the site. The term "Sub.subcontractor"
is referred to throughout the Contract Documents as if singular
in number and means a Sub-subcontractor or an authorized
representative of the Sub-subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER
CONTRACTS FOR PORTIONS OF THE WORK
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5.2.1 Unless otherwise stated in the Contract Documents or
the bidding requirements, the Contractor, as soon as prac-
ticable after award of the Contract, shall furnish in writing to
the Owner through the Architect the names of persons or enti-
ties (including those who are to furnish materials or equipment
fabricated to a special design) proposed for each principal por-
tion of the Work. The Architect will promptly reply to the Con-
:" tractor in writing stating whether or not the Owner or the
Architect, after due investigation, has reasonable objection to
any such proposed person or entity. Failure of the Owner or
Architect to reply promptly shall constitute notice of no reason-
able objection.
5.2.2 The Contractor shall not contract with a proposed per-
son or entity to whom the Owner or Architect has made rea-
sonable and timely objection., The Contractor shall not be
required to contract with anyone to whom the Contractor has
made reasonable objection.
5.2.3 If the Owner or Architect has reasonable objection to a
person or entity proposed by the Contractor, the Contractor
shall propose another to whom the Owner or Architect has no
reasonable objection. The Contract Sum shall be increased or
decreased by the difference in cost occasioned by such change
and an appropriate Change Order shall be issued. However, no
increase in the Contract Sum shall be allowed for such change
unless the Contractor has acted promptly and responsively in
submitting names as required.
5.2.4 The Contractor shaH not change a Subcontractor, person
or entity previously selected if the Owner or Architect makes
reasonable objection to such change,
A201.1987 13
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AIA<!J . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVEN:JE, N.W., WASHINGTON, D.C. 2000G
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5.3 SUBCONTRACTUAL RELATIONS
5.3.1 By appropriate agreement, written where legally required
for validity, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor,
to be bound to the Contractor by terms of the Contract Docu-
ments, and to assume toward the Contractor all the obligations
and responsibilities which the Contractor, by these Docu-
ments, assumes toward the Owner and Architect. Each subcon-
tract agreement shall preserve and protect the rights of the
Owner and Architect under thc Contract Documents with
respect to the Work to be performed by the Subcontractor so
that subcontracting thereof will not prejudice such rights, and
shall allow to the Subcontractor, unless specifically provided
otherwise in the subcontract agreement, the 'benefit of all
rights, remedies and redress against the Contractor that the
Contractor, by the Contract Documents, has against the
Owner. Where appropriate, the Contractor shall require each
Subcontractor to enter into similar agreements with Sub-sub-
contractors, The Contractor shall make available to each pro-
posed Subcontractor, prior to the execution of the subcontract
agreement, copies of the Contract Documents to which the
Subcontractor will be bound, and, upon written request of the
Subcontractor, identify to the Subcontractor terms and condi-
tions of the proposed subcontract agrecment which may be at
variance with the Contract Documents. Subcontractors shall
similarly make copies of applicable portions of such documents
available to their respective proposed Sub-subcontractors.
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
5.4.1 Each subcontract agreement for a portion of the Work is
assigned by the Contractor to the Owner provided that:
.1 assignment is effective only after termination of the
Contract by the Owner for cause pursuant to Para-
graph 14.2 and only for those subcontract agreements
which the Owner accepts by notifying the Subcon-
tractor in writing; and
.2 assignment is subject to the prior rights of the surety,
if any, obligated under bond relating to the Contract.
5.4.2 If the Work has been suspended for more than 30 days,
the Subcontractor's compensation shall be equitably adjusted.
ARTICLE 6
CONSTRUCTION BY OWNER
OR BY SEPARATE CONTRACTORS
6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION
AND TO AWARD SEPARATE CONTRACTS
6.1.1 The Owner reserves the right to perform construction or
operations related to the Project with the Owner's own forces,
and to award separate contracts in connection with other por-
tions of the Project or other construction or operations bn the
site under Conditions of the Contract identical or substantially
similar to these including those portions related to' insurance
and waiver of subrogation. If the Contractor claims that delay
or additional cost is involved because of such action by the
Owner, the Contractor shall make such Claim as provided else-
where in the Contract Documents.
6.1.2 When separate contracts are awarded for different por-
tions of the Project or other construction or operations on the
site, the term "Contractor" in the Contract Documents in each
case shall mean the Contractor who executes each separate
Owner-Contractor Agreement.
6.1.3 The Owner shall provide for coordination of the activi-
ties of the Owner's own forces and of each separate contractor
with the Work of the Contractor, who shall cooperate with
them. The Contractor shall participate with other separate con-
tractors and the Owner in reviewing their construction sched-
ules when directed to do so. The Contractor shall make any
revisions to the construction schedule and Contract Sum
deemed necessary after a joint review and mutual agreement.
The construction schedules shall then constitute the schedules
to be used by the Contractor, separate contractors and the
Owner until subsequently revised.
6.1.4 Unless otherwise provided in the Contract Documents,
when the Owner performs construction or operations related
to the Project with the Owner's own forces, the Owner shall be
deemed to be subject to the same obligations and to have the
same rights which apply to the Contractor under the Condi-
tions 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 con-
tractors reasonable opportunity for introduction and storage of
their materials and equipment and performance of their activi-
ties and shall connect and coordinate the Contractor's con-
struction and operations with theirs as required by the Contract
Documents.
6.2.2 If part of the Contractor's Work depends for proper
execution or results upon construction or operations by the
Owner or a separate contractor, the Contractor shall, prior to
proceeding with that portion of the Work, promptly report to
the Architect apparent discrepancies or defects in such other
construction that would render it unsuitable for such proper
execution and results. Failure of the Contractor so to report
shall constitute an acknowledgm'ent that the Owner's or sepa-
rate contractors' completed or partially completed construction
is fit and proper to receive the Contractor's Work, except as to
defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities
or defective construction shall be borne by the party responsi-
ble therefor.
6.2.4 The Contractor shall promptly remedy damage wrong-
fully caused by the Contractor to cornpleted or partially com-
pleted constnlction or to property of the Owner or separate
contractors as provided in Subparagraph] 0.2.5.
6.2.5 Claims and other disputes and matters in question
between the Contractor and a separate contractor shall be sub-
ject to the provisions of Paragraph 4.3 provided the separate
contractor has reciprocal obligations.
6.2.6 The Owner and each separate contractor shall have the
same responsibilities for cutting and patching as are described
for the Contractor in Paragraph 3.14.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises among the Contractor, separate con-
tractors and the Owner as to the responsibility under their
respective contracts for maintaining the premises and surround-
ing area free from was:e materials and rubbish as described in
Paragraph 3.15, the Owner may clean up and allocate the cost
among those responSible as the Architect determines to be just.
14
A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlAi!> . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, I 7:~5 NEW YORK AVENUE, N.w., WASHINGTON, D.C. 20(lU(,
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ARTICLE 7
CHANGES IN THE WORK
7.1 CHANGES
7.1.1 Changes in the Work may be accomplished "fter execu-
tion of the Contract, and without invalidating the Contract, by
Change Order, Construction Change Directive or order for a
minor change in the work, subject to the limitations stated in
this Article 7 and elsewhere in the Contract Documents.
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7.1.2 A Change Order shall be based upon agreernent among
the Owner, Contractor and Architect; a Construction Change
Directive requires agreement by the Owner and Architect and
mayor may not be agreed to by the Contractor; an order for a
minor change in the Work may be issued by the Architect
alone.
7.1.3 Changes in the Work shall be performed under appli-
cable provisions of the Contract Documents; and the Contrac-
tor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a
minor change in the \X1ork.
7.1.4 If unit prices are stated in the Contract Documents or
subsequently agreed upon, and if quantities originally con-
templated are so changed in a proposed Change Order or Con-
struction Change Directive that application of such unit prices
to quantities of Work proposed will cause substantial inequity
to the Owner or Contractor, the applicable unit prices shall be
equitably adjusted.
7.2 CHANGE ORDERS
7.2.1 A Change Order is a written instrument prepared by the
Architect and signed by the Owner, Contractor and Architect,
stating their agreement upon all of the following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if
any; and
.3 the extent of the adjustment in the Contract Time, if '
any.
7.2.2 Methods used in determining adjustments to the Contract
Sum may include those listed in Subparagraph 7.3.3.
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.1 A Construction Change Directive is a written order pre-
pared by the Architect and signed by the Owner and Architect,
directing" change in the Work and stating a proposed basis for
adjustment, if any, in the Contract Sum or Contract Time, or
both. The Owner may by Construction Change Directive,
without invalidating the Contract, order changes in the Work
within the general scope of the Contract consisting of addi-
tions, deletions or other revisions, the Contract Sum and Con-
tract Time being adjusted accordingly.
7.3.2 A Construction Change Directive shall be used in the
absence of total agreement on the terms of a Change Order.
7.3.3 If the Construction Change Directive provides 'for an
adjustment to the Contract Sum, the adjustment shall be based
on one of the following methods:
.1 mutual acceptance of a lump sum properly itemized
and supported by sufficient substantiating data to per-
mit evaluation;
.2 unit prices stated in the Contract Documents or sub-
sequently agreed upon;
.3 cost to be determined in a manner agreed upon by
the parties and a mutually acceptable fixed or percent-
age fee; or
.4 as provided in Subparagraph 7.3 .6.
7.3.4 Upon receipt of a Construction Change Directive, the
Contractor shall promptly proceed with the change in the
Work involved and advise the Architect of the Contractor's
agreement or disagreement with the method, if any, provided
in the Construction Change Directive for determining the pro-
posed adjustment in the Contract Sum or Contract Time.
7.3.5 A Construction Change Directive signed by the Contrac-
tor indicates the agreement of the Contractor therewith, includ-
ing adjustment in Contract Sum and Contract Time or the
method for determining them. Such agreement shall be effec-
tive immediately and shall be recorded as a Change Order.
7.3.6 If the Contractor does not respond promptly or disagrees
with the method for adjustment in the Contract Sum, the
method and the adjustment shall be determined by the Archi-
tect on the basis of reasonable expenditures and savings of
those performing the Work attributable to the change, includ-
ing, in case of an increase in the Contract Sum, a reasonable
allowance for overhead and profit. In such case, and also under
Clause 7.3.3.3, the Contractor shall keep and present, in such
form as the Architect may prescribe, an itemized accounting
together with appropriate supporting data. Unless otherwise
provided in the Contract Documents, costs for the purposes of
this Subparagraph 7.3.6 shall be limited to the following:
.1 costs of labor, including social security, old age and
unemployment insurance, fringe benefits required by
agreement or custom, and workers' or .workmen's
compensation insurance;
.2 costs of materials, supplies and equipment, includ-
ing cost of transportation, whether incorporated or
consumed;
.3 rental costs of machinery and equipment, exclusive of
hand tools, whether rented from the Contractor or
others;
.4 costs of premiums for all bonds and insurance, permit
fees, and sales, use or similar taxes related to the
Work; and
.5 additional costs of supervision and field office person.
nel directly attributahle to the change.
7.3.7 Pending final dctermination of cost to the Owner,
amounts not in dispute may be included in Applications for
Payment. The ;U11ount of credit to be allowed by the Contrac-
tor to the Owner for a deletion or change which results in a net
decrease in the Contract Sum shall be actual nct cost as con-
firmed by the Architect. \,\fhen both additions and credits
covering related Work or substitutions are involved in ;1
change, the allowance for overhead and profit shall be figured
on the basis of net increase, if any, with respect to that change.
7.3.8 If the Owner and Contractor do not agree with the
adjustment in Contract Time or the method for determining it,
thc adjustment or thc mcthod shall be rcferred to the Architect
for determination.
7.3.9 \'<'hen the Owner and Contractor agree with the deter-
mination made by the Architect concerning the adjustments in
the Contract Sum and Contract Time, or otherwise reach agree-
ment upon the adjustments, such agrecment shall bc effective
immediately and shall be recorded by preparation and execu-
tion of an appropriate Change Order.
AlA DOCUMENT A201 . GENERAL CONDtTIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20(Jo6
A201-1987 15
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7.4 MINOR CHANGES IN THE WORK
7.4.1 The Architect will have authority to order minor changes
in the Work not involving adjustment in the Contract Sum or
extension of the Contract Time and not inconsistent with the
intent of the Contract Documents, Such changes shall be
effected by written order and shall be binding on the Owner
and Contractor. The Contractor shall carry out such written
orders promptly.
ARTICLE 8
TIME
B.1 DEFINITIONS
B.1.1 Unless otherwise provided, Contract Time is the period
of time, including authorized adjustments, allotted in the Con.
tract Documents for Substantial Completion of the Work.
B.1.2 The date of commencement of the Work is the date
established in the Agreement. The date shall not be postponed
by the failure to act of the Contractor or of persons or entities
for whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified
by the Architect in accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall
mean calendar day unless otherwise specifically defined.
8.2 PROGRESS AND COMPLETION
8.2.1 Time limits stated in the Contract Documents are of the
essence of the Contract. By executing the Agreement the Con-
tractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agree-
ment or instruction of the Owner in writing, prematurely com-
mence operations on the site or elsewhere prior to the effective
date of insurance required by Article 11 to be furnished by the
Contractor. The date of commencement of the Work shall not
be changed by the effective date of such insurance, Unless the
date of commencement is established by a notice to proceed
given by the Owner, the Contractor shall notify the Owner in
writing not less than five days or other agreed period before,
commencing the Work to permit the timely filing of mortgages,
mechanic's liens and other security interests.
8.2.3, The Contractor shall proceed expeditiously with ade-
quate forces and shall achieve Substantial Completion within
the Contract Time.
8.3 DELAYS AND EXTENSIONS OF TIME
8.3.1 If the Contractor is delayed at any time in progress of the
Work by an act or neglect of the Owner or Architect, or of an
employee of either, or of a separate contractOr eli1ployed by
the Owner, or by changes ordered in ihe Work, or by labor
disputes, fire, unusual delay in deliveries, unavoidable casualties
or other causes beyond the Contractor's control, or by delay
authorized by the Owner pending arbitration, or by other
causes which the Architect determines may justify delay, then
the Contract Time shall be extended by Change Order for such
reasonable time as the Architect may determine.
8.3.2 Claims relating to time shall be made in accordance with
appliclble provisions of Paragraph 4.3.
8.3.3 This Paragraph 8.3 does not preclude recovery of dam-
ages for delay by either party under other provisions of the
Contract Documents,
ARTICLE 9
PA YMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract Sum is stated in the Agreement and, includ-
ing authorized adjustments, is the total amount payable by the
Owner to the Contractor for performance' of the Work under
the Contract Documents.
. 9.2 SCHEDULE OF VALUES
9.2.1 Before the first Application' for Payment, the Contractor
shall submit to the Arc.hitect a schedule of values allocated to
various portions of the Work, prepared in such form and sup-
ported 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 Applica-
tions for Payment.
9.3 APPLICATIONS FOR PAYMENT
9.3.1 At least ten days before the date established for each
progress payment, the Contractor shall subinit to the Architect
an itemized Application for Payment for operations completed
in accordance with the schedule of values. Such application
shall be notarized, if required, and supported by such data
substantiating the Contractor's right to payment as the Owner
or Architect may require, such as copies of requisitions from
Subcontractors and material suppliers, and reflecting retainage
if provided for elsewhere in the Contract Documents.
9.3.1.1 Such applications may include requests for payment on
account of changes in the Work which have been properly
authorized by Construction Change Directives but not yet
included in Change Orders,
9.3.1.2 Such applications may not include requests for pay-
ment of amounts the Contractor does not intend to pay to a
Subcontractor or material supplier because of a dispute or other
reason.
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 incor-
poration in the Work. If approved in advance by the Owner,
payment may similarly be made for materials and equipment
suitably stored off the site at a location agreed upon in writing.
Payment for materials and equipment stored on or off the site
shall be conditioned upon compliance by the Contractor with
procedures satisfactory to the Owner to establish the Owner's
title to such materials and equipment or otherwise protect the
Owner's interest, and shall include applicable insurance,
storage and transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by
an Application for Payment will pass to the Owner no later than
the time of payment. The Contractor further warrants that
upon submittal of an Application for Payment all Work for
which Certificates for Payment have been previously issued
and payments received from the Owner shall, to the best of the
Contractor's knowledge, information and belief, be free and
clear of liens, claims, security interests or encumbrances in
favor of the Contractor, Subcontractors, material suppliers, or
other persons or entities making a claim by reason of having
provided labor, materials and equipment relating t(l the Work.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Architect will, within seven days after receipt of the
Contractor's Application for Payment, either issue to the
16
A201-1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' t'()URTEENTH EDITION
AIA<!l . @1987 THE AMERICAN' INSTITUTE OF ARCHITECTS, 1755 NEW YORK AVENUE, N.W., WASl-ItNGTON, D,C. 20006
I 'i~\'.. ~ '",
Owner a Certificate for Payment, with a copy to the Contrac-
tor, for such amount as the Architect determines is properly
due, or notify the Contractor and Owner in writing of the
Architect's reasons for withholding certification in whole or in
part as provided in Subparagraph 9.5,1.
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9.4.2 The issuance of a Certificate for Payment will constitute a
representation by the Architect to the Owner, based on the
Architect's observations at the site and the data comprising the
Application for Payment, that the Work has progressed to the
point indicated and that, to the best of the Architect's knowl-
edge, information and belief, quality of the Work is inaccor-
dance with the Contract Documents. The foregoing representa-
tions are subject to an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, to
results of subsequent tests and inspections, to minor deviations
from the Contract Documents correctable prior to completion
and to specific qualifications expressed by the Architect. The
issuance of a Certificate for Payment will further constitute a
representation that the Contractor is entitled to payment in the
amount certified, However, the issuance of a Certificate for Pay.
ment will not be a representation that the Architect has (I)
made exhaustive or continuous on-site inspections to check the
quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3)
reviewed copies of requisitions received from Subcontractors
and material suppliers and other data requested by the Owner
to substantiate the Contractor's right to payment or (4) made
examination to ascertain how or for what purpose theContrac-
tor has used money previously paid on account of the Contract
Sum.
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9.5 DECISIONS TO WITHHOLD CERTIFICATION
9.5.1 The Architect may decide not to certify payment and
may withhold a Certificate for Payment in whole or in part, to
the extent reasonably necessary to protect the Owner, if in the
Architect's opinion the representations to the Owner required
by Subparagraph 9.4.2 cannot be made, If the Architect is
unable to certify payment in the amount of the Application, the
Architect will notify the Contractor and Owner as provided in
Subparagraph 9.4.1. If the Contractor and Architect cannot
agree on a revised amount, the Architect will promptly issue a
Certificate for Payment for the an10unt for which the Architect
is able to make such representations to the Owner. The Archi-
tect may also decide not to certify payment or, because of
subsequently discovered evidence or subsequent observations,
may nullify the whole or a part of a Certificate for Payment
previously issued, to such extent as may be necessary in the
Architect's opinion to protect the Owner from loss because of:
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicat-
ing probable filing of such claims;
.3 failure of the Contractor to make payments prop-
erly to Subcontractors or for labor, materials or
equipment;
.4 reasonable evidence that the Work cannot be com-
pleted for the unpaid balance of the Contract Sum;
.5 damage to the Owner or another contractor;
.6 reasonable evidence that the Work will not be com-
pleted within the Contract Time, and that the unpaid
b.alance would not be adequate to cover actual or
liquidated damages for the anticipated delay; or
.7 persistent failure to carry out the Work in accordance
with the Contract Documents.
9.5.2 When the above reasons for withholding certification are
removed, certification will be made for amounts previously
withheld.
9.6 PROGRESS PAYMENTS
9.6.1 After the Architect has issued a Certificate for Payment,
the Owner shall make payment in the manner and within the
time provided in the Contract Documents, and shaH so notify
the Architect.
9.6.2 The Contractor shall promptly pay each Subcontractor,
upon receipt of payment from the Owner, out of the amount
paid to the Contractor on account of such Subcontractor's por-
tion of the Work, the an10unt to 'which said SubcontractOr is
entitled, reflecting percentages actually retained from payments '
to the ContractOr on account of such Subcontractor's portion
of the Work. The Contractor shall, by appropriate agreement
with each Subcontractor, require each Subcontractor to make
payments to Sub-subcontractors in similar manner.
9.6.3 The Architect will, on request, furnish to a Subcontrac-
tor, if practicable, information regarding percentages of com-
pletion or amounts applied for by the Contractor and action
taken thereon by the Architect and Owner on account of por-
tions of the Work done by such Subcontractor.
9.6.4 Neither the Owner nor Architect shall have an obligation
to payor to see to the payment of money to a Subcontractor
except as may otherwise be required by law.
9.6.5 Payment to material suppliers shall be treated in a manner
similar to that provided in Subparagraphs 9.6.2, 9.6,3 and 9.6.4.
9.6.6 A Certificate for Payment, a progress payment, or partial
or entire use or occupancy of the Project by the Owner shall
not constitute acceptance of Work not in accordance with the
Contract Documents. .
9.7 FAILURE OF PAYMENT
9.7.1 If the Architect does not issue a Certificate for Payment,
through no fault of the Contractor, within seven days after
receipt of the Contractor's Application for Payment, or if the
Owner does not pay the Contractor within seven days after the
date established in the Contract Documents the amount cer- Ill..J
tified by the Architect M ~m~r-:J.o-:J QY M';>:>eM'\{n, then the Con- .,..-
tractor may, upon seven additional days' written notice to the '#_,i---
Owner and Architect, stop the \Xfork until payment of the /tV
amount owing has been received. The Contract Time shall be
extended appropriately and the Contract Sum shall be
increased by the amount of the Contractor's reasonable costs of
shut-down, delay and start-up, which shall be accomplished as
provided in Article 7.
9.8 SUBSTANTIAL COMPLETION
9.8.1 Substantial Completion is the stage in the progress of the
Work when the Work or designated portion thereof is suffi-
ciently complete. in accordance with the Contract Documents
so the Owner can occupy or utilize the \X'ork for its intended
use.
9.8.2 When the Contractor considers that the Work, or a por-
tion thereof which the Owner agrees to accept separately, is
substantially complete, the Contractor shall prepare and submit
to the Architect a comprehensive list of items to be completed
or corrected. The Contractor shall proceed promptly to com-
plete and correct items on the list. Failure to include an item on
such list does not alter the responsibility of the Contractor to
complete all Work in accordance with the Contract Docu-
ments, Upon receipt of the Contractor's list, the Architect will
make an inspection to determine whether the Work or desig.
AlA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA <!l · @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A201.1987 17
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nated portion thereof is substantially complete. If the
Architect's inspection discloses any item, whether or not
included on the Contractor's list, which is not in accordance
with the requirements of the Contract Documents, the Contrac-
tor shall; before issuance of the Certificate of Substantial Com-
pletion, complete or correct such item upon notification by the
Architect. The Contractor shall then submit a request for
another inspection by the Architect to determine Substantial
Completion.' When the Work or designated portion thereof is
substantially complete, the Architect will prepare a Certificate
of Substantial Completion which shall establish the date of Sub-
stantial Completion, shall establish responsibilities of the
Owner and Contractor for security, maintenance, heat, utilities,
damage to the Work and insurance, :md shall fix the time
within which the' Contractor shall finish all items on the list
accompanying the Certificate. Warranties required by the Con-
tract Documents shall commence on the date of Substantial
Completion of the Work or designated portion thereof unless
otherwise provided in the Certificate of Substantial Comple-
tion. The Certificate of Substantial Completion shall be sub-
mitted to the Owner and Contractor for their written accep-
tance of responsibilities assigned to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated
portion thereof and upon application by the Contractor and
certification by the Architect, the Owner shall make payment,
reflecting adjustment in retainage, if any, for such Work or por-
tion thereof as provided in the Contract Documents.
9.9 PARTIAL OCCUPANCY OR USE
9.9,1 The Owner may occupy or use any completed or par-
tially completed portion of the Work at any stage when such
portion is designated by separate agreement with the Contrac-
tor, provided such occupancy or use is consented to by the
insurer as required under Subparagraph 11.3.11 and authorized
by public authorities having jurisdiction over the Work. Such
partial occupancy or use may commence whether or not the
portion is substantially complete, provided the Owner and
Contractor have accepted in writing the responsibilities
assigned to each of them for payments, retainage if any, secu-
rity, maintenance, heat, utilities, damage to the Work and insur-
ance, and have agreed in writing concerning the period for cor-
rection of the Work and commencement of warranties
required by the Contract Documents. When the Contractor
considers a portion substantially complete, the Contractor shall
prepare and submit a list to the Architect asprovide(j under
Subparagraph 9,8.2. Consent of the Contractor to partial occu'
pancyor use shaIl not be unreasonably withheld, The stage of
the progress of the Work shall be determined by written agree-
ment between the Owner and Contractor or, if no agreement is
reached, by decision of the Architect.
9.9.2 Immediately prior to such partial occupancy or use, the
Owner, Contractor and Architect shall jointly inspect the area
to be occupied or portion of the Work to be used in order to
determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use
of a portion or portions of the Work shall not constitute accep'
tance of Work not complying with the requirements of the
Contract Documents.
9.10 FINAL COMPLETION AND FINAL PAYMENT
9.10.1 Upon receipt of written notice that the Work is'ready
for final inspection and acceptance and upon receipt of a final
Application for Payment, the Architect will promptly make
such inspection and; when the Architect finds the Work accept-
able under the Contract Documents and the Contract fully per-
formed, the Architect will promptly issue a final Certificate for
Payment stating that to the best of the Architect's knowledge,
information and belief, and on the basis of the Architect's
observations and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Docu-
ments and that the entire balance found to be due the Contrac-
tor and noted in said final Certificate is due and payable. The
Architect's final Certificate for Payment will' constitute a further
representation that conditions listed in Subparagraph 9.10.2 as
precedent to the Contractor's being entitled to final payment
have been fulfilled.
9.10.2 Neither final payment nor any rema1l1ll1g retained
percentage shall become due until the Contractor submits to
the Architect (I) an affidavit that payrolls, bills for materials and
equipment, and other indebtedness connected with the Work
for which the Owner or the Owner's property might be
responsible or encumbered (less amounts withheld by Owner)
have been paid or otherwise satisfied, (2) a certificate evidenc-
ing that insurance required by the Contract Documents to
remain in force after final payment'is currently in effect and will
not be cancelled or allowed to expire until at least 30 days'
prior written notice has been given to the Owner, (3) a written
statement that the Contractor knows of no substantial reason
that the insurance will not be renewable to cover the period
required by the Contract Documents, (4) consent of surety, if
any, to final payment and (5), if required by the Owner, other
data establishing payment or satisfaetion of obligations, such as
receipts, releases and waivers of liens, claims, security interests
or encumbrances arising out of the Contract, to the extent and
in such form as may be designated by the Owner. If a Subcon-
tractor refuses to furnish a release or waiver required by the
,Owner, the Contractor may furnish a bond satisfactory to the
Owner to indemnify the Owner against such lien. If such lien
remains unsatisfied after payments are made, the Contractor
shall refund to the Owner all money that the Owner may be
compelled to pay in discharging such lien, including all costs
and reasonable attorneys' fees.
9.10.3 If, after Substantial Completion of the Work, final com-
pletion thereof is materially delayed through no fault of the
Contractor or by issuance of Change Orders affecting final
completion, and the Architect so confirms, the Owner shall:
upon application by the Contractor and certit1cation by the
Architect, and without terminating the Contract, make payment
of the balance due for that portion of the Work fully completed
and accepted, If rhe remaining balance for Work not fully com-
pleted or corrected is less than retainage stipulated in the Con-
tract Documents, and if bonds have been furnished, the written
consent of surety to payment of the balance due for that por-
tion of the Work fully completed and accept~d shall be submit-
ted 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. The making of final payment shall
constitute a waiver of claims by the O",;ner as provided in Sub-
paragraph 4.3.5.
9.10.4 Acceptance of final payment by the Contractor, a Sub-
contractor 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. Such waivers shall be in addition to
the waiver described in Subparagraph 4.3.5.
18
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AlA DOCUMENT A201 . GENERAL- CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlAe!> . @1987THEAMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2ll006
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ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 The Contractor shall be responsible for initiating, main-
taining and supervising all safety precautions and programs in
connection with the performance of the Contract.
10.1.2 In the event the Contractor encounters on the site
material reasonably believed to be asbestos or polychlorinated
biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected
and report the condition to the Owner and Architect in writing.
The Work in the affected area shall not thereafter be resumed
except by written agreement of the Owner and Contractor if in
fact the material is asbestos or polychlorinated biphenyl (PCB)
and has not been rendered harmless. The Work in the affected
area shall be resumed in the absence of asbestos or polychlori-
nated biphenyl (PCB), or when it has been rendered harmless,
by written agreement of the Owner and Contractor, or in
accordance with final determination by the Architect on which
arbitration has nor been demanded, or by arbitration under
Article 4.
10.1.3 The Contractor shall not be required pursuant to Article
7 to perforrn without consent any Work relating to asbestos or
polychlorinated biphenyl (PCB).
10.1.4 To the fullest extent permitted by law, the Owner shall
indemnify and hold harmiess the Contractor, Architect, Archi-
tect's consultants and agents and employees of any of them
from and against claims, damages, losses and expenses, includ-
ing but not limited to attorneys' fees, arising Out of or resulting
from performance of the Work in the affected area if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and has
not been rendered harmless, provided that such claim, damage,
loss or expense is attributable to bodily injury, sickness, disease
or death, or to injury to or destruction of tangible property
(other than the Work itself) including loss of use resulting
therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of the Owner, anyone directly or
in'directly employed by the Owner or anyone for whose acts
the Owner may be liable, regardless of whether or not such
claim, damage, loss or expense is caused in part by a party
indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a party or person
described in this Subparagraph 10.1.4.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor shall take reasonable precautions for
safety of, and shall provide reasonable protection to prevent
d;u11age, injury or loss to:
.1 employees on the Work and other persons who may
be affected thereby;
.2 the Work al1d materials and equipment to be incorpo-
rated therein, whether in storage on or off the site,
under care, custody or control of the Contractor or
the Contractor's Subcontractors or Sub~subcontrac-
tors; and
.3 other property at the site or adjacent thereto, such as
trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal, relo-
cation or replacement in the course of construction.
10.2.2 The Contractor shall give notices and comply with
applicable laws, ordinances, rules, regulations and lawful orders
of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by
existing conditions and performance of the Contract, reason-
able safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating
safety regulations and notifying owners and users of adjacent
sites and utilities.
10.2.4 When use or storage of explosives or other hazardous
materials or equipment or unusual methods are necessary for
execution of the Work, the Contractor shall exercise utmost
care and carryon such activities under supervision of properly
qualified personnel.
10.2.5 The Contractor shall promptly remedy dan1age and loss
(other than damage or loss insured under property insurance
required by the Contract Documents) to property referred to in
Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the
Contractor, a Subcontractor, a Sub-subcontractor, or anyone
directly or indirectly employed by any of them, or by anyone
for whose acts they may be liable and for which the Contractor
is responsible under Clauses 10.2.1.2 and 10.2.1.3, except
damage or loss attributable to acts or omissions of the Owner
or Architect or anyone directly or indirectly employed by
either of them, or by anyone for whose acts either of them may
be liable, and not attributable to the fault or negligence of the
Contractor. The foregoing obligations of the Contractor are jn
addition to the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of
the Contractor's organization at the site whose duty shall be the
prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor
in writing to the Owner and Architect.
10.2.7 The Contractor shall not load or permit any part of the
construction or site to be loaded so as to endanger its safety.
10.3 EMERGENCIES
10.3.1 In an emergency affecting safety of persons or property,
the Contractor shall act, at the Contractor's discretion, to pre-
vent threatened damagc, injury or luss. Additiunal cumpensa-
tion or extension of timc claimed by the Contractor on account
of an emergcncy 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 authorized to do business in
the jurisdiction in which the Project is located such insurance as
will protect the Contractor from claims set forth below which
may arise Out of .or result from the Contractor's operations
under the Contract and for which the Contractor may be legally
liable, 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' or workmen's compensation,
disability benefit :md other similar employee benefit acts
which are applicable to the Work to be performed;
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIA<!l . @1987 THE AMERICAN INSTITUTE OF ARCHtTECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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claims for damages because of bodily injury, occupa-
tional sickness or disease, or death of the Contractor's
employees;
claims for damages because of bodily injury, sickness
or disease, or death of any person other than the Con-
tractor's employees;
claims for damages insured by usual personal injury
liability coverage which are sustained (I) by a person
as a result of an offense directly or indirectly related to
employment of such person by the Contractor, or (2)
by another person;
claims for damages, other than to the Work itself,
because of injur)' to or destruction of tangible prop-
erty, including loss of use resulting therefrom;
claims for damages because of bodily injury, death of
a person or property damage arising out of owner-
ship, maintenance or use of a motor vehicle; and
claims involving contractual liability insurance appli-
cable to the Contractor's obligations under Paragraph
3.18.
11.1.2 The insurance required by Subparagraph 11.1.1 shall be
written for not less than limits of liability specified in the Con-
tract Documents or required by law, whichever coverage is
greater. Coverages, whether written on an occurrence or
claims-made basis, shall be maintained without interruption
from date of commencement of the Work until date of final
payment and termination of any coverage required to be main-
tained after final payment.
11.1.3 Certificates of Insurance acceptable to the Owner shall
be filed with the Owner prior to commencement of the Work.
These Certificates and the insurance policies required by this
Paragraph 11.1 shall contain a provision that coverages
afforded under the policies will not be cancelled or allowed to
expire until at least 30 days' prior written notice has been given
to the Owner. If any of the foregoing insurance coverages are
required to remain in force after final payment and are reason-
ably available, an additional certificate evidencing continuation
of such coverage shall be submitted with the final Application
for Payment as required by Subparagraph 9.10.2. Information
concerning reduction of coverage shall be furnished by the
Contractor with reasonable promptness in accordance with the
Contractor's information and belief.
Owner shall be responsible for purchasing and
mainta1l1111g t wner's usual liability insurance. Optionally,
the Owner may purc d maintain other insurance for self-
protection against claims ~. may arise from operations
under the Coniract. The Contracto I not be responsible
for purchasing and maintaining this option wner's liability
insurance unless specifically required by t 1 ontract -
. 11.3 PROPERTYINS~~~
~11'3'1 JlRl0BB 8tl'lorT'is8 I'rS"i888, tl'l8 Q,"n.r shall purchase
and maintain, in a company or companies lawfully authorized
-' 'to do business in the jurisdiction in which the' Project is
located, property insurance in the amount of the initial Con-
tract Sum as well as subsequent modifications thereto for the
entire Work at the site on a replacement cost basis without vol-
untary deductibles. Such property insurance shall be main-
tained, unless otherwise provided in the Contract Documents
or otherwise agreed in writing by all persons and entities who
are beneficiaries of such insurance, until final payment has been
made as provided in Paragraph 9.10 or until no person or entity
other than the O'.Yner has an insurable interest in the property
required by this Paragraph 11.3 to be covered, whichever is
earlier. This insurance shall include interests of the Owner, the
Contractor, Subcontractors and Sub-subcontractors in the
Work,
11.3.1.1 Property insurance shall be on an all-risk policy form
and shall insure against the perils of fire and extended coverage
and physical loss or damage induding, without duplication of
coverage, theft, vandalism, m.a1icious mischief, collapse, false;
work, temporary buildings and debris removal including
demolition occasioned by enforcement of any applicable legal
requirements, and shall cover reasonable compensation for
Architect's services and expenses required as a result of such
insured loss. Coverage for other perils shall not be required
unless otherwise provided in the Contract Documents.
ranee required by the Contract and with all of the
coverages he amount described above, the Owner shall so
inform the Con tor in writing prior to commencement of
the Work. The ContI' r may then effect insurance which will
protect the interests of the tractor, Subcontractors and Sub-
subcontractors in the Work, an a propriate Change Order
the cost thereof shall be charged to th wner. If the Contrac-
tor is dan1aged by the failure or neglect 0 Owner to pur-
chase or maintain insurance as described above, 'ithout so
notifying the Contractor, then the Owner shall bear aI son-
1#.
bles a ch deductibles are identified in the Contract Docu-
ments, the ractor shall pay costs not covered because of
such deductibles. Owner or insurer increases the required qf
minimum deductibles a the amounts so identified or if the
Owner elects to purchase this rance with voluntary deduc- ~tdJ
tible amounts, the Owner shall be I' nsible for payment of
the additional costs not covered because ch increased or
voluntary deductibles. If deductibles are not i . led in the
Contract Documents, the Owner shall pay costs not 'ered
11.3.1.4 Unless otherwise provided in the Contract Docu-
ments, this property insurance shall cover portions of the Work
stored off the site after written approval of the Owner at the
value established in the approval, and also portions of the. Work
in transit,! i.L '-
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11.3.2 Boller and Machinery Insurance. 8 gTA ie' shall
purchase and maintain boiler and machinery insurance
required by the Contract Documents or by law, which shall
specifically cover such insured objects during installation and
until final acceptance by the Owner; this insurance shall include
interests of the Owner, Contractor, Subcontractors and Sub-
subcontractors in the Work, and the Owner and Contractor
shall be n~med insureds. .
11.3.3 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
dlie to fire or other hazards, however caused. Th8 Q?'l<lIr
~'RiuQS Ell] rights sf 89ti@R RgaiR.tt tJ"'f' ('~"\....tr.y.t-'?r" F?r L)C'C' ,,( IlCP.
l1f th8 Qry'RS['C ~r9F~rt~., i~~l'l?l"lB ~Q""r"""T1,o.>'"'ti",1 1,',,~C'p.I..' ~ll1P t{)
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risks othe ose described herein or for other special haz-
ards be included in t t, insurance policy, the Owner
shall, if possible, include such insu cl the cost thereof
shall be charged to the Contractor by appr hange
20 A201-1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20u06
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i sures properties, real or personal or both, adjoining or a
c t to the site by property insurance under policies sepa
fr 1 those insuring the Project, or if after final payment op-
ert insurance is to be provided on the completed P ject
thro h a policy or policies other th;m those insuring th Proj-
ect d ring the construction period, the Owner shall w 've all
rights accordance with the terms of Subparagraph 1 ,3.7 for
damag caused by fire or other perils covered by thi separate
propert insurance. All separate policies shall pr ide this
waiver 0 subrogation by endorsement or otherwis .
11.3.6 Bd re an exposure to loss may occur, the Owner shall
file with th Contractor a copy of each policy that includes
insurance c erages required, by this paragra h 11.3. Each
policy shall c ntain all generally applicable co ditions, defini-
tions, exclusio s and endorsements related to is Project. Each
policy shail co tain a provision that the p licy will not be
cancelled or allo ed to expire until at least days' prior writ-
ten notice has be n given to the Contract .
ubrogatlon. The 0 ner and Contractor
waive all rights agai t (1) each other an any of their subcon-
tractors, sub-subcont ctors, agents and mployees, each of the
other, and (2) the Ar 1itect, Architec s consultants, separate
contractors described i Article 6, if y, and any of their sub-
contractors, sub-subco tractors, ag nts and employees, for
dan1ages caused by fire 0 other per's to the extent covered by
property insurance obtain d pursu 1t to this Paragraph 11.3 or
other property insurance a plica e to the Work, except such
rights as they have to proc ds f such insurance held by the
Owner as fiduciary. The 0 er or Contractor, as appropriate,
shall require of the Architect, chitect's consultants, separate
contractors described in Artic 6, if any, and the subcontrac-
tors, sub-subcontractors, age s nd employees of any of them,
by appropriate agreements, rit n where legally required for
validity, similar waivers ea 1 in vor of other parties enum-
erated herein. The policies hall pr vide such waivers of subro-
gation by endorsement 0 otherwi '. A waiver of subrogation
shall be effective as to a erson or e tity even though that per-
son or entity would ot rwise have duty of indemnification,
contractual or otherwi e, did not pa) the insurance premium
directly or indirectly, nd whether or I ot the person or entity
had an insurable int est in the proper! damaged.
11.3.8 A loss insur d under Owner's pro
be adjusted by th Owner as fiduciary and
Owner as fiduci ry for the insureds, as t Jell' mterests may
appear, subject 0 requirements of any ap icablc mortgagee
clause and of S bparagraph 11.3.10. The COI tractor shall pay
Subcontractor their just shares of insurance p ceeds received
by the Cont ,lctor, and by appropriate agree ents, written,
where legall required for validity, shall require bcontractors
to make yments to their Sub.subcontracto s in similar
manner.
11.3.9 'If. required in writing by a party in interest,
as fidu ary shall, upon occurrence of an insured
bond D r proper performance of the Owner's duties. he cost
of re ired bonds shaH be charged against proceeds rec ived as
fiduc'gry. The Owner shall deposit in a separate accou t pro-
cee so received, which the Owner shaH distribute in ccor-
da -e with such agreement as the parties in interest may r ach,
or III accordance with an arbitration award in which case the
p ocedure shall be as provided in Paragraph 4.5. If afte'r s ch
ss no other special agreement is made, replacement of da
11.3.10 The Owner as fiduciary shall have power to adjust and
settle a loss with insurers unless one of the parties in interest
shall object in writing within five days after occurrence of loss'
to the Owner's exercise of this power; if W<>R Q1;?j'i(;:ti9R ~e c;?
j;JVlriP, 'lrhitr'ltr\rc ch"lll hp rhr'\cpn 'It: rrr'\uirlp,.-l in P"lr'lgr'lrh L1 "
TRil OC"A8r lib t:js'oI€iaf:'/ bRall, iA thllt €at:8, R'lIlIC8 b8tt18A'l8At Iil'ilh ~
ilitt;1JrfUE iR af:~9rg9J1f:ij --:-'itR 9ir@G:tioRE: BE SlJ€ih Q{8itrHt8rs~ If .,
..ictri~M[i19~ gf iR[11r~r'\<,~ p"Q<,e~Q. Q)' ..,rhitr~tiQr'l if rP1lJjrp~, Il'''
tQ~.'..,r?itr~tQrf "rill <j;r~~t f'f<;:'~ ?;f"r;?"t;~H'"
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11.3.11 Partial occupancy or use in accordance with Paragraph
9.9 shall not commcnce until the insurance company or com-
panies providing property insurance have consented to such
partial 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 PERFORMANCE BOND AND PAYMENT BOND
_ 1J,.f.1 'ffll! Q..I'Il!r BR8.1l RIlP@ 1I~8 ~igRt t~ r1/~'lir'i~ Contracp"
'2)~ furnish bonds covering faithful performance of the Con- .
tract and payment of obligations arising thereunder as ~ ~
hlt88 iR 13i8Eiiflg r8~Min!FR8Rtc fIr bFgt;:iiJ~wl~' ri<;J'lic~<j iR thy .
a"t QQ'R'l~t[ 9~1l 91ltli 9f liY,"'lti9A 9f tRll C9Atmllt.
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11,4. Upon the re~uest of anl person or entity appearing to
be a potential beneficiary of bonds covering pa}'ment of obliga-
tions arising undcr the Contract, the Contractor shall promptly
furnish a copy of the bonds or shall permit a copy to be made,
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 If a portion of the Work is covered contrary to the
Architect's request or to requirements specifically expressed in
the Contract Documents, it must, if required in writing by the
Architect, be uncovered for the Architect's observation and be
replaced at the Contractor's expense without change in the
Contract Time.
12.1.2 If a portion of the Work has been covered which the
Architect has not specifically requested to observe prior to its
being covered, the Architect may request to see such Work and
it shall be uncovered by the Contractor. If such Work is in
accord;U1ce with the Contract Documents, costs of uncover-
ing and replacement shall, by appropriate Change Orcler, be
charged to the Owner. If such Work is not in accordance with
the Contract Documems, the Contractor shall pay such costs
unless the condition was causcd by the Owner or a separate
comractor in which event the Owner shall be responsible fi)r
'payment of such costs.
12.2 CORRECTION OF WORK
12.2,1 The Contractor shall promptly correct \Xfork rejected
by the Architect or failing to conform to the requirements of
the Contract Documents, whether observed before or after
Substantial Completion and whether or not fabricated, installed
or completed. The Contractor shall' bear costs of correcting
such rejected Work, including additional testing and inspec-
tions and compensation for the Architect's services and
expenses made necessary thereby.
12.2.2 If, within one year after thc date of Substantial Comple-
tion of the Work or designated portion thereof, or after the date
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1755 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20()o6
A201-1987 21
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for commencement of warranties established under 'Sub,
paragraph 9.9.1, or by terms of an applicable special warranty
required by the Contract Documents, any of the Work is found
to be not in accordance with the requirements of the Contract
Documents, the Contractor shall correct it promptly after
receipt of written notice from the Owner to do so unless the
Owner has previously given the Contractor a written accep.
tance of such condition. This period of one year shall be
extended with respect to portions of Work first performed after
Substantia! Completion by the period of time between Substan-
tial Completion and the actual performance of the Work. This
obligation under this Subparagraph 12,2.2 shall survive accep-
tance of the Work under the Contract and termination of the
Contract. The Owner shall give such notice promptly after dis-
covery of the condition.
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12.2.3 The Contractor shall remove from the site portions of
the Work which are not in accordance with the requirements
of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work
within a reasonable time, the Owner may correct it in accor-
dance with Paragraph 2.4. If the Contractor does n01: proceed
with correction of such nonconforming Work within a reason-
able time fixed by written notice from the Architect, the Owner
may remove it and store the salvable materials or equipment at
the Contractor's expense. If the COntractor does not pay COSts
of such removal and storage within ten days after written
notice, the Owner may upon ten additional days' written
notice sell such materials and equipment at auction or at private
sale and shall account for the proceeds thereof, after deducting
costs and damages that should have been borne by the Con-
tractor, including compensation for the Architect's services and
expenses made necessary thereby. If such proceeds of sale do
not cover costs which the Contractor should have bori1e, the
Contract Sum shall be reduced by the deficiency. If payments
then or thereafter due the Contractor are nOt sufficient to cover
such amount, the Contractor shall pay the difference to the
Owner.
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12.2.5 The Contractor shall bear the cost of correcting
destroyed or damaged construction, whether completed or
partially completed, of the Owner or separate contractors
caused by the Contractor's correction or removal of Work
which is not in accordance with the requirements of the Con-
tract Documents. '
12.2.6 Nothing contained in this Paragraph 12.2 shall be con-
strued to establish a period of limitation with respect to other
obligations which the Contractor might have under the 'Con-
tract Documents. Establishment of the time period of one year
as described in Subparagraph 12.2.2 relates only to the specific
obligation of the Contractor to correct the Work" and has no
relationship to the time within which the obligation to comply
with the Contract Documents may be sought to be enforced,
nor to the time within wl1ich proceedings may be commenced
to establish the Contractor's liability with respect to the Con-
tractor's obligations other than specifically to correct the Work.
12.3 ACCEPTANCE OF NONCONFORMING WORK
12.3.1 If the Owner prefers to accept Work which is not in
accordance with the requirements of the Contract Documents,
the Owner may do so instead of requiring its removal ;md cor.
rection, in which case the Contract Sum will be reduced as
appropriate and equitable. Such adjustment shall be effected
whether or not final payment has been made.
ARTICLE 13 '
MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be governed by the Jaw of the place
where the Project is located.
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owner and Contractor respectively bind them-
selves, their partners, successors, assigns and legal representa-
tives to the other party hereto and to partners, successors,
assigns and legal representatives of such other party in respect
to covenants, agreements and obligatitins contained in the Con-
tract Documents, Neither party to the Contract shall assign the
Contract as a whole without written consent of the other. If
either party attempts to make such an assignment without such
consent, that party shall nevertheless remain legally responsible
for all obligations under the Contract.
13.3 WRITTEN NOTICE
13.3.1 \Vritten notice shall be deemed to have been duly
served if delivered in person to the individual or a member of
the firm or entity or to an officer of the corporation for which it
was intended, or if delivered at or sent by registered or certified
mail to the last business address known to the party giving
notice.
13.4 RIGHTS AND REMEDIES
13.4.1 Duties and obligations imposed by the Contract Docu-
ments and rights and remedies available thereunder shall be in
addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Architect or
Contractor shall constitute a waiver of a right or duty afforded
them under the Contract, nor shall such action or failure to act
constitute approval of or acquiescence in a breach thereunder,
except as may be specifically agreed in writing.
13.5 TESTS AND INSPECTIONS
13.5.1 Tests, inspections and approvals of portions of the
Work required by the Contract Documents Of by laws, ordi-
nances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless other-
wise provided, the Contractor shall make arfangements for
such tests, inspections and approvals with an independent test-
ing laboratory or entity acceptable to the Owner, or with the
appropriate public authority, and shall bear all related costs of
tests, inspections and approvals. The Contractor shall give the
Architect timely notice of when and where tests and inspec-
tions are to be made so the' Architect may observe such proce-
dures, The Owner shall bear costs of tests, inspections or
approvals which do not become requirements until after bids
are received or negotiations concluded.
13.5.2 If the Architect, Owner or public authorities having
jurisdiction determine that portions of the Work require addi-
tional testing, inspection or approval not included under Sub-
paragraph 13.5.1, the Architect will, upon written authorization
from the Owner, instruct the Contractor to make arrangements
for such additional testing, inspection or approval by an entity
.acceptable to the Owner, and the Contractor shall give timely
notice to the Architect of when and where tests and inspections
are to be made so the Architect may observe such procedures.
22
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AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
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The Owner shall bear such costs except as provided in Sub-
paragraph 13.5.3.
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13.5.3 If such procedures for testing, inspection or approval
under Subparagraphs 13.5.] and 13.5,2 reveal failure of the
portions of the Work to comply with requirements established
by the Contract Documents, the Contractor shall bear all costs
made necessary by. such failure including those of repeated
procedures and compensation for the Architect's services and
expenses.
13.5.4 Required certificates of testing, inspection or approval
shall, unless otherwise required by the Contract Documents, be
secured by the Contractor and promptly delivcred to rhe
Architect.
13.5.5 If the Architect is to observe tests, inspections or
approvals required by the Contract Documents, the Architect
will do so promptly and, where practicable, at the normal place
of testing.
13.5.6 Tests or inspections conducted pursuant to the Con-
tract Documents shall be made promptly to avoid unreasonable
delay in the Work.
13'.6 INTEREST
13.6.1 Payments due and unpaid under the Contract Docu-
ments shall bear interest from the date payment is due at such
rate as the parties may agree upon in writing or, in the absence
thereof, at the legal rate prevailing from time to time at the place
where the Project is loclled.
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 occurring prior to the relevant date of Substan-
tial Completion, any applicable statute of limitations
shall commence to run and any alleged cause of action
shall be deemed to have accrued in any and all events
not later than such date of Substamial Completion;
.2 Between Substantial Completion and Final Certifi-
cate for Payment. As to acts or failures to act occur-
ring subsequent to the relevant date of Substantial
Completion and prior to issuance of the final Certifi-
cate for Payment, any applicable statute of limitations
shall commence to run and any alleged cause of
action shall be deemed to have accrued in any and all
events not later than the date of issuance of the final
Certificate for Payment; and
.3 After Final Certificate for Payment. As to acts or
failures to act occurring after the relevant date of issu-
ance of the final Certificate for Payment, any appli-
cable statute of limitations shall commence to run and
any alleged cause of action shall be deemed to have
accrued in any and all events not later th;lIl the date of
any act or failure to act by the Contractor pursuant to
any warranty provided under Paragraph 3.5, the date
of any correction of the Work or failure to correct the
Work by the Contractor under Paragraph 12.2, or the
date of actual commission of any other act or failure
to pcrform 'any duty or obligation by the'C:ontractor
or Owner, whichever occurs last.
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 stopped for a period of 30 days through no act or fault of the
Contractor or a Subcontractor, Sub-subcontractor or their
agents or employees or any other persons performing portions
of the Work under .contract with the Contractor, for any of the
following reasons:
.1 issuance of an order of a court or other public author-
ity having jurisdiction;
.2 an act of government, such as a declaration of national
emergency, making material unavailable;
."r"J. h."'''''';:1' li'~ th-? .\ ..,...h;t,o......t 'h""C' t"\Qt lfl11,oj " \""..tifir'1tP fAr
.pS1:r...."'~nt tl};lQ b~u pgt n9tif)~Q th~ C9r"'ltr~1('tnr ?f thD ~
rll~rG'R far ';"it[;}h9Igil~8 Qgrtit:i~fiItigR ~r F.?..;r1~<;.j in 'f'.~ ,
::::7.:::ii:"~:~:;~;: E.:~~~'~"; P:f'
.4 if repeated suspensions, delays or interruptions by the
Owner as described in Paragraph 14.3 constitute in
the aggregate more than] 00 percent of the total num-
ber of days scheduled for completion, or 120 days in
any 365-day period, whichever is less; or
.5 the Owner has failed to furnish t<J the Contractor
promptly, upon the Contractor's request, reasonable
evidence as required by Subparagraph 2.2.1.
14.1.2 If one of the above reasons exists, the Contractor may,
upon seven additional days' written notice to the Owner and
Architect, terminate the Contract and recover from the Owner
payment for Work executed and for proven loss with respect
to materials, equipment, tools, and constntction equipment ~
:'~l~~:chinery,_ ;"rl"rl,,,s r~~f"n~~l\l ""~rll\l'lg, pnt:it ('R9, iJ~jJ
14.1.3 If the Work is stopped for a period of 60 days through r d"
. no act or fault of the Contractor or a Subcontractor or their
agents or employees or any other persons performing portions
of the '-York under contract with the Contractor because the
Owner has persistently failed to fulfill the Owner's obligations
under the Contract Documents with respect to matters impor.
tant to the progress of the Work, the Contractor may, upon
seven additional days' written notice to the Owner and the
Architect, terminate the Contract and recover from the Owner
as provided in Subparagraph 14.1.2.
14.2 TERMINATION BY THE OWNER FOR CAUSE
14.2.1 The Owner may terminate the Contract if the
Contractor:
.1 persistently or repeatedly refuses or fails to supply
enough properly skilled workers or proper materials;
.2 fails to make payment to Subcontractors f()r materials
or labor in accordance with the respective agreements
between the Contractor and the Subc()ntractors;
.3 persistently disregards laws, ordinances, or rules, reg-
ulations or orders of a public authority having juris-
diction; or
.4 otherwise is guilty of suhstantial breach of a provision
of the Contract Documents.
14.2.2 When any of the above reasons exist, the Owner, upon
certification by the Architect that sufl1cient cause exists to jus.
AIA'DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A201.1987
23
. ..~;..'~ .~.."
, ..
tlfy such action, may without prejudice to any oth~r rights or
remedies of the Owner and after giving the Contractor and the
Contractor's surety, if any, seven days' written notice, termi-
nate employment of the Contractor and may, subject to any
prior rights of the surety:
.1 take possession of the site and of all materials, equip-
ment, tools, and construction equipment and machin-
ery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Para-
graph 5.4; and
.3 finish the Work by whatever reasonable method the
Owner may deem expedient,
14.2:3 When the Owner terminates the Contract for one of the
reasons stated in Subparagraph 14.2.1, the Contractor shall not
be entitled to receive further payment until the Work is
finished.
14.2.4 If the unpaid balance of the Contract Sum exceeds costs
of finishing the Work, including compensation for the Archi~
tect's services and expenses made necessary' thereby, such
excess shall be paid to the Contractor. If such costs exceed the
unpaid balance, the Contractor shall pay the difference to the
~
I
Owner. The amount to be paid to the Contractor or Owner, as
the case may be, shall be certified by the Architect, upon appli-
cation, and this obligation for. payment shall survive termina-
tion of the Contract.
14.3 SUSPENSION BY THE OWNER
FOR CONVENIENCE
14.3.1 The Owner may, without cause, order the Contractor in
writing to suspend, delay or interrupt the Work in whole or in
part for sl!ch period of time as the Owner may determine,
14.3.2 An adjustment shall be made for increases in the cost of
performance of the Contract, including profit on the increased
cost of performance, .caused by suspension, delay or interrup-
tion. No adjustment shall be made to the extent:
.1 that performance is, was or would have been so sus-
pended, delayed or interrupted by another cause for
. which the ContractOr is responsible; or
.2 that an equitable adjustment is made or denied under
another provision of this . Contract.
14.3.3 Adjustments made In the cost of performance may have
a mutually agreed fixed or percentage fee,
This Agreement is intended by the Parties to, and does, supersede any and all provisions of the
Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision oftrus
Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this
Agreement 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 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 Court 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
under the contract may be a public record subject to Georgia's Open Records Act (O.C.G.A. S 50-
18-70, et seq.).. Contractor shall cooperate fully in responding to such request and making all
records, not exempt, available for inspection and copying as provided by law.
".. /
""
.,.;._:~~' ....., r;7
"
AlA Document A312
Performance Bond
Conforms with the American Institute of Architects, AlA Document A312.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Sherman Construction Company, Inc.
PO Box 1629
Greenville, South Carolina 29602
SURETY (Name and Principal Place of Business):
St. Paul Fire and Marine Insurance Company
5801 Smith Avenue
Baltimore, Maryland 21209-3693
OWNER (Name and Address):
The City of Augusta Richmond County
530 Greene Street, Room 801, Municipal Building
Augusta, Georgia 30911
CONSTRUCTION CONTRACT
Date: October 24 2002
Amount: One Million Two Hundred Eighty Three Thousand Three Hundred Twenty Five and no/100 ($1.283,325.00)
Description (Name and Location): Fire Station #19, Seago Road and Brown Road, Hephzibah, Georgia
BOND
Date (Not earlier than Construction Contract Date): October 24 2002
Amount:'One_Million Two Hundred Eighty Three Thousand Three Hundred Twenty Five and no/100 ($1,283,325.00)
- - ~..., -:
Modifications to ,this Bond:
CONTRACTOR AS BRINCIP AL
cbmpany: Sherma.n: CQ.nstruction
. -ComRa~01n~.
.. .... :"l~:""""'"
(Corporate Seal)
Signature: ,
Name and Title: R. Wayl Sherman,
(Any additional signatures appear on page 2.)
(FOR INFORMA TION ONLY - Name, Address and
Telephone) AGENT or BROKER: BB&T/Boyle Vaughan
Insurance PO Box 8628, Columbia, SC 29202
8037480100
1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner for
the performance of thc Construction Contract, which is incorporated hercin
by reference.
2 If the Contractor performs the Construction Contract, the Surety and the
Contractor shall have no obligation under this Bond, except to participate in
conferences as providcd in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation under this Bond
shall arise after:
3.1 The Owner has notified the Contractor and the Surety at its address
described in Paragraph 10 below that thc Owner is considering
declaring a Contractor Default and has rcquested and attempted to
arrange a conference with the Contractor and the Surety to be held not
later than fifteen days after receipt of such notice to discuss methods of
performing the Construction Contract. If the Owner, the Contractor and
the Surety agrec, the Contractor shall be allowed a reasonable timc to
SURETY 5026 (6-92)
S-18521GEEF10/99
Page 1 of 2
~ None
o See Page 2
SURETY
Company: St. Paul Fire and Marine
Insurance Company
,
/? -"
Signature: LCl.s7A-1~ ~ ~ ~
Name and Title: Carolyn . Owens, AttorneY-in-Fact;:;..
~ :-
(Corpor~te Seal)
:...
,-
''';1
~....-:; -
"
OWNER'S REPRESENTATIVE (Archit~c( Engineeror~ other
party): Virgo Gambill Architects ,.., ;'> -- "
2531 Center West Parkway, Suite 200
Augusta, GA 30909
perform the Construction Contract, but such an agreement shall
not waive the Owner's right, if any, subsequently to declare a
Contractor Default; and
3.2 The Owner has declared a Contractor Dcfault and formally
terminated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as
provided in Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the Contract
Price to the Surety in accordance with the terms of the
Construction Contract or to a contractor sclccted to perform the
Construction Contract in accordance with the terms of the
contract with the Owner.
4 Whcn the Owncr has satisfied the conditions of Paragraph 3, the
Surety shall promptly and at the Surety's expense take one of the
following actions:
4.1 t\rrange for the Contractor, with consent of the Owner, to perform
and complete the Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract
itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract to be
prepared for execution by the Owner and the contractor selected with
the Owner's concurrence, to be secured with performance and payment
bonds executed by a qualified surety equivalent to the bonds issued on
the Construction Contract, and pay to the Owner the amount of
damages as described in Paragraph 6 in excess of the Balance of the
Contract Price incurred by the Owner resulting from the Contractor's
default; or
4.4 Waive its right to perform and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation, determine the amount for which it
may be liable to the Owner and, as soon as practicable
after the amount is determined, tender payment therefor to
the Owner; or
.2 Deny liability in whole or in part and notify the Owner
citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in default on this
Bond fifteen days after receipt of an additional written notice from the
Owner to the Surety demanding that the Surety perform its obligations
under this Bond, and the Owner shall be entitled to enforce any remedy
available to the Owner. If the Surety proceeds as provided in Subparagraph
4.4, and the Owner refuses the payment tendered or the Surety has denied
liability, in whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph
4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner
shall not be greater than those of the Contractor under the Construction
Contract, and the responsibilities of the Owner to the Surety shall not be
greater than those of the Owner under the Construction Contract. To the
limit of the amount of this Bond, but subject to commitment by the Owner
of the Balance of the Contract Price to mitigation of costs and damages on
the Construction Contract, the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract;
6.2 Additional legal, design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or failure
to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in
the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
MODIFICA nONS TO THIS BOND ARE AS FOLLOWS:
7 The Surety shall not be liable to the Owner or others for obligations of
the Contractor that are unrelated to the Construction Contract and the
Balance of the Contract Price shall not be reduced or set off on a~count of
any such unrelated obligations. No right of action shall accrue on this Bond
to any person or entity other than the Owner or its heirs, executors
administrators or successors. '
8 The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may be instituted
in any court of competent jurisdiction in the location in which the work or
part of the work is located and shall be instituted within two years after
Contr.ac~or Default or within two years after the Contractor ceased working
or wlthm two years after the Surety refuses or fails to perform its
obligations under this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
10 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
11 When this Bond has been furnished to comply with a statutory or
other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to which the
Contractor is entitled, reduced by all valid and proper payments made
to or on behalf of the Contractor under the Construction Contract.
12.2 Construction Contract: The agreement between the Owner and
the Contractor identified on the signature page, including all Contract
Documents and changes thereto.
12.3 Contractor Default: Failure of the Contractor, which has
neither been remedied nor waived, to perform or otherwise to comply
with the terms of the Construction Contract.
12.4 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with the
other terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL . SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
S-18521GEEF 10/99
(Corporate Seal)
Signature:
Name and Title:
Address:
Page 2 of 2
i-
AlA Document A312
Payment Bond
Conforms with the American Institute of Architects, AlA Document A3l2.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Sherman Construction Company, Inc.
PO Box 1629
Greenville, South Carolina 29602
SURETY (Name and Principal Place of Business):
St. Paul Fire and Marine Insurance Company
5801 Smith Avenue
Baltimore, Maryland 21209-3693
OWNER (Name and Address):
The City of Augusta Richmond County
530 Greene Street, Room 801, Municipal Building
Augusta, Georgia 30911
CONSTRUCTION CONTRACT
Date: October 24 2002
Amount: One Million Two Hundred Eighty Three Thousand Three Hundred Twenty Five and no/100 ($1.283,325.00)
Description (Name and Location): Fire Station #19, Seago Road and Brown Road, Hephzibah, Georgia
BOND
Date( Not earlier than Construction Contract Date): October 24 2002
,"" --
Amou~t:One Million Two Hundred Eighty Three Thousand Three Hundred Twenty Five and no/100 ($1,283,325.00)
.... .... . ~
c-
~ - ' Modifications to 'this Bond:
r", ":; ':""
CONTRACTORAS l?RlNCIPAL
Company: Sherrr1.(~Hi 9~nstruction
" -cComp~ny~"I~c.
;. - .. ,.....'.,,""'::..
(Corporate Seal)
Signature:
Name and Title: R. Wayla Shennan, President
(Any additional signatures appear on page 2.)
(FOR INFORMA nON ONLY - Name, Address and
Telephone) AGENT or BROKER: BB&T/Boyle Vaughan
Insurance PO Box 8628, Columbia, SC 29202
8037480100
1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner to
pay for labor, materials and equipment furnished for use in the performance
of the Construction Contract, which is incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null and void if the
Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner from claims,
demands, liens or suits by any person or entity whose claim, demand,
lien or suit is for the payment for labor, materials or equipment
furnished for use in the performance of the Construction Contract,
provided the Owner has promptly notified the Contractor and the
Surety (at the address described in Paragraph 12) of any claims,
demands, liens or suits and tendered defense of such claims, demands,
liens or suits to the Contractor and the Surety, and provided there is no
Owner Default.
SURETY 5026 (6-92)
S-1853/GEEF 3/00
Page 1 of 2
~ None
D See Page 2
SURETY
Company: St. Paul Fire and Marine
Insurance Company
Signalme ~ [) ~'
Name and Title: Carolyn D. Owens, Attorney-in-Fact
(Corporate .S..eal)
'.
,-
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party): Virgo Gambill Architects
2531 Center West Parkway, Suite 200
Augusta, GA 30909
3 With respect to Claimants, this obligation shall be null and void if
the Contractor promptly makes payment, directly or indirectly, for all
sums due.
4 The Surety shall have no obligation to Claimants under this Bond
until:
4.1 Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
described in Paragraph 12) and sent a copy, or notice thereof, to
the Owner, stating that a claim is being made under this Bond and,
with substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with the
Contractor:
.1 Have furnished written notice to the Contractor and sent a
copy, or notice thereof, to the Owner, within 90 days after
having last performed labor or last furnished materials or
equipment included in the claim stating, with substantial
accuracy, the amount of the claim and the name of the party
to whom the materials were furnished or supplied or for
whom the labor was done or performed; and
; .
.2 '. Have either received a rejection in whole or in part from the
Contractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor by which
the Contractor has indicated the claim will be paid directly or
indirectly; and
.3 Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address described in
Paragraph 12) and sent a copy, or notice thereof, to the Owner
stating that a claim is being made under this Bond and
enclosing a copy of the previous written notice furnished to the
Contractor.
5 If a notice required by paragraph 4 is given by Owner to the
Contractor or to the Surcty, that is sufficient compliance.
6 When the Claimant has satisfied the conditions of Paragraph 4, the
Surety shall promptly and at the Surety's expense take thc following
actions:
6.1 Send an answer to thc Claimant, with a copy to the Owncr,
within 45 days aftcr receipt of the claim, stating the amounts
that are undisputed and thc basis for challenging any amounts
that are disputed. .
6.2 Payor arrangc for payment of any undisputcd amounts.
7 The Surcty's total obligation shall not exceed the amount of this Bond,
and the amount of this Bond shall be credited for any payments made in
good faith by the Surety.
8 Amounts owcd by the Owner to the Contractor under the Construction
Contract shall be used for thc performancc of the Construction Contract and
to satisfy claims, if any, under any Construction Performance Bond. By thc
Contractor furnishing and the Owner accepting this Bond, they agree that
all funds earned by the Contractor in the performance of the Construction
Contract arc dedicated to satisfy obligations of thc Contractor and the
Surety under this Bond, subject to the Owner's priority to use the funds for
the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Construction
Contract. The Owncr shall not be liable for payment of any costs or
expenses of any Claimant under this Bond, and shall have under this bond
no obligations to makc payments to, give notices on behalf of, or otherwise
have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change, including changcs of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
11 No suit or action shall be commenced by a Claimant undcr this Bond
other than in a court of competent jurisdiction in the location in which
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
the work or part of the work is located or after the expiration of one year
from the date (I) on which the Claimant gave the notice required by
Subparagraph 4. I or Clause 4.2.3, or (2) on which the last labor or service
was performed by anyone or the last materials or equipment were furnished
by anyone under the Construction Contract, whichever 'of (I) or (2) first
occurs. If the provisions of this Paragraph are void or prohibited by law,
thc minimum pcriod of limitation available to sureties as a dcfense in the
jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page. Actual receipt of
notice by Surety, the Owner or the Contractor, however accomplished,
shall be sufficient compliance as of the date reccived at the address shown
on the signature page.
13 When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
14 Upon request by any person or cntity appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly furnish a copy of
this Bond or shall permit a copy to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct contract
with the Contractor or with a subcontractor of the Contractor to
furnish labor, materials or cquipment for use in the performance of
the Contract. The intent of this Bond shall be to include without
limitation in terms "labor, matcrials or equipmcnt" that part of water,
gas, power, light, heat, oil, gasoline, telcphone service or rental
equipment used in the Construction Contract, architectural and
engineering serviccs required for perfornmnce of the work of the
Contractor and the Contractor's subcontractors, and all other items for
which a mechanic's lien may be asserted in the jurisdiction where the
labor, materials or equipment were furnished.
15.2 Construction Contract: The agreement between the Owner
and the Contractor identified on the signature page, including all
Contract Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay thc Contractor as required by. the
Construction Contract or to perform and complete or comply with
the other terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
S-1853/GEEF 3/00
(Corporate Seal)
Signature:
Name and Title:
Address:
Page 2 of 2
,."l
;"p
lheStRlul
POWER OF ATTORNEY
Seaboard Surety Compan}'
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. !l
Power of Attorney No.
20809
Certificate No.. 1316 5 0 1
KNOW ALL MEN BY THESE PRESENTS; That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company and SI. P~ul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collective/v called the "ColI/panies"). and that the Companies do
hereby make, constitute and appoint
Frank W. Hafner, Jr., Jane McCoy, Robert J. Lavisky, Della B. Case, Carolyn D. Owens, Alfred T. Johnson,
Duainette H. Cullum and Wesley V. Dasher, Jr.
Columbia
South Carolina
of the City of . State , their true and lawful Attorney(s)-in-Faet,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing honds and undertakings required or permitted in any actions or proceedings allowed hy law.
IN WITNESS WHEREOF, the Companies have caused this instrument(6)'e'sign~d and sealed,this
1st
day of
December
1999
t:::\
~
Uriit~d States Fidelity and Guaranty Company
Fidelit}' and Guaranty Insurance Company
Fidelit}' and Guaranly Insurance Underwriters, Inc.
~:"~,
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Seaboard Surel}' Company
St. Paul Fire and Marine Insl!r8ri~e .Climpany
St. Paul Guardian Insurancc.<:;orilp_a~y . -'.;
St. Paul Mercury Insurance C~lIn~ap}"
State of Maryland
City of Baltimore
THOMAS E. HUIBREGTSE, Assistant Secretary
On this 1 st day of December 1999, before me, the undersigned officer. personally appeared John F. Phinney and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, SI. Paul Fire and
Marine Insurance Company, SI. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.: and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
In Witness Whereof, I hereunto set my hand and official seal.
~t~.~
My Commission expires the 13th day of July, 2002.
REBECCA EASLEY-ONOKALA, Notary Public
'..
86203 Rev. 7-2000 Printed in U.S.A.
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This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company. and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and
effect, 'reading as follows:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company. all bonds, undertakings, contracts and other instmments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company, either by the Chairman, or the President, or any Vice President. or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and
the seal of the Company may be aftixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Faet for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached; and
RESOLVED FURTHER, that Anorney(s)-in-Fact shall have the power and authority, and, in any case. subject to the terms and limitations of the Power of
Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
I, Thomas E. Huibregtse. Assistant Secretary of Seaboard Surety Company, SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company,
St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranly Insurance Company, and Fidelity and Guaranty Insurance
Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF, I hereunto set my hand this c2 tI~ day of
&e-'~€../L
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To ~erify the authenticity of this Power of Attomey, call 1-800-42/-3880 and ask for. the power oj Attorney clerk. Please refer to the Power of Attorney number,
tire above-named individuals and tire details of tire bond to wlriiflr1he power i~.~ttaclred. .'"" ' ,,:,\~' ':\.'
ACORDn< CERTIFICATE OF LIABILITY INSURANCE I DATE (1\fMIDDfYY)
10/22/02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION
BB& T Boyle-Vaughan ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1710 Gervais St. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 8628
Columbia, SC 29202 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Amerisure Insurance
Sherman Construction Co. Inc INSURER B:
PO Box 1629 INSURER C:
Greenville, SC 29602 INSURER D:
I INSURER E:
Client#: 235040
17SHERMCON
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TI.IIS CERTIFICATE MAYBE ISSUED 0
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUO
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
T~ TYPE OF INSURANCE POLICY NUMBER I'g~\!kY ri'i~~T~ POLICY EXPIRATION LIMITS
DATE IMMIDDIYY)
A ~NERAL LIABILITY CPP2853478 09/01/02 09/01/03 EACH OCCURRENCE $1 000.000
X COMMERCIAL GENERAL LIAB ILITY FIRE DAMAGE (Anyone fire) $100000
, CLAIMS MADE W OCCUR MED EXP (Anyone person) $5 000
~ PO Oed:1,OOO PERSONAL & ADV INJURY $1 000 000
- GENERAL AGGREGATE $2 000.000
GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCfS .COMP/OP AGG $2,000.000
~ POLICY -rXi W:?i- n LOC
A ~OMOBILE LIABILITY CA2853764 09/01/02 09/01/03 COMBINED SINGLE LIMIT
~ ANY AUTO (Ea accident) $1,000,000
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODILY INJURY
$
~ NON.OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
~RAGE LIABILITY AUTO ONLY. EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A EXCESS LIABILITY CLU853973 09/01/02 09/01/03 EACH OCCURRENCE $5 000,000
~ OCCUR 0 CLAIMS MADE AGGREGATE $5000000
$
~ DEDUCfIBLE $
X RETENTION $10000 $
A 810 09/01/02 09/01/03 X IT'b~~TL1~Vi-s I 10TH.
WORKERS COMPENSATION AND ER
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $500,000
E.L. DISEASE . EA EMPLOYEE $500,000
E.L. DISEASE . POLICY LIMIT $500,000
OTHER
DESCRIPTION OF OPERA TIONSILOCA TIONSNEHlCLESIEXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Project description: Fire Station #19
CERTIFICATE HOLDER I I ADDIIDNALINSURED'INSURERIETIER, CANCELLATION
SHOUIl> ANYOFmE ABOVE DESCRlBED POLJ::IES BE CANCELlED BE~'ORE mE EXPIRATION
City of Augusta Richmond County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAn.30_DAYS WRIrrnN
Room 801, Municipal Building NancE TOmE CERTIFK:A1E IIOIl>ERNAMED TOnIE IEFI', BlITFAlLURE TODOSOSIIALL
530 Greene St IMPOSE NO OB LIGATION OR LIABILITY OF AN Y KIND UPON TIlE INSURER,rrs AGENTS OR
Augusta, GA 30911 REPRESENTATIVES.
AIITI~SENTATIVE
I po .~
ACORD 25-S (7/97) 1
of 2
#M685343
COO
Q ACORD CORPORATION 1988
.ACflRIb CERTIFICATE OF LIABILITY INSURANCE . I DATE (MMIDD/VY)
10/22/02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION
BB& T Boyle-Vaughan ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1710 Gervais St. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BEWW.
P. O. Box 8628
Columbia, SC 29202 INSURERS AFFORDING COVERAGE
INSURED INSURER A; Amerisure Insurance
Sherman Construction Co. Inc INSURER B:
PO Box 1629 INSURER C:
Greenville, SC 29602 INSURER D:
I INSURER E:
Client#: 235040
17SHERMCON
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDlN
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED 0
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUO
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER I'gx\!il ~~bT,{,~ ~'A'~l ~&,;~;V~N LIMITS
LTR
A GENERAL LIABILITY CPP2853478 09/01/02 09/01/03 EACH OCCURRENCE $1 000,000
l-
X COMMERC~LGENERALL~B~ITY FIRE DAMAGE (Anyone tire) $100000
I CLAIMS MADE W OCCUR MED EXP (Anyone person) $5.000
X PO Oed:1,000 PERSONAL & ADV INJURY $1 ,000,000
GENERAL AGGREGATE $2.000 000
GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCrS .COMP/OP AGG $2.000.000
h POLICY /Xl i~8T n LaC
A ~OMOBILE LIABILITY CA2853764 09/01/02 09/01103 COMBINED SINGLE LIMIT
~ ANY AUTO (Ea accident) $1,000,000
f--- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person) -
I----
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
R^GE LIABILITY AUTO ONLY. EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A EXCESS LIABILITY CLU853973 09/01/02 09/01/03 EACH OCCURRENCE $5.000,000
m' OCCUR D CLAIMS MADE AGGREGATE $5.000.000
$
:;:] DEDUCfIBLE $
X RETENTION $10000 $
A 810 09/01/02 09/01/03 X hWCSTATU. I IO~'~-
WORKERS COMPENSATION AND TORY LIMITS
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $500,000
E.L. DISEASE - EA EMPLOYEE $500,000
E.L. DISEASE . POLICY LIMIT $500,000
OTHER
DESCRIYrION OF OPERATlONS/LOCATlONSfVEillCLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Project description: Fire Station #19
CERTIFICATE HOLDER I I ADDmoNALINSURED;INSURERLEnER: CANCELLATION
SHOUll) ANYOF1HE ABOVE DESCRIBED POLI:n;;S BE CANCEllED BEFORE 1HEEXPIRATION
City of Augusta Richmond County DATE THEREOF, TIlE ISSUING INSURER WILLENDEA VOR TOMAIr30_ DA\S WRITIEN
Room 801, Municipal Building NOTICET01HE CER11FICA'ffi IIOLDERNAMED T01HEIEFf, BUTFAlLURE TODOSOSHALL
530 Greene St IMPOSE NO OB LIGATION OR LIAB ILIT\' OF ANY KIND UPON TIlE INSURER,US AGENTS OR
Augusta, GA 30911 REPRESENTATIVES.
AUTH~SENTATlVE
I Y. '~
ACORD 25-S (7/97) 1 of 2
#M685343
COO
@ ACORD CORPORATION 1988
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A MER .1 CAN
"I N S T
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AlA Document A 10 I
Standard Form of Agreement Between
Owner and Contractor
wbere tbe basis of payment is a
STIPULATED SU111
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION \'(IITH
AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TION.
The 1987 Editioll of AlA Documellt A201, Gelleral COlld,itiolls of the Contract for COllstructioll, is adopted
ill this document by reference. Do not use with other general conditions unless this docl/ment is modified.
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
. .
.
made as of the Twenty Fourth day of . October
~Re~~~~BRe~@g~~ Two Thousand and Two (2002)
BETWEEN the Owner: ~~it!~~~~E: ~/~E~.8~~~~~'tt...~
(N(/II/e alld address) 530 Greene Street
Room 801, Muncipal Building
Augusta, GA 30911
in the year of
,,1 -/t.L ~"'1i. 1# ~ ~ rvrr4
and the Contractor:
Sherman Construction Co., Inc.
P.O. Box 1629
Greenville, S.C. . 29602
(Nallle alld address)
The Project is:
(N(/II/e alld localioll)
Fire Station #7
Willis Foreman & Lace Road
Augusta, Georgia
The Architect is:
Virgo Gambill Architects
2531 Center West Parkway
Suite 200
Augusta, GA 30909
The Owner anci Contractor agree as set forth below,
(Nall/(, (/lid address)
Copyright 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963, 1967, 1974, 1977, @19R7by The American Institute of Archi.
tects, \735 Nell' York Avenue, N.W., Washington, D.C. 20006. Reproduction of the materi;ll herein or substantial quotation
of its provisions without written permission of the AlA violatcs thc copyright laws of the United St.:\tcs and will be subject to
legal prosecution.
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA'!> . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1755 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 20006
A101.1987 1
WARNING: Unlicensed photocopying violates U,l'. copyright laws and Is subject to legal prosecution.
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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 jf attached
,to this Agreemcnt or repeated herein. The Contract represents the entire and integratcd agreement between the parties hereto
and supersedes prior negotiations, representations or agreements, either written or oraL An enumeration of the Contract Documents,
other than I\-Iodifications, appears in Article 9.
ARTICLE 2
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specificaily indicated in
the Contract Documents to be the responsibility of others, or as follows:
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the date.from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of
this Agreement, as first writtcn above, 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.
(1llsert tbe date of commellcemellt, if it differs from tbe dale of tbis Agreemellt or. if a/JjJlicab/~, stat~ tbat tbe date willlJe fixed ill a I/otice to proceed.)
The date of commencement shall be set in the Notice ToProceed~
Unless the' date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the
Owner in writing not less than five days before commencing the \Xfork to permit the timely filing of mortgages, mechanic's liens
and other security interests.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insert {be calendar date or number 0/ calendar days after the date of commencement. Also insert any requirementsfor earlier Substantial Completion olcer-
tain porliolls 0/ /be \Fork, fIno! stated elsewlJere in (be CVHtract Documenls.)
(270) Two Hundred Seventy consecutive calendar days from this Notice To Proceed.
, subject to adjustmcnts of this Contract Time as provided in the Contract Documents.
(Insert /1rol1isiulls, if (IllY, lor /ii/lift/tiled damages relating to failure 10 complete on time.)
Liquidated damages in the amount of $200.00 for each consecutive calendar day after
the expiration of the contract completion date, except for authorized extensions of
time by the owner.
AlA DOCUMENT AIOI . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA'" . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A101-1987 2
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution,
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ARTICLE 4
CONTRACT SUM
4.1 The Owner shall pay the Contractor in 'current funds for the Contractor's performance of the Contract the Contract Sum of
One Million,Two hundred-twenty two tho\lsand, Five hundred-twenty five. Dollars
($ 1 222, 525 . 00 ), subject to additions and aeductions as' provided in the Con-
tract 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: .'
(S/(/Ie tbe llumlJers or olber idelltification of accepted alternates. If decisions Oil olher n/tl!nwtes are to ve made by the Owner subsequent 10 tbe execu/ioll (~l
I/);S Agn>l'nlellt. (l/f(lcb (l scbedule vf SlIei) otber a//unzales showing tJ)e amuuu( for eaeb (lnd tbe dale uutil whiclJ (bat amoullt is ualid.)
See Attachment "A"
4.3 Unit prices, if any, are as follows:
N/A
AlA DOCUMENT A101 . O\\'NEH.CONTRACTOR AGHEEMENT . TWELFTH EDITION . AIA~ . @1987
THE AMERICAN tNSTtTUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.\"., WASHINGTON, D,C. 20006
A101.1987 3
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
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ARTICLE 5
. PROGRESS PAYMENTS
5.1 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.
5.2 l'he period covcred by each Application for Payment shall be one calendar month ending on thc last day of the month, or as
follows:
As Above
5.3 Provided an Application for Payment is received by the Architect not later than the Twenty-Fifth (25th)
________________________~__,... day ofa month, the Owner shall make payment to the Contractor not later than
the Fifteenth (15th) ---------- 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 Owncr not later than Thirty (30) ------
--------- days after the Architect receives the ApplicatiOn for Payment.
5.4 Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance \vith
the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the \V'ork
and 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.
5.5 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.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as fol!e>ws:
5.6.1. l;lke that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage
completion of each portion of the \Vork by the share of the total Contract Sum allocated to that portion of the Work in the schedule
of values, less retainage of Ten --------_____________________________________________ percent
( 10 ')\,). Pending final determination of cost to the Owner of changes in the Work, amounts not in the dispute may be
included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted
by Change Order;
5.6.2 Add that portion of the Contract Sum properly allocable to materials ancl 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
percent ( 10 %);
5.6.3 Subtract the aggregate of previous payments m3de by the Owner; and
5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para-
graph 9.5 of the Gencral Conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following
circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ------------
Ninety Five ----------------:...---------------------- percent ( 95 %) of the Contract
Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and
5.7.2 Add, if I1nal completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional
amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
OJ'il is in/e1ldeel, !J1'ifJr 10 Sul;$I01l1;01 Complelion of lI.>e ('nlirt' \Fork. 10 reduce {l'~ limit tbe retaiJlage resultillp.jrom Ibe /1en:ellltlges inserted ill Subl'a,.a-
}!."(l/}/)s S. (I. I (uul ,,(,,J a/wI'e, (llld Ibis is 1101 e,\plaiHecl elsewhere ill tbe Coli/rael /Jucl/mellts. inscribe"/! prol'isiolls jor sucb reductiON or limitation.)
None
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. AIAt!) . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, Ins NE\V YORK AVENUE. N.W., WASHINGTON, D.C. 20006
A101-1987 4
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
i' ,', II
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ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (I)
the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming
Work as provided in Subparagraph 12.2.2 of the General Conditions ;mc1 to satisfy other requirements, if any, which necessarily
survive final payment; and (2) a final Certificate for Payment has becn issued by the Architect; such final payment shall be made by
the Owner not more than 30 days after the issuance of the Architect's final Certificate'for Payment, or as follo:-vs:
As Above
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref-
erencc refers to that provision as amended or supplemented by other provisions of the Contract Documents.
7.2 paynients 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.
(Inser' rate (~l interest (/~l'eed upon, ~f ouy.)
(1%) One Percent Per Month
(I/S/II)' {aws (/lid reqlliremellts IIlIder Ibe Fee/em{ Tl'lllb ill Lelle/illg AU, similar slale aile/ {owl COIlSII"wr credit {aws'(/IIe/ olber re1/lI{atiolls al Ibe Ullmer's a/l(/
Contrac/or's jJrincljJal places of IJl/siness, (be /(k'(lliOll of the Prujecl and elsewhere may {~rfect tbe tJalidt'ty of Ibis provisiun Legal aduice should be o/)(lli,ze{/
with respect to deletiuns or 1J/Odlf;Cllti()Il.~', (l1ul also regardiuJl, r('{/ldremellls Slid) as writ/cn disclosures or waiuers.)
7.3 Other provisions:
None
ARTICLE 8
TERMINATION OR SUSPENSION
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA'" . @19117
TilE MIEHICAN INSTITIJTE OF AHCIiITECTS, 1755 NEW YORK AVENUE, N.W" WASHINGTON, D.C. 20006
A101-1987 5
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
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ARTICLE 9
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AlA Document Al 01, 1987
Edition.
~ 9.1.2
)19.1.3
April 30, 2002
Document
The Gene~~s -.; t~ G~a:l. ~<j_n.d.w~ns of the Contract for Construction, AlA Document A201, 1987 Edition,
T~Sup~ementary and other Co=~e Contract ace those contained in the Project Manual dated
, and are as follows:
Title
Pages
See Attachment "B"
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3., and are as follows:
(Ei/bet list tbe SpeCifications /.Jete u,. ,-efer to al1 exhibit af(ac/)ed In Ibis Agreement.)
Section
Title
Pages '
See Attachment "B"
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. AIA<!J . @1987 . '
THE AMERICAN INSTITUTE OF ARCHITECTS, 1755 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A101.1987 6
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
II
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9.1.5 The Drawings arc as follows, and are dated
(Hitber lis! Ibe f)r(lll'ill,l!,S here or n/e1' (U (lI.l ('xbilJit clUtlcbed to Ibis A,greemelll.)
unless a different date is shown below;
Number
Title
Date
See Attachment "C"
9.1.6 The addenda, if any, are as follows:
Number Date Pages
1 Jply 17, 2002 2
2 July 17, 2002 1
3 August S, 2002 23
4 August 7, 2002 1
5 August 8, 2002 7
6 August 9, 2002 1
',7, August 15, 2002 2
Ponions of addend;1 relating to bidding requirements are not pan of the Contract Documents unless the bidding requirements are
:1150 enumerated in this Article 9.
AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT. TWELfTH EDITION. AtA'" . @19tl7
THE AMERICAN INSTITUTE OF ARCHITECTS, I 7:~5 NEW YORK AVENUE, N.W" WASHINGTON, D.C. 2000(,
A101-1987 7
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
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9.1.7 Other documents, if any, forming part of the Contract Documents are as follows:
(List bere any additional documellls wbicb are intellded to jorm part ojtbe COlltract Documellts. 77Je Gelleral COllditiollS prall ide tbat biddillg requirements S!tcb
as advertisement 0'- invitation to bid, Ills/ructions to Biddel's, sample forms and the Contractor 's bid arellOt parI of tlJe Contract Documents unless enumerated
ill tbis.Agreemet/t. Tbey sbould be listed bere ollly if illtellded to be part ojtbe COlltract Doct/met/ts.)
N/A
This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which
one is to he delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the
Owner.
C2"^;J~uL-
(Signatllre)
j,. tJ~ I~et She/LI'f'lI4-1V, &,
(Printed name and title) ,
AUTIO ou should sign an original AlA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA'" . @1987
THE AMERICAN INSnTUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A101-1987 8
WARNING: Unlicensed photocopying violates U.S, copyright laws and Is subject 10 legal prosecution,
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ATTACHMENT "A"
FIRE STATION #7
AUGUSTA RICHMOND COUNTY
FIRE DEPARTMENT
Description
Original Bid
Negotiated Deducts
1 Change colored concrete to expoxy coating N/C
2 Delete concrete coating (general polymer) -6,900
3 Delete fire protection vault, utilize interior backflow preventor -5,100
4 Delete mortar net above flashing -1,800
5 Reduce soil testing allowance to $4,500 -3,000
6 Include other testing in above allowance -1,000
7 Change building stone under floor to 4" thick -1 ,400
8 Reduce millwork allowance from 40,000 to 30,000 -10,000
9 Delete temporary fence -1 ,080
10 Change acoustical tile from USG 1819 to USG Radar #2115 -1,014
11 Delete cast stone and utilize EIFS Styrene in its place -6,116
12 Delete conduit for low voltage wiring above ceiling -800
13 Various roofing modifications -11,100
14 Change ceramic to 2x2 floor and 4x4 walls, standard grout -2,000
15 Delete sewer force main. Utilize septic system * -29,000
16 Balance or waste dirt on site -1,200
17 Delete wood fence -16,000
18 Change the aluminum roof curbs to galvanized steel -300
19 Delete chain link fence around detention pond -3,100
20 Delete all duct liner beyond 5' down stream of air handling units -275
21 Change P-9 & P-10 fixtures to 20 gauge SS -136
22 Change P-11 fixture to molded stone -184
23 Change P-16 fixture to 16 gauge SS -460
24 Change wall hydrants to Woodford #65 -60
25 Change Aluminum Top for Oil/Water Separator to Shop Fabricated -1,250
26 Change glass-fab and mastic on insulation joints and seams to FSK tape -200
* to be verified after final design
D
CONTRACT SUM =1 $1,222,5251
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ATTACHMENT "B"
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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
00220 - SUPPLEMENTARY INSTRUCTIONS TO BIDDERS
00410 - BID FORM
AlA DOCUMENT A305
00500 - FORM OF AGREEMENT
00600 - BONDS AND CERTIFICATES
00700 - GENERAL CONDITIONS
00800 - SUPPLEMENTARY CONDITIONS
DIVISION 1 - GENERAL REQUIREMENTS
01100 - PROJECT SUMMARY
01210 - ALLOWANCES
01230 - ALTERNATES
01300 - ADMINISTRATIVE REQUIREMENTS
01325 - CONSTRUCTION PROGRESS SCHEDULE
01330 - DELAYS AND TIME EXTENSIONS
01355 - ENVIRONMENTAL SURVEY
01500 - TEMPORARY FACILITIES AND CONTROLS
01600 - PRODUCT REQUIREMENTS
01780 - CLOSEOUT SUBMITTALS
DIVISION 2 -- SITE CONSTRUCTION
02200 - SITE PREPARATION
2125/ Augusta/Richmond County Fire Station # 7
00010 - 1
TABLE OF CONTENTS
Page 1 of 1
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02310 - GRADING
02315 - EXCAVATION
02316 - FILL AND BACKFILL
02317 - TRENCHING FOR SITE UTILITIES
02318 - ROCK REMOVAL
02361 - SOIL TREATMENT FOR TERMITE CONTROL
02441 -IRRIGATION SYSTEM
02485 - SEEDING
02487 - SODDING
02490 - TREES, PLANTS AND GROUND COVERS
02510 - WATER DISTRIBUTION
02515 - DISINFECTION OF WATER DISTRIBUTION SYSTEMS
02535 - SANITARY SEWER PIPING
02536 - SEMI-POSITIVE DISPLACEMENT TYPE GRINDER PUMP STATIONS
02635 - STORM DRAINAGE PIPING
02741 - BITUMINOUS CONCRETE PAVING
02751 - PORTLAND CEMENT CONCRETE PAVING
02843 - PARKING BUMPERS
DIVISION 3 - CONCRETE
03051 - CONCRETE COLOR ADDITIVE
03300 - CAST -IN-PLACE CONCRETE
03356 - CONCRETE FLOOR FINISHING
DIVISION 4 -- MASONRY
04065 - MORTAR AND MASONRY GROUT
04080 - HORIZONTAL MASONRY JOINT REINFORCEMENT SYSTEMS
04082 - CAVITY WALL DRAINAGE SYSTEM
04210 - BRICK MASONRY UNITS
04220 - CONCRETE MASONRY UNITS
04720 - ARCHITECTURAL CAST STONE
2125/ Augusta/Richmond County Fire Station # 7
00010 - 2
TABLE OF CONTENTS
Page 2 of 6
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DIVISION 5 -- METALS
05120 - STRUCTURAL STEEL
05210 - STEEL JOISTS
05310 - STEEL DECK
05400 - COLD FORMED METAL FRAMING
05500 - METAL FABRICATIONS
DIVISION 6 -- WOOD AND PLASTICS
06067 - HIGH PRESSURE DECORATIVE LAMINATES
06100 - ROUGH CARPENTRY
06200 - FINISH CARPENTRY
06410 - CUSTOM CABINETS
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07115 - BITUMINOUS DAMPPROOFING
07210 - FIBERGLASS INSULATION
07212 - CAVITY WALLBOARD INSULATION
07214 - FOAMED-tN-PLACE INSULATION
07216 - LOOSE FtLL INSULATION
07222 - ROOF BOARD INSULATION
07261 - WEATHER RESISTANT MEMBRANE (TYVEK "STUCCOWRAP")
07262 - VAPOR RETARDER MEMBRANE
07550 - MODIFIED BITUMEN ROOFING
07610 - METAL ROOFING
07620 - SHEET METAL FLASHING AND TRIM
07650 - FLEXIBLE THROUGH WALL FLASHING
07840 - FIRESTOPPING
07900 - JOINT SEALERS
DIVISION 8 -- DOORS AND WINDOWS
,
21251 AugustalRichmond County Fire Station # 7
00010 - 3
TABLE OF CONTENTS
Page 3 of 6
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08110 - STEEL DOORS AND FRAMES
08205 - VINYL INSULATED STEEL ENTRY DOORS
08360 - ALUMINUM SECTIONAL DOORS
08410 - ALUMINUM-FRAMED STOREFRONTS
08568 - VINYL WINDOWS
08710 - DOOR HARDWARE
08800 - GLAZING
DIVISION 9 -- FINISHES
09205 - DIAMOND MESH METAL LATH
09220 - PORTLAND CEMENT PLASTER (STUCCO)
09260 - GYPSUM BOARD ASSEMBLIES
09261 - EXTERIOR GYPSUM BOARD SHEATHING - FIBERGLASS REINFORCED
09300 - PORCELAIN TILE
09511 - SUSPENDED ACOUSTICAL CEILINGS
09650 - RESILIENT FLOORING
09680 - CARPET
09900 - PAINTS AND COATINGS
DIVISION 10 -- SPECIALTIES
10100 - VISUAL DISPLAY BOARDS
10170 - PLASTIC TOILET COMPARTMENTS
10350 - FLAGPOLES
10420 - METAL BUILDING LETTERS
10421 - METAL PLAQUE
10441 - PLASTIC SIGNS
10500 - LOCKERS
10523 - FIRE EXTINGUISHERS, CABINETS AND ACCESSORIES
.10530 - PROTECTIVE COVERS
10800 - TOILET, BATH, AND LAUNDRY ACCESSORIES
DIVISION 11 - EQUIPMENT
2125/ Augusta/Richmond County Fire Station # 7
00010 - 4
TABLE OF CONTENTS
Page 4 of 6
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1.01 11005 - MISCELLANEOUS EQUIPMENT
DIVISION 12 -- FURNISHINGS - NOT USED
DIVISION 13 -- SPECIAL CONSTRUCTION - NOT USED
DIVISION 14 -- CONVEYING SYSTEMS - NOT USED
DIVISION 15 -- MECHANICAL
15050 - GENERAL PROVISIONS
15051 - CODES, PERMITS & INSPECTION
15090 - MECHANICAL SUPPORTING DEVICES
15100 - VALVES
15200 - VIBRATION & SOUND CONTROL
15250 - MECHANICAL SYSTEMS INSULATION
15311 - COMPRESSED AIR SYSTEM
15351 - L. P. GAS SYSTEM
15401 - DOMESTIC WATER SYSTEMS
15405 - SOIL, WASTE, VENT & ROOF DRAIN SYSTEMS
15424 - WATER HEATERS & ACCESSORIES
15450 - PLUMBING FIXTURES & ACCESSORIES
15501 - AUTOMATIC SPRINKLER SYSTEM
15701 - PIPING FOR MECHANICAL SYSTEMS
15773 - SPLIT-SYSTEM HEAT PUMP
15795 - ELECTRIC HEATERS & HEAT TAPE
15820 - FANS
15840 - AIR DISTRIBUTION SYSTEM
15851 - VEHICULAR EXHAUST REMOVAL SYSTEMS
15889 - RANGE HOOD VENTILATING SYSTEM
15900 - HV AC CONCTROLS
DIVISION 16 -- ELECTRICAL
16000 - GENERAL
16010 - LIGHTING POWE,R & PANELBOARDS
16015 - FUSES
2125 f Augusta/Richmond County Fire Station # 7
00010 - 5
TABLE OF CONTENTS
Page 5 of 6
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16020 - RACEWAYS
16030 - CONDUCTORS
16040 - OUTLETS
16050 - WIRING DEVICES & DEVICE PLATES
16060 - LIGHTING FIXTURES & LAMPS
16070 - DISCONNECT SWITCHES
16090 - PHOTO CONTROL & CO NT ACTOR
16100 - PULL BOXES & JUNCTION BOXES & FITTINGS
16110 - GROUNDING
16120 - EQUIPMENT INDENTIFICATION
16130 - DATA/VOICE CONDUIT & OUTLET SYSTEM
16140 - FIRE ALARM SYSTEM
16150 - CLOCKS
16160 - TRANSIENT VOLTAGE SURGE SUPPRESSOR
16190 - ENGINE GENERATOR SET
16220 - CONSTRUCTION REVIEWS, INSPECTION & TESTING
END OF TABLE OF CONTENTS
2125/ Augusta/Richmond County Fire Station # 7
00010 - 6
TABLE OF CONTENTS
Page 6 of 6
ATTACHMENT "c"
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SECTION 00015
LIST OF DRAWINGS
COVER
CO.1 BOUNDARY, TOPO & DEMOLITION
C1.1 SITE LAYOUT & UTILITY PLAN
C2.1 GRADING, DRAINAGE & S.E.S.C. PLAN
C2.2 S.E.S.C. NOTES & DETAILS
C3.1 MISC. PROFILES
C4.1 MISC. DETAILS
C4.2 MISC. DETAILS
C4.3 MISC. DETAILS
L1.1 LANDSCAPING PLAN
L2.1 IRRIGATION PLAN
L3.1 MISC. DETAILS
A1.1 FLOOR PLAN
A2.1 ELEVATIONS
A2.2 CAST STONE DETAILS
A3.1 CROSS SECTIONS
A4.1 WALL SECTIONS
A4.2 WALL SECTIONS
A5.1 ROOF PLAN
A5.2 ROOF DETAILS
A6.1 FINISHES, DOORS AND WINDOWS
A6.2 DOOR AND WINDOW DETAILS
A7.1 REFLECTED CEILING PLAN
A8.1 MILLWORK
A8.2 MILLWORK
A9.1 ENLARGED PLANS
A9.2 ENLARGED PLANS
A10.1 CANOPY PLANS & DETAILS
A11.1 SIGN DETAILS
S1.0 GENERAL NOTES
2125/ Augusta/Richmond County Fire Station # 7
00015 - 1
LIST OF DRAWINGS
Page 1 of 2
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S2.1 FOUNDATION AND SLAB PLAN
S2.2 ROOF FRAMING PLAN
S3.1 CONCRETE DETAILS
S4.1 MASONRY DETAILS
S5.1 STEEL DETAILS (1 OF 2)
S5.2 STEEL DETAILS (2 OF 2)
P1.1 PLUMBING WATER PLAN
P1.2 PLUMBING WASTE PLAN
P1.3 PLUMBING DETAILS & SCHEDULE
FP1.1 FIRE PROTECTION PLAN
M1.1 HV AC PLAN
M1.2 VEHICLE EXHAU~T PLAN
M2.1 HVAC DETAILS
M2.2 HVAC DETAILS AND SCHEDULES
E1.1 FIXTURES SCHEDULE & LEGEND
E2.1 ELECTRICAL SITE PLAN
E3.1 LIGHTING PLAN
E4.1 POWER PLAN
E5.1 SYSTEMS PLAN
E6.1 POWER RISER DIAGRAM & PANELBOARDS
E7.1 DETAILS
END OF LIST OF DRAWINGS
2125/ Augusta/Richmond County Fire Station # 7
00015 - 2
LIST OF DRAWINGS
Page 2 of 2
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T. H E
AMERICAN
INSTITUTE
o F
ARCHITECTS
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AlA Document A201
General Conditions of the Contract
for Construction
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES,. CONSULTATION .
\'(11TH AN A TTORNEY IS ENCOURAGED \\11TH RESPECT TO ITS MODIFICA TION
1987 EDITION
1 ABLE OF ARTICLES
1. GENERAL PROVISIONS
8. TIME
2. OWNER
9. PAYMENTS AND COMPLETION
3. CONTRACTOR
10. PROTECTION OF PERSONS AND PROPERTY
4. ADMINISTRATION OF THE CONTRACT
11. INSURANCE AND BONDS
5, SUBCONTRACTORS
12, UNCOVERING AND CORRECTION OF WORK
6. CONSTRUCTION BY OWNER OR BY
SEPARATE CONTRACTORS
13. MISCELLANEOUS PROVISIONS
7. CHANGES IN THE WORK
14. TERMINATION OR SUSPENSION OF THE
CONTRACT
This document has been approved and endorsed by the Associated General Contractors of America.
Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967. 1970, 1976, @ 1987 by The American Institute of Architects, 1735
New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecutions.
AiA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006
A201.1987 1
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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
AccesstoWork............. ..... 3.16,6.2.1,12.1
Accident Prevention. . . . . . . . . . . . . . . , . . . . . . . . . . . . .. 4.2.3,10
Acts and Omissions ... 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2,3,4.3.2,
4.3.9,8.3.1, 10.1.4,10.2.5,13.4.2,13.7,14.1
Addenda . . . . . . . . . . . . .. 1. 1. 1 , 3. II
Additional Cost, Cl;lims for.... .. . .. 4.3.6,4.3.7,4.3.9,6.1.1,10.3
Additional Inspections and Testing. . . . . .. 4.2.6,9.8.2, 12.2.1, 13.5
Additional Time, Claims for. . . . . . 4.3.6,4.3.8,4.3.9,8.3.2
ADMINISTRATION OF THE CONTRACT. . . . . .. 3.3.3,4,9.4,9.5
Advertisement or Invitation to Bid. . . . . . .. 1. 1.1
AestheticEffect..................... 4.2.13,4.5.1
Allowances . . . . . . . . . . . . . . . . . . . . .. 3.8
All-risk Insurance. . . . . . . . . , . . . . . . . . . .. 11.3.1.1
Applications for Payment .. 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3,
9.8.3,9.10.1,9.10.3,9,10.4,11.13, 14.2.4
2.4,3.3.3,3.5,3.10.2,3.12.4 through 3.12.8, 3.18.3,
4.2.7,9.3.2, 11.3.1.4,13.4.2,13.5
4.1.4,4.3.2,4.3.4,4.4.4,4.5,
8.3.1,10.1.2,11.3.9, 11.3.10
Architect . . . . . . . . . . . . . . " 4.1
Architect, Definition of. . . . . . . . . . . . .. 4.1.1
Architect, Extent of Authority . 2.4,3.12.6,4.2,4.3.2,4.3.6,
4.4, 5.2, 6.3, 7.1.2, 7.2. I, 7.3.6, 7.4, 9.2, 9.3.\,
9.4,9.5,9.6.3,9.8.2,9.8.3,9.10.1,9.10.3, ]2.1, 12,2.1,
. 13.5.1, n.5.2, 14.2.2, 14.2.4
Architect, Limitations of Authority and Responsibility. 3.3.3,3.12.8,
~~.12.11, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12,
4.2.13,4.3.2,5.2.1,7.4,9.4.2,9.6.4,9.66
Architect's Additional Services and Expenses. . . . . . . . .. 2.4,9.8.2,
11.3.1.1,12.2.1,12.2.4,13.5.2,13,5.3,14.2.4
Architect's Administration of the Contract. . . . . .. 4.2,4.3.6,
4.3.7,4.4,9.4,9.5
Architect's Approvals 2.4, 3.5. 1,3.10.2, 3.12.6, 3.] 2.8, :\.18.3,4.2.7
Architect's Authority to Reject Work. . .. 3.5. 1,4.2.6, 12.1.2, 12.2.1
Architect's Copyright ... . . . . . . . . . . . . . . . .. 1.3
Architect's Decisions. . . . .. ... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,
4.3.2, 4.~~.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.:~.6, 7.3.8, 8.1.:~, 8j.l,
9.2,9.4,9.5.1, 9.H.2, 9.9.1,10.1.2,13.5.2, 14.2.2, 14.2.4
Architect's Inspections. .. 4.2.2,4.2.9,4.3.6,9.4.2, 9.H.2,
9.9.2,9.]0.1, 13.5
Architect's Instructions.. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1, 12.1, 13.5.2
Architect's Interpretations. . . . . 4.2. 11,4.2.12,4.3.7
Architect's On.Site Observations. . . . . .. 4.2.2,4.2.5,4.3.6,9.4.2,
9.5.1,9.10.1,13.5
Architect's Project Representative . . . . . . . . . . .. 4,2.10
Architect's Relatioilship with Contractor. I. 1.2,3.2.1,3.2.2,
~n.3, ~~.5.1, 3.7.3, 3.11, 3.12.8, 3.12.11, 3.16, 3.1H, 4.2.3, 4.2.4,
4.2.6,4.2.12,5.2,6.2.2,7.3.4,9.8.2,11.3.7,12.1,13.5
Architect's Relationship with Subcontractors. . .. 1.1.2,4.2.3,4.2.4,
4.2.6,9.6.3,9.6,4, 11.3.7
9.4.2,9.5. 1,9.10.1
4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1,
9.8.2,9.9.2,9.10.1, U.5
. . . . . . .. ............ 101
...... 3.18.1,9.10.2,10.1.4
6.1.1
Approvals . .
Arbitration
Architect's Represent:ttions . . . .
Architect's Site Visits.
Asbesttls
AtWrneys' Fees . .
A ward of Separate Contracts. .
Award of Subcontracts and Other Contracts for
Portions of the Work . .
Basic Definitions. . . . . . . .
Bidding Requirel11cllts . . . . . . . . . . . . .
Boller and Machinery Insurance
Bonds, Lien . . . . . . . . . . .
Bonds, Perforn1ance and Payment. . . .
5.2
1.1
1.1 1,1.1.7,5.2.1,11.4.1
11.3.2
. .. 9.10.2
7.3.6.4,9.10.3, 11.:1.9,11.4
INDEX
Building Permit ............................... 3.7.1
Capitalization. . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . .. 1.4
Certificate of Substantial Completion. . . . . . . , . . . . . . . . . . 9.8.2
Certificates for Payment. . . . . .. 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,
9.6.6,9.7.1,9.8.3,9.10.1,9.10.3,13.7,14.1.1.3,14.2.4
Certificates of Inspection, Testing or Approval. . . ., 3.12.11, 13.5.4
Certificatesoflnsurancc .................. 9.3.2,9.10.2,11.1.3
Change Orders. .... 1.1.1,2.4.1,3.8.2.4,3.1 I, 4.2.8, 4.3.'3, 5.2.3,
7.1,7.2,7.3.2,8.3.1,9.3.1.1,9.10.:1, 11.3.1.2,
11.3.4,11.3.9,12.1.2
Change Orders, Definition of. . . . . . . . . . ., . . . . . . . . . . . . .. 7.2.1
Changes........... .. .... .. .. ....... ...... 7.1
CHANGES IN THE WORK .... 3.11,4.2.8,7,8.3.1,9.3.1.1, 10.1.3
Claim, Definition of . : . . . . . . . . . . . . . . '... . . . . . . . . . .. 4.3.1
Claims and Disputes. . . . . . . . . . . . . . .. 4.3,4.4,4,5,6.2.5,8.3.2,
9.3.1.2, 9.3.3, 9.10.4, 10.1.4
Claims and Timely Assertion of Claims ................ 4.5.6
Claims for Additional Cost ........ 4.3.6,4.3.7,4.3.9,6.1.1,10.3
Claims for Additional Time. . . . . . . .. 4.3.6,4.3.8,4.3.9,8.3.2
Claims for Concealed or Unknown Conditions. . . . . . . . . .. 4.3.6
Claims for Damages.. .3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2,10.1.4
Claims Subject to Arbitration. . . . .. .......... 4.3.2,4.4.4,4.5.1
Cleaning Up ............. 3.15,6.3
Commencement of Statutory Limitation Period. . . . . . . . .. 13.7
COl11mencementofthc Work,Conditions Relating to ....... 2.1.2,
2.2.1,3.2.1,3.2.2,3.7.1,3.10.1,3.12.6,4.3.7,5.2.1,
6.2.2, 8. I .2, 8.2.2, 9.2, 11.1.3, J 1.3.6, 11.4.1
Commencement of the Work, Definition of . . . . . . . . . . . . . .. 8.1.2
Communications Facilitating Contract
Administration ..... . . . . . . .. 3.9,1,4.2.4,5.2.1
Completion, Conditions Relating to . . . . .. 3. I 1,3.15,4.2.2,4.2.9,
4.3.2,9.4.2,.9.8,9.9.1,9.10,11.3.5,12.2.2,137.1
COMPLETION, PAYMENTS AND ... .'. . ... .. . ... 9
Completion, Substantial..... ..:. 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3,
9.8,9.9.1,12.2.2,13.7
Compliance with Laws ...... 1.3,3.6,3.7,3.13,4.1.1,10.2.2,11.1,
11.:1,13.1,13.5.1,13.5.2,13.6,14.].1,14.2.1.3
Concealed or Unknown Conditions. . . . , . . . . . . . . : . . . . . .. 4.3.6
Conditions of the Colltract . . . . . . . . . . . . . 1. 1.1, 1.1.7,6.1.1
Consent, Written .. . 1.3.1,3.12.8,3.14.2,4.1.2,
4.3.4,4.5.5,9.3.2,9.8.2,9.9.1,9.10.2, 9.10.3,10.1.2,10.1.3,
11.3.1,11.3.1.4, 11.3.1 I, 13.2, 13.4.2
CONSTRUCTION BY OWNER OR BY SEPARATE
CONTRACTORS , . . . . . . . .. . . . . . , . . . . . . . . . . . . .. 1.1.4,6
Construction Change Directive, Del1nition of. . . . . . . . . 7.3.1
Construction Change Directives. . .. 1.1.1,4.2.8,7.1,7.3,9.3.1.1
Construction Schedules, Contractor's .. , . . . 3.10,6,1.3
Contingent Assignment of Subcontracts .. 5.4
Continuing Contract Performance . . . . . . . . . . 4.3.4
Contract, Definition of. . . . . . . . . . . . .. 1. 1.2
CONTRACT, TERMINATION OR
SUSPENSION OFTHE .................. 4.3.7,5.4.1.1,14
Contract Administration. . . . . . . . . . , . . . . . . . 3.3.3,4,9.4,9.5
Contract Award and Execlltion, Conditions Relating to . 3.7.1,
. 3.10,5.2,9.2, 11.1.3, 11.3.6, 11.4.1
Contract Documents, The.......,........... 1.1,1.2,7
Contract Documents, Copies Furnished and Use of. .. 1.3,2.2.5,5:3
Contract Documents, Definition of ..... . . . , . . . . . . . . 1.1.1
Contract Performance During Arbitration. . . . . .. 4.3.4,4.5.3
Contract Sum. . . . . . . . . . . . . . . . . .. 3.8,4.3.6,4.3.7,4.4.4,5.2.3,
6.1.3,7.2,7.3,9.1,9.7, ] 1.:~.1, 12.2.4, 12.3,142.4
Contract Sum, Definition of. . . . . . . . . . . . . . . . . . . . . . .. 9.1
Contract Time ................. 4.3.6; 4.3.8, 4.4.4, 7.2.1.3, 7.3,
8.2.!, 8.3.1, 9.7,12.1.1
Contract Time, Definition of . . . . . . . . . . . . . . . . . . . . . . . . .. 8.1.1
2 A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AIA~ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.c. 2(JIJlJ6
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~. . .'
CONTRACTOR. ............. . . . . . . . . . . . . . . . . . . .. 3
Contractor, DefinItion of . . . . . . . . . . . . . . . . . . . . . . . ,. 3.1, 6.1.2
Contractor's Bid. . . . . . . . . . . . . . . . . . , . . . . . . . . . .. 1.1.1
Contractor's ConstructIon Schedules . . . . . . . . . . . " 3.10, 6.1.3
Contractor's Employees. . . . . .. 3.3.2,3.4.2,3.8.1,3.9,3.18,4.2.3,
4.2.6,8.1.2,10.2,10.3,11.1.1,14.2.1.1
Contractor's L1ablllty Insurance. . . . . . . . . . . . 11.1
Contractor's Relationship with Separate ContractOrs
and Owner's Forces. . . . .. 2.2'.6,3.12.5,3.14.2,4.2.4,6,12.2.5
Contractor's Relationship with Subcontractors. . . . . .. 1.2.4,3.3.2,
. 3.18.1,3.18.2,5.2,5.3,5.4,9.6.2,11.3.7,,11.3.8, 14.2.1.2
Contractor's Relationship with the Architect .... 1.1.2,3.2.1,3.2.2,
3.3.3,3.5.1,3.7.3,3.11,3.12.83.16,3.18,4.2.3, 4.2.4, 4.2.6,
4.2.12,5.2,6.2.2,7.3.4,9.8.2,11.3.7,12.1, 13.5
Contractor's Representations.. 1.2.2,3.5.1,3.12.7,6,2.2,8.2.1,9.3.3
Contractor's Responsibility for Those
Performing the Work. . . . .. 3.3.2,3.18,4.2.3, 10
Contractor's Review of Contract Documents. ..... 1.2.2,3.2,3.7.3
Contractor's Right to Stop the \X'ork . . . . . . . . . . . . .. 9.7
ContractOr's Right to Terminate the Contract. . . . .. 14.1
Contractor'sSubmittals ...... 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,
7.3.6, 9.2, 9.3.1: 9.8.2, 9.9.1, 9.10.2,
9.10.3,10.1.2,11.4.2, 11.4.3
Contractor's Superintendent . .. 3.9,10.2.6
Contractor's Supervision and Construction Procedures. . . 1.2.4,
3.3,3.4,4.2.3,8.2.2,8.2.3,10
Contractual Liability Insurance. . . . . . . . . . .. 11.1.1. 7, 11.2.1
Coordination and Correlation .............. 1.2.2, 1.2 .4, 3.~~.1,
3.10,3.12.7,6.1.3,6.2.1
Copies Furnished of Drawings and Specifications. . . ' 1.3,2.2.5,3.11
Correction of Work . . . .. 2.3,2.4,4.2.1,9.8.2,
9.9.1,12.1.2,12.2,13.7.1.3
Cost, Definition of . . . . . . . . . . . . . . . . . . . . .. 7.3.6,14.3.5
Costs. . .. 2.4,5.2.1,3.7.4,3.82,3.15.2.4.3.6,4.3.7,4.3.8.1,5.2.3,
6.1.1,6.2.3,6.3, 7.3.B, 7.3.6, 7.3.7, 9.7,9.8.2,9.10.2, 11.3.1.2,
11.3.1.3,11.3.4,11.3.9,12.1,12.2.1,12.2.4,12.2.5,13.5,14
Cutting and Patching. ..... .............. 3.14,6.2.6
Damage to Construction of Owner or Separate Contractors 3.14.2,
6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5
Damage to the Work. . . .. 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3
Damages,Claimsfor.. ~~.18,4.3.9,6.1.1,6.2.s,8.3.2,9.5.1.2, 10.1.4
Darnages for Delay. ................... 6.1.1,8.3.3,9.5.1.6,9.7
Date of Commencement of the Work, Definition of. . . . . . . .. 8.1.2
Date of Substantial Completion, Definition 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,
4.3.2,4,3.6,4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1,9.2,
9.4,9.5.1,9.82,9.9.1,10.1.2,13.5.2,14.2.2,14.2.4
Decisions to Withhold Certification . . .. 9.5,9.7,14.1.1.3
Defective or Nonconforming Work, Acceptance,
Rejectjon and Correction of ..... 2.3,2.4,3.5.1,4.2.1,
4.2.6,4.3.5,9.5.2,9.8.2,9.9.1, 10.2.5, 12, 13.7.1.3
Defective Work, Definition of ................ ..3.5.1
Definitions...... 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1,
4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1,9.1,9.8.1
Delays and Extensions of TIme. . 4.3.1,4.3.8.1,4.3.8.2,
6.1.1,6.2.3,7.2.1,7.3,1,7.3.4,7.3.5,7.3.8,
7.3.9,8.1.1,8.3,10.3.1,14.1.1.4
Disputes .... . .. 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.3.8,9.3.1.2
Documents and Samples at the Site . . . . . . . . . . . 3.11
Drawings, Definition of . . . . . . . . . . . . . . . . 1.1.5
Drawings and Specifications, Use and Ownership of. . . .. 1.1.1, 1.3,
2.2.5,3.11,53
Duty to Review Contract Documents and Field Conditions. . . .. 3.2
Effective Date of Insurance . . . . . . . . . . . . . . . 8.2.2,11.1.2
Emergencies . . . . . . . . . . . . . . . . . . . . .. 4.3.7,,10.3
Employees, Contractor's. . . . 3.3.2,3.4.2,3,8.1,3.9,3.18.1,
3.18.2,4.2.3,4.2.6,8.1.2,10.2,10.3,11.1.1,14.2.1.1
Equipment, Labor, Materials and. . . . . . . . .. 1.1.3, 1.1.6,3.4,3.5.1,
3.8.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,42.7,
6.2.1,7.3.6,9.3,2,9.3.3,11.3, 12.2.4,14
Execution and Progress of the Work ....... 1.1.3.1.2.3,3.2,').4.1,
3.5.1,4.2.2,4.2.3,4.3.4,4.3.8,6.2.2,7.1.3,
7.3.9,8.2,8.3,9.5,9.9.1,10.2, 14.2, 14.3
Execution, CorrelatIon and Intent of the
Contract Documents. . . . . . . .. . . . 1.2,3.7.]
Extensions of Time .... 4.3.1,4.3.H, 7.2.1.3,8.3,10.3.1
Failure of Payment by Contractor ........... 9.5.1.3,14.2.1.2
Failure of Payment by Owner ... ............ 4.3.7,9.7,14.1.3
Faulty Work (See Defective or Nonconforming Work)
Final Completion and Final Payment ........ 4.2.1,4.2.9,4.3.2,
4.3.5,9.10, ]1.1.2,11.1.3,11.3.5,12.3.1,13.7
Financial Arrangements, Owner's. . . . . . . . . . . . . . . .. 2.2.1
Fire and Extended Coverage Insurance . . . . . . . . . . . . . . 11.3
GENERAL PROVISIONS. ......... .. 1
Governing Law .... ... .. .. .. .. .. .. .. 13.1
Guarantees (See Warranty and Warranties)
Hazardous Materials. . . . . . . . . . . . . . 1 D.l, 10.2.4
Identification of Contract Documents ................... 1.2.1
Identification of SubcontractOrs and Suppliers. . . . . . . . . . . .. 5.2.1
Indemnification. 3.17,3.18,9.10.2, 1D.1.4,] 1.3.1.2, 11.:~.7
Information and Services Required of the Owner. . . .. 2.1.2,2.2,
4.3.4,6.1.3,6.1.4,6.2.6,9.3.2,9.6.1,9.6.4, 9.H.3, 9.9.2,
9.10,3,10.1.4,11.2,11.3, 13.5.1, 13.5.2
Injury or Damage to Person or Property. . . . . . . . . . .. 4.3.9
Inspections............... .. 3.3.3,3.3.4,3.7.1,4.2.2,
4.2.6,4.2.9,4.3.6,9.4.2, 9.8.2,9.9.2, 9.10.1, 13.5
111structions to Bidders. . . . .. 1.1.1
Instructions to the Contractor. . .. 3.8.1, 4.2.R, 5.2.1,7, 12.1, 1 ~~.5.2
.Insurance....... 4.3,9.6.1.1, 7.3.6.4,9.3.2,9.8.2,9.9.1,9.1U.2, 11
Insurance, Boller and MachInery .. 11.3.2
Insurance, Contractor's LiabilIty . . . . . . . . . . . . . . . . . . , . .. 11.1
Insurance, Effective D:ne of . . 8.2.2, 11.1.2
Insurance, Loss of Use. . . . . . . . . . .. II.,.,
Insurance, Owner's Liability. . . . . . . . . . . . . . . . . . . . 11.2
Insurance, Property. . . . . . . . . . . . . . ". 10.2.5,11.3
Insurance, Stored Materials ..... . . . . . . . . . . . . . .. 9.3.2,] 1.3.1.4
INSURANCE AND BONDS . . . . . . . . . . . 11
Insurance Companies, Consent to Partial Occupancy. .9.9.1, I 1.3.11
Insurance Companies, Settlement with. . . . ... . . . . . .. 11.3.10
Intent of the Contract Documents.. . . . . . . 1.2.5,3.12.4,
4.2.6. '4.2.7.42.12,4.2.13,7.4
Interest.. .. .. .. .. .. .. .. .. .. .. ... 13.6
Interpretation. 1.2.5, 1.4,1.5,4.1.1,4.3.1,51,6.1.2, H.I.4
1nterpretations,\X'ritten ............... 4.2.11,4.2.12,4.'3.7
Joinder and Consolidation of Claims Required. . . . . . . . . . . .. 4.5.6
JudgmentonFlnaJAward......... 4.5.1,4.5.4.1,4.5.7
Labor and Materials, Equipment. . .. 1.1.3,1.1.6,3.4,3.5.1,3.8.2,
3.12.2,3.12.3,3.12.7,3.12.11, 3.U, 3.15.1,
4.2.7,6.2.1,7.3.6,9.3.2,93.3,12.2.4, 14
Labor Disputes. . . . . , . . . . . . .. 8.:'\.1
Laws and Regulations 1.3,3.6,3.7, 3.n, 4.1.1,4.5.5,4.5.7,
9.9.1,10.2.2,11.1, I U, 13.1,13.4, n.5.l, 13.5.2, 13.6
Liens. . . . . . . . . .. . . . .. 2.1.2,4..'\.2,4.:'\.5.1,8.2.2,9.3.3,9.10.2
Limitation on Consolidation or Joinder . . . . .. 4.5.5
Limitations, Statutes of . . 4.5.4.2,12.2.6,13.7
Limitations of Authority. . . . . . . . , . . . .. 3.3.1,4.1.2,4.2.1,
4.2.3,4.2.7,4.2.10,5.2.2,5.2.4,7.4, 11.:\.10
A201-1987 3
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIA<!> . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 17~5 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
"
t J
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1
I
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!
LimitationsofLiability ..... 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.11,
3.17,3.18,4.2.6,4.2.7,4.2,12,6.2.2,9.4.2,9.6.4,9.10.4,
10.1.4,10.2.5,11.1.2,11.2.1, 11.3.7, 13.4.2, 13.5.2
Limitations of Time, General ........... 2.2.1,2.2.4,3.2.1,3.7.3,
3.8.2,3.10,3.12.5,3.15.1,4.2.1,4.2.7,4.2.11,4.3.2,
4.3.3,4.3.4,4.3.6,4.3.9,4.5.4.2,5.2.1,5.2.3, 6.2.4, 7.3.4, 7.4,
8.2,9.5,9.6.2,9.8,9.9,9.10,11.1.3,11.3.1,11.3.2,11.3.5,
11.3.6,12.2.1,12.2.2,13.5,13.7
LimitationsofTime,Specific......... 2.1.2,2.2.1,2.4,3.10,3.11,
3.15.1,4.2.1,4.2.11,4.3,4.4,4.5,5.3,5.4;7.3.5, 7.3.9, 8.2,
9.2, 9.3.1, 9.3.3. 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6,
11.3.10,11.3.11,12.2.2, ]2.2.4, 12.2.6,13.7,14
Loss of Use Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11.3.3
Material Suppliers .... ...... 1.3.1,3.12.1,4.2.4,4.2.6,5.2.1,
9.3.1,9.3.1.2,9.3.3,9.4.2,9.6.5,9.10.4
Materials, Hazardous . . . . . . . . . . . . . . . . . . . . . .. 10.1, 10.2.4
Materials, Labor, Equipment and. . . .. 1.1.3,1.1.6,3.4,3.5.1,3.8.2,
3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7,6.2.1,
7.3.6,9.3.2,9.3.3,12.2.4,14
Means, Methods, Techniques, 'Sequences and
Procedures of Construction. . .. 3.3.1,4:2.3,4.2.7,9.4.2
Minor Changes In the Work. . . 1.1.1,4.2.8,4.3.7,7.1,7.4
MISCELLANEOUS PROVISIONS. . . . . . . . . . . . . . . .. 13
Modifications, Definition of . . . . . . . . . . . . . . . . . . . . . , . . . .. 1.1.1
Modifications to the Contract .......... 1.1.1,1.1.2,3.7.3,3.11,
4.1.2,4.2.1,5.2.3,7,8.3.1,9.7
Mutual Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . .. 6.2
Nonconforming Work, Acceptance of . . . . . . . . . . . . . . . .. 12.3
Nonconforming Work, Rejection and Correction of . 2.3.1,
4.3.5,9.5.2,9.8.2,12,13.7.1.3
Notice.. . .. . . . .. ... 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8,
3.1i.9, 3.17, 4.3, 4,4.4, 4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,
9.5.1,9.6.1,9.7,9.10,10.1.2,10.2.6,11.1.3,11.3,12.2.2,
12.2.4,13.3, 13.5.1, 13.5.2, 14
Notice,Wrltten ............... 2.3,2.4,3.9,3.12.8,3.12.9,4.3,
4.4.4,4.5, 5.2.1. 5.3, 5.4.1.1,8.2.2,9.4. 1,9.5.1,9.7,9.10,
10.1.2,10.2.6,11.1.3,11.3,12.2.2,12.2.4,13.3,13.5.2,14
Notice of Testing and Inspections. . . . . . . ] 3.5.], ] 3.5.2
Notice to Proceed. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. 8.2.2
Notices, Permits, Fees and ..... 2.2.3,3.7,3.13,7.3.6.4, 10.2.2
Observations, Architect's On.Site ......,.......... 4,2.2,4.2.5,
4.3.6,9.4.2,9.5.1,9.10.1, 13.5
Observations, Contractor's. .... .. .. . . .. .. . . ..... .. 1.2.2,3.2.2
Occupancy. . . . . . . . . . . . . . . . . . . . . . . .. 9.6.6,9.8.1,9.9, 11.3.11
On.Site Inspections by the Architect. . . . . .. 4,2.2,4.2.9,4.3.6,
9.4.2,9.8.2,9.9.2,9.10.1
. . . . .. 4.2.2,4.2.5,4.3.6,
9.4.2,9.5.1,9.10.1, 13.5
2.3,3.9,4.3.7,7,8.2.2,11.3.9,12.1,
12.2, n.5.2, 14.3.1
OWNER. . . . . . . . . . . . . . . . . . . . . . . . . 2
Owner, Definition of . . . . . . . . . . . . . . . 2.1
Owner, Information and Services Required of the.. . . . . ,. 2.1,2,
2.2, 4.3.4, 6, 9, 10.1.4, 11.2, 11.3, 13.5.1, 14.1.1.5, 14.1.3
Owner's Authority ......... 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.'1.1,
7.3.1,8.2.2,9.3.1,9.3.2,11.4.1,12.2.4,13.5.2, 14.2, 14.3.1_
Owner's Financial Capability. . 2.2.1, 14.1.1. 5
Owner's Liability Insurance. . . . . . . . . . . . . . . . . . . . .. .. 11.2
Owner's Loss of Use Insurance. . . , . 11.3.3
Owner's Relationship with Subcontractors . . '. . . . . . . . . . 1.1.2,
5.2.1,5.4.],9.6.4
2.4,12.2.4, 14.2.2.2
. .. .... ... 6.3
On.Site Observations by the Architect
Orders, Written
Owner's Right to Carry Out the Work.
Owner's Right to Clean Up . . . . . .
Owner's Right to Perform Construction and to
Award Separate Contracts . . . . . . . . . . . . . . . . . . . . . . . .. 6.1
Owner's Right to Stop the Work. . . . . . . . . . . . . . , . . .. 2.3,4.3.7
Owner's Right to Suspend the Work ..................... 14.3
Owner's Right to Terminate the Contract. . . . . . . . . . , , . . . .. 14.2
Ownership and Use of Architect's Drawings, Specifications
and Other Documents, . . . . , . . . . . . . . .. 1.1.1, .1.3,2.2.5,5.3
Partial Occupancy or Use . . . . . . . . . , . , . . . .. 9.6.6,9.9, 11.3.] 1
Patching, Cutting and. . . . . . . . . . . . . . . . . . . . . . . , .. 3.14,6.2.6
Patents, Royalties and ........... . . . . , . . . . . . . . . . , . .. 3.17
Payment, Applications for. . . . . . . . . . . . . . .. 4.2.5,9.2,9.3,9.4,
9.5.1,9.8.3,9.10.1,9.10.3,9.10,4,14,2.4
Payment, Certificates for. . . . . . . . . .. 4.2.5,4.2.9,9.3.3,9.4,9.5,
9,6.1,9.6.6,9.7.1,9.8;3,9.10.1,9.10.3,13.7, 14,1.1.3, 14.2.4
Payment, Failure of. ................. ......... 4.3.7,9.5.1.3,
9.7,9.10.2,14.1.1.3,14.2.1.2
Payment,Final............ 4.2.1,4.2.9,4.3.2,4.3.5,9.10,11.1.2,
11.1.3, 11.3.5, 12.3.]
Payment Bond, Performance Bond and. . . . . . . . . . . . .. 7.3.6.4,
9.]0.3,11.3.9,11.4
. . . . . . . . . . . . .. 4.3.4,9.3,9.6,
9.8.3,9.]0.3,13.6,14,2.3
PAYMENTS AND COMPLETION. ................... 9,14
Payments to Subcontractors. . . . . . . . . . . .. 5.4.2,9.5.1.3,
9,6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2
PCB,.... ..................................,..... ]0.1
Performance Bond and Payment Bond. . . . . . . . . . . . . . . .. 7.3.6.4,
9.] 0.3, 11.3.9, 11.4
Permits, Fees and Notices. . . . . .. 2.2.3,3.7,3.13,7.3.6.4, 10.2.2
PERSONS AND PROPERTY, PROTECTION OF . . . . . . . . . . .. 10
Polychlorinated Biphenyl . . . . . . . . . . . . . .. 10.1
Product Data, Definition of. . . . . . . . . .-. . . . . . . . . . . 3.12.2
Product Data and Samples, Shop Drawings. 3.11,3.12,4.2.7
Progress and Completion. . . ... . . . . . . . . . . . . .. 4.2.2,4,3.4,8.2
Progress Payments ............... . . . . . . .. 4.3.4,9.3,
9.6, 9.8.3, 9.10.3, 13.6, 142.3
Project, Definition of the. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.1.4
ProJect Manual, Definition of the ............... 1.1.7
Proiect Manuals . . . . . . . . . . . . . . . . . . .. 2.2.5
Project Representatives' . . . . . . . . . . . . .. 4.2.10
Property Insurance . .. ..................... 10.2.5,11.3
PROTECTION OF PERSONS AND PROPERTY. . . . . . . . . . . .. 10
Regulations and Laws. . . . . . . . . . ., 1.3,3.6,3.7,3.13,4.1.1,4.5.5,
4.5.7,10.2.2, ]1.1, 11.3,13.1,13.4,13.5.1,13.5.2, ]3.6,14
Rejection of Work .. .... . ... ... ... ... 3.5.1,4.2.6, ]2.2
Releases of Waivers and Liens. . . . .. . . . . . . .. . . .. 9.10.2
Representations.......,... ....... 1.2.2,.'>.5.1,3.12.7,
6.2.2,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2,9.JO.I
. . . . . . . . . . . . . . . . . .. 2.1.1,3.1.1,39,
4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2,13.21
Resolution of Claims and Disputes. . . . . . . . . . . . . . . . .. 4.4,4.5
Responsibility for Those Performing the Work. . . . . . . . . . .. 3.3.2,
4.2.3, 6.1.3, 6.2, 10
Retainage ........ 9.3.1,9.6.2,9.8.3,9.9.1,9.10.2,9.11>.:1
Review of Contract Documents and Field
Conditions by Contractor. . .. . .. . . ... 1.2.2,3.2,3.7.3,3.12.7
Review of Contractor's Submittals by
Owner and Architect ....
Payments, Progress
Representatives.
3.10.1,3.10.2,3.1 I, 3.12,
4.2.7,4.2.9,5.2.],5.2.3,9.2,9.8.2
Review of Shop Drawings, Product Data
and San1ples by ContracLOr .................. 3.12.5
Rights and Remedies ... ....... 1.1.2,2.3,2.4,3.5.1,3.15.2,
4.2,6,4.3.6,4.5,5.3,6.1,6.3,7.3.1,8.3.1,9.5.1, 9.7,10.2.5,
10.3,12.2.2,12.2.4,13.4, 14
Royalties and Patents . . . . . . . . . . . . . . . . . . . . . . . . 3.17
4 A201-1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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Rules and Notices for Arbltratl~n . . . . . . . . . . . . . . . . . . . .. 4.5.2
Safety of Persons and Property ..."..........,....... 10.2
SafetyPrecautlorisandPrograms ........... 4.2.3,4.2.7,10.1
Samples, Definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3.12.3
Samples,ShopDrawlngs,ProductDataand ... 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 .. ............................. 3.10
SeparateComractsandContractors.......... 1.1.4,3.14.2,4.2.4,
" 4,5.5,6,11.3.7,12.1.2, 12.2.5
Shop Drawings, Definition of. ........................ 3.12.1
Shop Drawings, Product Data and Samples. . .. 3.11,3.12,4.2.7
Site, Use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3.13; 6.1.1,6.2.1
Site Inspections. . .1.2.2,3.3.4,4.2.2,4.2.9,4.3.6,9.8.2,9.10.1, 13.5
Site Visits, Architect's. . . . . . . . . . . . . . . .. 4.2.2, '4.2.5,4.2.9,4.3.6,
9.4.2,9.5.1,9.8.2,9.9.2,9.10.1,13.5
Special Inspections and Testing . . . . . . . . . . . . .. 4.2.6, 12.2.1, 13.5
Specifications, Definition of the. . . . . . . . . . . . .. ......... 1.1.6
Specifications, The. . . . . . . . .. 1.1.],1.1.6, 1.1.7, 1.2.4, 1.3,3.11
Statutes of Limitations ......... ...... 4.5.4.2,12.2.6,13.7
Stopping the Work. ............ 2.3,4.3.7,9,7,10.1.2,10.3,14.1
Stored Materials ........... 6.2.1,9.3.2,10.2.1.2,11.3.1.4,12.2.4
Subcontractor, Definition of. . . . , . . . . . . . . . . . . . . . . . . . . .. 5.1.1
SUBCONTRACTORS ..................... .....5
Subcontractors, Work by. . . . . . . . . . . . . . . . .. 1.2.4,3.3.2,3.12.1,
4.2.3,5.3, 5.4
Subcontractuel Relations... ... ., ., . ... 5.3,5.4,9.3.1.2,9.6.2,
9.6.3,9.6.4,10.2.1,11.3.7,11.3.8,14.1.1,14.2.1.2,14.3.2
Submittals.. . . . .... 1.3,3.2.3,3.10, :\.11, 3.12, 4.2.7, 5.2.1, 5.2.3,
7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,11.1.3
Subrogation, Waivers of. ....... ... 6.1.1,11.3.5,11.3.7
Substantial Completion. . . . . . . . . . . .. 4.2.9,4;3.5.2;8.1.1,8.1,3,
8.2.3,9.8,9.9.1,12.2.1,12.2.2,13.7
Substantial Completion, Definition of. . . . . . . . . 9.8.1
Substitution of Subcontractors . . .. . . . . . , ; . . . . . . . .. 5.2.3,5.2.4
Substitution of the Architect. . . . . . . . . . . . . . 4.1.3
Substitutions of Materials . . . . . . . . . . . . . . . . . . . , . . . . . . . 3.5.1
Sub-subcontractor, Definition of . . . . . . . . . . . . . . . 5.1.2
Subsurface Conditions . . . . . . . .. 4.3.6
Successors and Assigns .................... 13.2
Superintendent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3.9, 10.2.6
Supervision and Construction Procedures . . , . .. 1.2.4,3.3,3.4,
4.23,4.3.4,6.1.3,6.2.4,7.1.3,7.3.4,8.2,8.3,1,10,12,14
Surety............... 4.4.1,4.4.4,'5,4,1.2,9,10.2,9.10.3,14.2.2
Surety, Consent of.. .. .. .. .. .. ...... .. ... 9.9.1,9.10.2,9.10.3
Surve)'s. . . :. . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. .. 2,2.2,3,18:3
Suspension by the Owner for Convenience . . . . " 14.3
Suspension of the Work 4.3,7,5.4.2,14.1.1.4,14.3
Suspension or Termination of the Contract ...... 4,3.7,5.4.1.1,14
Taxes ,.......................,.,.....,..... 3.6,7.3.6.4
Termination by the Contractor .................,...... 14.1
Termination by the Owner for Cause. . . . . . . . . . , .. 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 ..... 3.3.3,4.2.6,4.2.9,9.4.2, 12.2.1,13.5
TIME.......................... .'.................... 8
Time, Delays and Extensions of . . . . . . . . . . . . .. 4.3.8,7.2.1,8.3
Time Limits, Specific ........ 2.1.2,2.2.1,2.4,3.10,3.11,3.15.1,
4.2.1,4.2.11,4.3.4.4,4.5,5.3,5.4,7,3.5,7.3,9,8.2, 9.2, 9.3.1,
9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2,11.1.3,11.3,6,11.3.10,
11.3.11,12.2.2,12.2.4,12.2.6,13.7,14
Time limits on Claims. . . . . . .. 4.3.2,4.3.3,4.3.6,4.3.9,4.4,4.5
Title to Work . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . .. 9.3.2,9.3.3
UNCOVERING AND CORRECTION OF WORK ............. 12
Uncovering of Work .... .. .. .. .. .. .. .. . 12.1
Unforeseen Conditions.. ..............,... 4.3,6,8.3,1,10.1
Unit Prices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7.1.4,7.3.3.2
Use of Documents ................. 1.1.1,1.3,2.2.5,3.12.7,5.3
Use of Site .. . .. . . . . . . . . . . . . . . . . . . . . . . . .. 3.13, 6.1.1,6.2.1
Values, Schedule of ...................,........ 9.2,9.3.1
Waiver of Claims: Final Payment. . . . . . . . . .. 4.3.5,4.5.1,9.10.3
\X'aiverofClaimsbytheArchitect...................... 13.4.2
Waiver of Claims by the Contractor. ....... 9.10.4,11.3.7,13.4.2'
Waiver of Claims by the Owner" . . . . . . . . .. 4.3.5,4.5.1,9.9.3,
9.10.3, 11.3,3, 11.3.5, 11.3.7, 13.4.2
Waiver of Liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9.10.2
Waivers of Subrogation . .. .... ... .. . . ., ... 6.1.1,11.3.5,11.3.7
Warranty and Warranties. . . . . . . . . . . . . . . . . . . . . . . .. 3.5,4.2.9,
4.3.5.3. 9.3,3, 9.8,2, 9.9.1, 12.2.2, 13.7.1.3
Weather Delays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.3.8.2
When Arbitration May Be Demanded . . . . . . . . . . . . . . . . .. 4.5.4
Work, Definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.1.3
Written Consent .............. 1.3.1,3.12.8,3.14.2.4.1.2,4.3.4,
4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 10.1.3,
11.3. r, 11.3.1.4, 11.3.11, 13.2, 13.4.2
Written Interpretations . . . . . . . . . . . . . . . . . .. 4.2.11,4.2.12.4.3.7
Written Notice. . . . . . . . . .. 2.3,2.4,3.9,3.12.8,312.9,4.3,4.4.4,
4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10,10.1.2,
10.2;6, 11.1.3, 11.3, 12.2.2, 12.2.4,13.3, 13.5.2,14
Written Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2.3,3.9,4.3.7,
7,8.2.2,11.3.9,12.1,12.2,13.5.2,14.3.1
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTtON . FOURTEENTH EDITION
AlA <!) . @1987 THE AMERICAN INSTtTUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A201-1987 5
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GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
ARTICLE 1
GENERAL PROVISIONS.
1.1 BASIC DEFINITIONS
1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents consist of the Agreement between
Owner and Contractor (hereinafter the Agreement), Conditions
of the Contract (General, Supplementary and other Conditions),
Drawings, Specifications, addenda issued prior to execution of
the Contract, other documents listed in the Agreement and
Modifications issued after execution of the Contract. A Modifi-
cation is (1) a written amendment to the Contract signed by
both parties, (2) a Change Order, (3) a Construction Change
Directive or (4) a written order for a minor change in the Work
issued by the Architect. Unless specifically enumerated in the
Agreement, the Contract Documents do not include other
documents such as bidding requirements (advertisement or
invitation to bid, Instructions to Bidders, sample forms, the
Contractor's bid or portions of addenda relating to bidding
requirements).
1.1 .2 THE CONTRACT
The Contract Documents form the Contract for Construction.
The Contract represents the entire and integrated agreement
between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. The Con-
tract may be an1ended or modified only by a Modification. The
Contract Documents shall not be construed to create a contrac-
tual relationship of any kind (1) between the Architect and Con-
tractor, (2) between the Owner and a Subcontractor or Sub-
subcontractor or (3) between any persons or entities other than
the Owner and Contractor. The Architect shall, however, be
entitled to performance and enforcement of obligations under
the Contract intended to facilitate performance of the
Architect's duties.
1.1.3 THE WORK
The term "Work" means the construction and services
required by the Contract Documents, whether completed or
partially completed, and includes all other labor, materials,
equipment and services provided or to be provided by the
Contractor to fulfill the Contractor's obligations. The Work
may constitute the whole or a part of the Project.
1.1.4 THE PROJECT
The Project is the total construction of which the Work per-
formed under the Contract Documents may be the whole or a
part and which may include construction by the Ow!,\er or by
separate contractors. .
1.1.5 THE DRAWINGS
The Drawings are the graphic and pictorial portions of the Con-
tract Documents, wherever located and whenever issued,
showing the design, location and dimensions of the Work,
generally including plans, elevations, sections, details, sched-
ules and diagrams.
1.1.6 THE SPECIFICATIONS
The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equip-
ment, construction systems, standards and workmanship for
the Work, and performance of related services.
1.1.7 THE PROJECT MANUAL
The Project Manual is the volume usually assembled for the
Work which may include the bidding requirements, sample
forms, Conditions of the Contract and Specifications.
1.2 EXECUTION, CORRELATION AND INTENT
1.2.1 The Contract Documer,,~ ';11<111 be signed by the Owner
and Contractor as provided in the Agreement. If either the
Owner or Contractor or both do not sign all the Contract
Documents, the Architect shall identify such unsigned Docu-
ments upon request.
1.2.2 Execution of the Contract by the Contractor is a repre-
sentation that the Contractor has visited the site, become famil-
iar with local conditions under which the Work is to be per-
formed and correlated personal observations with require-
ments of the Contract Documents.
1.2.3 The intent of the Contract Documents is to include all
items necessary for the proper execution and completion of the
Work by the Contractor. The Contract Documents are comple-
mentary, 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 Docu-
. ments and reasonably inferable from them as being necessary
to produce the intended results.
1.2.4 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,
1.2.5 Unless otherwise stated in the Contract Documents,
words which have well-known technical or construction indus-
try meanings are used in the Contract Documents in accord-
ance with such recognized meanings.
1.3 OWNERSHIP AND USE OF ARCHITECT'S
DRAWINGS, SPECIFICATIONS AND OTHER
DOCUMENTS
1.3.1 The Drawings, Specifications and other documents
prepared by the Architect are instrume'nts of the Architect's
service through which the Work to be executed by the Con-
tractor is described. The Contractor may retain one contract
record set. Neither the Contractor nor any Subcontractor, Sub-
subcontractor or material or equipment supplier shall own or
claim a copyright in the Drawings, Specifications and other
documents prepared by the Architect, and unless otherwise
indicated the Architect shall be deemed the author of them and
will retain all common law, statutory and other reserved rights,
in addition to the copyright. All copies of them, except the
Contractor's record set, shall be returned or suitably accounted
for to the Architect, on request, upon completion of the Work.
The Drawings, Specifications and other documents prepared
by the Architect, and copies thereof furnished to the Contrac-
tor, are for use solely with respect to this Project. They are not
to be used by the Contractor or any Subcontractor, Sub-
subcontractor or material or equipment supplier on other proj-
ects or for additions to this Project outside the scope of the
6 A201-1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDlTlON
AIA<!> . @1987THEAMERICANINSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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Work without the specific written consent of the Owner and
Architect. The Contractor, Subcontractors, Sub-subcontractors
and material or equipment suppliers are granted a limited
licenselo use and reproduce applicable portions of the Draw-
ings, Specifications and other documents prepared by the
Architect appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made under
this license shall bear the statutory copyright notice, if any,
shown on the Drawings, Specificiltions and other documents
prepared by the Architect. Submittal or distribution to meet
official regulatory requirements or for other purposes in con-
nection with this Project is not to be construed as publication
in derogation of the Architect's copyright or other reserved
rights.
1.4 CAPITALIZATION
1.4.1 Terms capitalized in these General Conditions include
those which are (I) specifically defined, (2) the titles of num-
bered articles and identit1ed references to Paragraphs, Subpara-
graphs and Clauses in the document or (3) the titles of other
documents published by the American Institute of Architects.
1.5. INTERPRETATION
1.5.1 In the interest of brevity the Contract Documents fre-
quently omit modifying words such as "all" and "any" and arti-
cles such as "the" and "an," but the fact that a modifier or an
article is absent from one statement and appears in another is
not intended to affect the interpretation of either statement.
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ARTICLE 2
OWNER
2.1 DEFINITION
2.1.1 The Owner is the person or entity identified as such in
the Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Owner" means
the Owner or the Owner's authorized representative.
2.1.2 The Owner upon reasonable written request shall furnish
to the Contractor in writing information which is necessary and
relevant for the Contractor to evaluate, give notice of or
enforce mechanic's lien rights. Such information shall include a
correct statement of the record legal title to the property on
which the Project is located, usually referred to as the site, and
the Owner's interest therein at the time of execution of the
Agreement and, within five clays after any change, information
of such change in title, recorded or unrecorded.
2.2 INFORMATION AND SERVICES
REQUIRED OF THE OWNER
2.2.1 The Owner shall, at the request of the Contractor, prior
to execution of the Agreement and promptly from time to time
thereafter, furnish to the Contractor reasonable evidence that
financial arrangements have been llIade to fulfill the Owner's
obligations under the Contract. (Note: Ullless slIcb reasollable
euidellce were Jil/'llisbed all request prior to tbe executioll of
tbe ARreell/el/t, tbe prospectiue cOllfractol' would Ilot be
rel/uired 10 exeulte tbe Agreeme/lt 01' to COllllllel/Ce tbe \Fork.]
2.2.2 The Owner shall furnish surveys .describing physical
characteristics, legal limitations and utility locations for the site
of the Project, and a legal description of the site.
2.2.3 Except for permits and fees which are the responsibility
of the Contractor under the Contract Documents, .the Owner
slnll secure ancl pay for necessary approvals, easements, aSsess-
ments and charges required for construction, use or occupancy
of permanent structures or for permanent changes in existing
facilities.
2.2.4 Information or services under the Owner's control shall
be furnished by the Owner with reasonable promptness to
avoid delay in'orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents,
the Contractor will be furnished, free of charge, such copies of
Drawings and Project Manuals as are reasonably necessary for
execution of the Work.
2.2.6 The foregoing are in addition to other duties and respon-
sibilities of the Owner enumerated herein and especially those
in respect to Article 6 (Construction by Owner or by Separate
Contractors), Article 9 (Payments and Completion) and Article
11 (Insurance and Bonds).
2.3 OWNER'S RIGHT TO STOP THE WORK
2.3.1 If the Contractor fails to correct Work which is not in
accordance with' the requirements of the Contract Documents
as required by Paragraph 12.2 or persistently fails to carry out
Work in accordance with the Contract Documents, the Owner,
by written order signed personally or by an agent specifically so
empowered by the Owner in writing, may order the Contrac-
tor to stop the Work, or any portion thereof, until the cause for
such order has been eliminated; however, the right of the
Owner to stop the Work shall not give rise to a duty on the part
of the Owner to exercise' this right for the benefit of the' Con-
tractor 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 the Contract Documents and fails
within a seven-day period after receipt of written notice from
the Owner to commence and continue correction of such
default or neglect with diligence and promptness, the Owner
may after such seven-day period give the Contractor a second
written notice to correct such deficiencies within a second
seven-day period. If the Contractor within such second scven-
day period after receipt of such second notice fails to com-
mence and continue to correct any deficiencies, the Owner
llIay, without prejudice to other remedies the Owner may
have, correct such deficiencies. In such case an appropriate
Change Order shall be issued deducting from payments then or
thereaft'er due the Contr:lctor the cost of correcting such defi-
ciencies, including compensation for the Architect's additional
services and expenses made necessary by such default, neglect
or failure. Such action by the Owner and amounts charged to
the Contractor are both subject to prior approval of the Archi-
tect. If payments then or thereafter due the Contractor are not
sufficient to cover such amounts, the Contractor shall pay th~
differcnce to the Owner.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The Contractor is the person or entity identified as such
in the Agreement and is referred to throughout the Contract
Documents as if singular in number, The term "Contractor"
means the Contractor 01' the Contractor's authorized
representative.
.AIA DOCUMENT A201 . GENERAL CONDtTtONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AlA!!> . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2000(i
A201-1987
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3.2 REVIEW OF CONTRACT DOCUMENTS AND
FIELD CONDITIONS BY CONTRACTOR
3.2.1 The Contractor shall carefully study and compare the
Contract Documents with each other and with information
furnished by the Owner pursuant to Subparagraph 2.2.2 and
shall at once report to the Architect errors, inconsistencies or
omissions discovered, The Contractor shall not be liable to the
Owner or Architect for damage resulting from errors, inconsis-
tencies or omissions in the Contract Documents unless the
Contractor recognized such error, inconsistency or omission
and knowingly failed to report it to the Architect. If the Con-
tractor performs any construction activity knowing it involves
a recognized error, inconsistency or omission in the Contract
Documents without such notice to the Architect, the Contrac-
tor shall assume appropriate responsibility for such perfor-
mance and shall bear an appropriate amount of the attributable
costs for correction.
3.2.2 The Contractor shall take field measurements and verify
field conditions and shall carefully compare such field mea-
surements and conditions and other information known to the
Contractor with the Contract Documents before commencing
activities. Errors, inconsistencies or omissions discovered shall
be reported to the Architect at once.
3.2.3 The Contractor shall perform the Work in accordance
with the Contract Documents and submittals approved pur-
suant to Paragraph 3.12,
I.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall supervise and direct the Work,
using the Contractor's best skill and attention. The Contractor
shall be solely responsible for and have control over construc-
tion means, methods, techniques, sequences and procedures
and for coordinating all portions of the Work under the Con-
tract, unless Contract Documents give other specific instruc-
tions concerning these matters.
3.3.2 The Contractor shall be responsible to the Owner for acts
and omissions of the Contractor's employees, Subcontractors
and their. agents and employees, and other persons performing
portions of the Work under a contract with the Contractor.
3.3.3 The ContractOr shall not be relieved of obligations to per-
form the Work in accordance with the Contract Documents
either by activities or duties of the Architect in the Architect's
administration of the Contract, or by tests, inspections or
. approvals required or performed by persons .other than the
Contractor.
3.3.4 The ContractOr shall be responsible for inspectibn of por-
tions of Work already performed under this Contract to deter-
mine that such portions are in proper condition to receive sub.
sequent Work.
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract Documents,
the Contractor shall provide and pay for labor, materials, equip-
ment, tools, construction equipment and machinery, water,
heat, utilities, transportation, and other facilities and services
ne.cessary for proper execution and completion of the Work,
whether temporary or permanent and whether or not incorpo-
rated or to be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good
order among the Contractor's employees and other persons
carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks
assigned to them.
3.5 WARRANTY
3.5.1 The Contractor warrants to the Owner and Architect that
materials and equipment furnished under the Contract will be
of good quality and new unless otherwise required or permit-
ted by the Contract Documents, that the Work will be free
from defects not inherent in the quality required or permitted,
and that the Work will conform with the requirements of the
Contract Documents. Work not conforming to these require-
ments, 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 under 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
3.6.1 The Contractor shall pay sales, consumer, use and similar
taxes for the Work or portions thereof provided by the Con-
tractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely
scheduled to go into effect.
3.7 PERMITS, FEES AND NOTICES
3.7.1 Unless otherwise provided in the Contract Documents,
the Contractor shall secure and pay for the building permit and
other permits and governmental fees, licenses and inspections
necessary for proper execution and completion of the Work
which are customarily secured after execution of the Contract
and which are legally required when bids are received or nego-
tiations concluded,
3.7.2 The Contractor shall comply with and give notices
required by laws, ordinances, rules, regulations and lawful
orders of public authorities bearing on performance of the
Work.
3.7.3 It is not the Contractor's responsibility to ascertain that
the Contract Documents are in accordance with applicable
laws, statutes, ordinances, building codes, and rules and regula-
tions. However, if the Contractor observes that portions of the
Contract Documents are at variance therewith, the Contractor
shall promptly notify the Architect and Owner in writing, and
necessary changes shall be accomplished by appropriate
Modification.
3.7.4 If the Contractor performs Work knowing it to be con-
trary to laws, statutes, ordinances, building codes, and rules and
regulations without such notice to the Architect and Owner,
the Contractor shall assume. full responsibility for such Work
and shall bear the attributable costs.
3.8 ALLOWANCES
3.8. i The Contractor shall include in the Contract Sum all
allowances stated in the Contract Documents. Items covered
by allowances shall be supplied for such amounts and by such
persons or entities as the Owner may direct, but the Contractor
shal1 not be required to employ persons or entities against
which the Contractor makes reasonable objection.
3.8.2 Unless otherwise provided in the Contract Documents:
.1 materials and equipment under an al10wance shal1 be
selected promptly by the Owner to avoid delay in the
Work;
.2 allowances shall cover the cost to the Contractor of
materials and equipment delivered at the site and al1
required taxes, less applicable trade discounts;
8 A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
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.3 Contractor's costs for unloading and handling at the
site, labor, installation costs, overhead, profit and
other expenses contemplated for stated allowance
amounts shall be included in the Contract Sum and
not in the allowances;
.4 whenever costs are more than or less than allowances,
the Contract Sum shall be adjusted accordingly by
Change Order. The amount of the Change Order shall
reflect (1) the difference between actual costs and the
aUowances under Clause 3.8.2.2 and (2) changes in
Contractor's costs under Clause 3.8.2.3,
3.9 SUPERINTENDENT
3.9.1 The Contractor shall employ a competent superinten-
dent and necessary assistants who shaU be in attendance at the
Project site 8uring performance of the Work, The superinten- .
dent shall represent the Contractor, and communications given
to the superintendent shall be as binding as if given to the Con-
tractor. Important communications shall be confirmed in writ-
ing. . Other communications shall be similarly confirmed on
written request in each case,
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
3.10.1 The Contractor, promptly after being awarded the Con.
tract, shall prepare and submit for the Owner's and Architect's
information a Contractor's construction schedule for the \'(fork.
The schedule shall not exceed time limits current under the
Contract Documents, shall be revised at appropriate intervals as
required by the conditions of the Work and Project, shall be
related to the entire Project to the extent required by the Con-
tract Documents, and shall provide for expeditious and practi-
cable execution of the Work.
3.10.2 The Contractor shall prepare tl11d keep current, for the
Architect's approval, a schedule of submittals which is coordi-
nated with the Contractor's construction schedule and allows
the Architect reasonable time to review submittals.
3.10.3 The Contractor shall conform to the most recent
schedules.
3.11 DOCUMENTS AND SAMPLES AT THE SITE
3.11.1 The Contractor shall maintain at the site for the Owner
one record copy of the Drawings, Specifications, addenda,
Change Orders and other Modifications, in good order and
marked currently to record changes and selections made during
construction, and in addition approved Shop Drawings, Prod-
uct Data, Samples and similar required submittals. These shall
be available to the Architect and shall be delivered to the Archi-
tect for submittal to the Owner upon completion of the Work.
3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
3.12.1 Shop Drawings are drawings, diagrams, schedules and
other data specially prepared for the Work by the Contractor or
a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work. _
3.12.2 Product Data are illustrations, standard schedules, per-
formance charts, instructions, brochures, diagrams and other
information furnished by the ContractOr to illustrate materials
or equipment for some portion of the \Vork.
3.12.3 Samples are physical examples which illustrate
materials, equipment or workmanship and establish standards
by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar sub-
mittals are not Contract Documents, The purpose of their sub-
mittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor proposes
to conform to the information given and the design concept
expressed in the Contract Documents. Review by the Architect
is subject to the limitations of Subparagraph 4.2.7.
3.12.5 The Contractor shall review, approve and submit to the
Architect Shop Drawings, Product Data, Samples and similar
submittals required by the Contract Documents with reason-
able promptness and in such sequence as to cause no delay In
the Work or in,the activities of the Owner or of separate con-
tractors. Submittals made by the Contractor which are not
required by the Contract Documents may be returned without
action.
3.12.6 The Contractor shall perfo'rm no portion of the Work
requiring submittal and review of Shop Drawings, Product
Data, Samples or similar submittals until the respective submit-
tal has been approved by the Architect. Such Work shall be in
accordance with approved submittals.
3.12.7 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 related thereto, or
will do so, and has checked and coordinated the information
contained within such submittals with the requirements of the
Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility
for deviations from requirements of the Contract Documents
by the Architect's approval of Shop Drawings, Product Data,
Sah1ples or similar submittals unless the Contractor has
specifically informed the Architect in writing of such deviation
at the time of submittal and the Architect has given written
approval to the specific deviation. The Contractor shall not be
relieved of responsibility for errors or omissions in Shop Draw-
ings, Product Data, Samples or similar submittals by the Archi-
tect's approval thereof.
3.12.9 The Contractor shall direct specifi.c attention, in writing
or on resubmitted Shop Drawings, Product Data, Samples or
similar submittals, to revisions other than thOSe requested by
the Architect on previous submittals.
3.12.10 informational submittals upon' which the Architect is
not expected to take responsive action may be so identified in
the Contract Documents.
3.12.11 When professional certification of performance criteria
of materials, systems or equipment is required by the Contract
Documents, the Architect shall be entitled to rely upon the
accuracy and completeness of such calculations and certifi-
cations.
3.13 USE OF SITE
3.13.1 The Contractor shall confine operations at the site to
areas permitted by law, ordinances, permits and the Contract
Documents and shall not unreasonably encumber the site with
materials or equipment,
3.14 CUTTING AND PATCHING
3.14.1 The Contractor shall be responsible for cutting, fitting
or patching required to complete the Work or to make its parts
fit togeth~r properly.
3.14.2 The Contractor shall not damage or endanger a portion
of the Work or fully' or partially completed construction of the
Owner or separate contractors by cutting, patching or other-
wise altering such construction, or by excavation. The Contrac-
tor shall not cut or otherwise alter such construction by the
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRlICTION . FOURTEENTH EDITION
AIA<!l . @1987 THE AMERICAN tNSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20{Jo6
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Owner or a separate contractor except with written consent of
the Owner and of such separate contractor; such consent shall
not be unreasonably withheld, The Contractor shall not unrea-
sonably withhold from the Owner or a separate contractor the
Contractor's consent to cutting or otherwise altering the Work.
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3.15 CLEANING UP
3.15.1 The Contractor shall keep the premises and surround-
ing area free from accumulation of waste materials or rubbish
c'aused by operations under the Contract. At completion of the
Work the Contractor shall remove from and about the Project
waste materials, rubbish, the Contractor's tools, construction
equipment, machinery and surplus materials.
3.15.2 If the Contractor fails to clean up as provided in the
Contract Documents, the Owner may do so and the cost
thereof shall be charged to the Contractor.
3.16 ACCESS TO WORK
3.16.1 The Contractor shall provide the Owner and Architect
access to the Work in preparation and progress wherever
located.
3.17 ROYALTIES AND PATENTS
3.17.1 The Contractor shall pay all royalties and license fees.
The Contractor shall defend suits or claims for infringement of
patent rights and shall hold the Owner and Architect harmless
from loss on account thereof, but shall not be responsible for
such defense or loss when a particular design, process or prod-
uct of a particular manufacturer or manufacturers is required by
the Contract Documents. However, if the Contractor has rea-
son to believe that the required design, process or product is an
infringement of a patent, the Contractor shall be responsible for
such loss unless such information is promptly furnished to the
Architect.
3.18 INDEMNIFICATION
3.18.1 To the fullest extent permitted by law, the Contractor
shall indemnify and hold harmless the Owner, Architect, ArchI-
tect's consultants, and agents alld employees of any of them
from and against claims, damages, losses and expenses, includ.
ing but not limited to attorneys' fees, arising out of or resulting
from performance of the Work, provided that such claim, dam-
age, loss or expense is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible prop-
erty (other than the Work itself) including loss of use resulting
therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of the Contractor, a Subcontractor,
anyone directly or indirectly employed by them or anyone for
whose acts they may be liable, regardless of whether or not
such claim, damage, loss or expense is caused in part by a party
indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a party or person
described in this Paragraph 3.18.
3.18.2 In claims against any person or entity indemnified
under this Paragraph 3.18 by an emplQyee of the Contractor, a
Subcontractor, anyone directly or indirectly employed by them
or anyone for whose acts they may be liable, the indemnifica-
tion obligation under this Paragraph 3.18 shall notbe limited by
a limitation on amount or type of damages, compensation or
benefits payable by or for the Contractor or a Subcontractor
under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
3.18.3 The obligations of the Contractor under this Paragraph
3.18 shall not extend to the liability of the Architect, the Archi-
tect's consultants, and agents and employees of any of them
arising out of (1) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifica-
tions, or (2) the giving of or the failure to give directions or
instructions by the Architect, the Architect's consultants, and
agents and employees of any of them provided such giving or
failure to give is the primary cause of the injury or damage.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1 ARCHITECT-
4.1.1 The Architect is the person lawfully licensed to practice
architecture or an entity lawfully practicing architecture iden-
tified as such in the Agreement and is referred to throughout
the Contract Documents as if singular in number. The term
"Architect" means the Architect or the Architect's authorized
representative.
4.1.2 Duties, responsibilities and limitations of authority of the
Architect as set forth in the Contract Documents shall not be
restricted, modified or extended without written consent of the
Owner, Contractor and Architect. Consent shall not be unrea-
sonably withheld.
4.1.3 In case of termination of employment of the Architect,
the Owner shall appoint an architect against whom the Con-
tractor makes no reasonable objection and whose status under
the Contract Documents shall be that of the former architect.
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4.2 ARCHITECT'S ADMINISTRATION r-. d-'
OF THE CONTRACT
4.2.1 The Architect will provide administration of the Contract
as described in the Contract Documents, and will be the
Owner's representative (1) during construction" (2) until final
payment is due and (3) with the Owner's concurrence, from
time to time during the correction period described in Para-
graph 12.2. The Architect will advise and consult with the
Owner. The Architect will have authority to act on behalf of the
Owner only to the extent provided in the Contract Documents,
unless otherwise modified by written instrument in accordance
with other provisions of the Contract.
4.2.2 The Architect will visit the site at intervals appropriate to
the stage of construction to become generally familiar with the
progress and quality of the completed Work and to determine
in general if the Work is being performed in a manner indicat-
ing that the Work, whcn completed, will be in accordance with
the Contract Documents. However, the Architect will not be
required to make exhaustive or continuous on-site inspections
to'check quality or quantity of the Work. On the basis of on-
. site observations as an architect, the Architect will keep the
Owner informed of progress of the \Xfork,and will endeavor to
guard the Owner against defects and deficiencies in the Work.
4.2.3 The Architect will not have control over or chargc of and
will not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, since these are
solely the Contractor's responsibility as provided in Paragraph
3.3. The Architect will not be responsible for the Contractor's
failure to carry out the Work in accordance with the Contract
Documents. The Architect will not have control over or charge
of and will not be responsible for acts or omissions of the Con-
10
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AlA DOCUMENT A201 n GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AlAI!> . @1987 THE AMERICAN INSTtTUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASH1NC>TON, D.C. 20006
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tractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the Work.
4.2.4 Communications Facilitating Contract Administra-
tion. Except as otherwise provided in the Contract Documents
or when direct communications have been specially autho-
rized, the Owner and Contractor shall endeavor to communi-
cate through the Architect. Communications by and with the
Architect's consultants shall be through the Architect. Commu-
nications by and with Subcontractors and material suppliers
shall be through the Contractor. Communications by and with
separate contractors shall be through the Owner.
4.2.5 Based on the Architect's observations and evaluations of
the Contractor's Applications for Payment, the Architect wiJI
review and certify the amounts due the Contractor and will
issue Certificates for Payment in such amounts.
4.2.6 The Architect will have authority to reject Work which
does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable for implementa-
tion of the intent of the Contract Documents, the Architect wiJI
have authority to require additional inspection or testing of the
Work in accordance with Subparagraphs 13.5,2 and 13.5.3,
whether or not such Work is fabricated, installed or completed.
However, neither this authority of the Architect nor a decision
made in good faith either to exercise or not to exercise such
authority shall give rise to a duty or responsibility of the Archi-
tect to the Contractor, Subcontractors, material and equipment
suppliers, their agents or employees, or other persons perform-
ing portions of the Work.
4.2.7 The Architect will review and approve or take other
appropriate action upon the Contractor's submittals such as
Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information
given and the design concept expressed in the Contract Docu-
ments. The Architect's action will be taken with such reason-
able promptness as to cause no delay in the Work or in the
activities of the Owner, Contractor or separate contractors,
while allowing sufficient time in the Architect's professional
judgment to permit adequate review. Review of such submittals
is not conducted for the purpose of determining the accuracy
and completeness of other details such as dimensions and
quantities, or for substantiating instmctions for installation or
performance of equipment or systems, all of which remain the
responsibility of the Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submit-
tals shall' not relieve the Contractor of the obligations under
Paragraphs 3.3,3.5 and 3.12. The Arehite~t's review.shall not
constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect, of any construction means,
methods, techniques, sequences or procedures. The Architect's
approval of a specific item shall not indicate approval of an
assembly of which the item is a component.
4.2.8 The Architect will prepare Change Orders and Construc-
tion Change Directives, and may authorize minor changes in
. the Work as provided in Paragraph 7.4.
4.2.9 The Architect will conduct inspections to determine the
date or dates of Substantial Completion and the date of final
completion, will receive and forward to the Owner for the
Owner's review and records written warranties and related
documents required by the Contract and assembled by the
Contractor, and will issue a final Certificate for Payment upon
compliance with the requirements of the Contract Documents.
4.2.10 If the Owner and Architect agree, the Architect will pro-
viele one or more project representatives to assist in carrying
out the Architect's responsibilities at the site. The duties,
responsibilities and limitations of authority of such project
representatives shall be as set forth in an exhibit to be incorpo-
rated in the Contract Documents.
4.2.11 The Architect will interpret and decide matters concern-
ing performance under and requirements of the Contract
Documents on written request of either the Owner or Contra,c-
tor. The Architect's response to such requests will be made
with reasonable promptness and within any time limits agreed
upon. If no agreement is made concerning the time. within
which interpretations required of the Architect shall be fur-
nished in compliance with this Paragraph 4.2, then delay shall
not be recognized on account of failure by the Architect to fur-
nish 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 of
drawings. When making such interpretations and decisions, the
Architect will endeavor to secure faithful performance by both
Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions 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 seeking, as a matter of right, adjustment or interpre-
tation of Contract terms, payment of money, extension of time
or other relief with respect to the terms of the Contract. The
term "Claim" also includes other disputes and matters in ques-
tion between the Owner and Contractor arising out of or relat-
ing to the Contract. Claims must be made by written notice.
The responsibility to substantiate Claims shall rest with the
party making the Claim.
4.3.2 Decision of Architect. Claims, including those alleging
an error or omission by the Architect, shall be referred initially
to the Architect for action as provided in Paragraph 4.4. A deci-
sion by the Architect, as provided in Subparagraph 4.4.4, Shalll:/
be required as a condition precedent to aFl;;itrati"p (,M litigation
of a Claim between the Contractor and Owner as to all such
matters arising prior to the date final payment is due, regardless..
of (1) whether such matters relate to execution and progress of
the Work or (2) the extent to which the Work has been com-
pleted. The decision by the Architect in response to a Claim
shall not Qe a condition precedent to jubil1..'t;"~ cy litigation in ~
the event (I) the position of Architect'is vacant, (2) the Architect #n.A ,
,has not received evidence or has failed to render a decision ,W;-r;t-"
within agreed time limits, (3) the Architect has failed to take
action required under Subparagraph 4.4.4 within 30 clays after
the Claim is made, (4) 45 days have passed after the Claim has
been referred to the Architect or (5) the Claim relates to a
mechanic's lien.
4.3.3 Time Limits on Claims. Claims by either party must be
made within 21 days after occurrence of the event giving rise to
such Claim or within 21 days after the c1ailllant first recognizes
the condition giving rise to the Claim, whichever is later. Claims
must be made by written notice. An additional Claim made
after the initial Claim has been implemented by Change Order
will not be considered unless submitted in a timely manner.
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
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4.3.4 Continuing Contract Perfonnance. Pending final reso-.
lution of a Claim":~<:I'I\jli~8 Mh;tr~t;Qp, unless otherwise agreed
in writing the Contractor shall proceed diligently with perfor-
mance of the Contract and the Owner shall continue to make
payments in accordance with the Contract Documents.
4.3.5 Waiver of Claims: Final Payment. The making of final
payment shall constitute a waiver of Claims by the Owner
except those arising from:
.1 liens, Claims, security interests or encumbrances aris.
ing out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements
of the Contract Documents; or '
.3 terms of special warranties required by the Contract
Documents,
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4.3.6 Claims for Concealed or Unknown Conditions. If con-
ditions are encountered at the site which are (1) subsurface or
otherwise concealed physical conditions which differ materi-
ally from those indicated in the Contract Documents or (2)
unknown physical conditions of an unusual nature, whichdif-
fer rnaterially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the
character provided for in the Contract Documents, then notice
by the observing party shall be given to the other party
promptly before conditions are disturbed and in no event later
than 21 days after first observance of the conditions. The Archi-
tect will promptly investigate such conditions and, if they differ
materially and cause an increase or decrease in the Contractor's
cost of, or time required for, performance of any part of the
Work, will recommend an equitable adjustment in the Contract
Sum or Contract Time, or both. If the Architect determines that
the conditions at the site are not materially different from those
indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Architect shall so notify
the Owner and Contractor in writing, stating the reasons.
Claims by either party in opposition to such determination
must be made within 21 days after the Architect has given
notice of the decision. If the Owner and Contractor cannot
agree on an adjustment in the Contract Sum or Contract Time, .
the adjustment shall be referred to the Architect for initial deter-
mination, subject to further proceedings pursuant to Paragraph
4.4.
4.3.7 Claims for Additional Cost. If the Contractor wishes to
make Claim for an increase in the Contract Sum, written notice
as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an
emergency endangering life or property arising under Para-
graph 10.3. If the Contractor believes additional cost is
involved for reasons including but not limited to (1) a written
interpretation from the Architect, (2) an order by the Owner to
stop the Work where the Contractor was not at fault, (3) a writ-
ten order for a minor change in the Work issued by the Archi-
tect, (4) failure of payment by the Owner, (5) termination of the
COntract by the Owner, (6) Owner's suspension or (7) other
reasonable grounds, Claim shall be filed in accordance with the
procedure established herein.
4.3.8 Claims for Additional Time
4.3.8.1 If the Contractor wishes to make Claim for an increase
in the Contract Time, written notice as provided herein shall be
given. The Contractor's Claim shall include an estimate of cost
and of probable effect of delay on progress of the Work. In the
case of a continuing delay only one Claim is necessary.
4.3.8.2 If adverse weather conditions are the basis for a Claim
for additional rime, such Claim shall be documented by data
substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated,
and that weather conditions had an adverse effect on the
scheduled construction.
4.3.9 Injury or Damage to Person or Property. If either party
to the Contract suffers injury or damage to person or property
because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts
such party is legally liable, written notice of such injury or
damage, whether or not insured, shaH be given to the other
party within a reasonable time not exceeding 21 days after first
observance. The notice shall provide sufficient detail to enable
the other party to investigate the matter, If a Claim for addi.
tional cost or time related to this Claim is to be asserted, it shall
be filed as provided in Subparagraphs 4,3.7 or 4.3.8.
4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 The Architect will review Claims and take one or more of
the following preliminary actions within ten days of receipt of a
Claim: (1) request additional supporting data from the claimant,
(2) submit a schedule to the parties indicating when the Archi-
tect expects to take action, (3) reject the Claim in whole or in
part, stating reasons for rejection, (4) recommend approval of
the Claim by the other party or (5) suggest a compromise. The
Architect may also, but is not obligated to, notify the surety, if
any, of the nature and amount of the Claim.
4.4.2 If a Claim has been resolved, the Architect will prepare or
obtain appropriate documentation.
4.4.3 If a Claim has not been resolved, the party making the
Claim shall, within ten days after the Architect's preliminary
response, take one or more of the following actions: (I) submit
additional supporting data requested by the Architect, (2)
modify the initial Claim or (3) notify the Architect that the initial
Clain1 stands.
4.4.4 If a Claim has not been resolved after consideration of the
foregoing and of further evidence presented by the parties or
requested by the Architect, the Architect will notify the parties
in writing that the Architect's decision will be made within
seven days, which decision shall be final and binding on the 1'\.1..)
parties oint Gysj8Gt t9 arsitnHiQQ Upon expiration of such time ~1
period, the Architect will r,ender to the panies the Architect's ~,~~
written decision relative to the Claim, including any change in ~ 0-
the Contract Sum or Contract Time or both. If there is a surety
and there appears to be a possibility of a Contractor's default,
the Architect may, but is not obligated to, notify the surety and
request the surety's assistance in resolving the controversy.
4.5. ontroversies and Claims Subject to Arbitration. Any
controve: or Claim arising out of or related to the Contract,
or the breac hereof, shall be settled by arbitration in accor-
dance with the struction Industry Arbitration'Rules of the
American ArbitratiOI ssociation, and judgment upon the
award rendered by the a 'trator or arbitrators may be entered nA.J
in any court having jurisdict thereof, except controversies "/u1--'V-
or Claims relating to aesthetic ef and except those waived as .
provided for in Subparagraph 4.3. Such controversies or
Claims upon which the Architect has giv 10tice and rendered
a decision as provided in Subparagraph 4.4. I a1J be subject to
arbitration upon written demand of either par Arbitration
may be commenced when 45 days have passed at. a Claim
ha.<; been referred to the Architect as provided in Paragra 4.3
aR8 JXl0 seeici@fx} RaE @@@R r~f'~hu~GJ
12 A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTtON . FOURTEENTH EDITION
AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A':ENUE, N.W., WASHINGTON, D.C. 2(J(J(J(i
tration ' Claim may not be made until the earlier of (I) the
date on whic rchitect has rendered a final written deci-
r\JJI sion on the Claim, (2) t th day after the parties have pre-
,. sented evidence to the Architect ve been given reasonable
fA I 1,1_ opportunity to do so, if the Architect ha 'rcndered a. final
f~ written decision by that date, or (3) any of t events
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Own d Contractor not resolved under Paragraph 4.4 shall,
if subject titration under Subparagraph 4.5.1, ,be decided
by arbitration in rdance with the Construction Industry
Arbitration Rules of the erican Arbitration Association cur-
rently in effect,. unless the pa' mutually agree otherwise.
Notice of demand for arbitration sha filed in writing with
the other party to the Agreement between t wner and Con-
tractor and with the American Arbitration AsSOCI , and a
d Contractor shall comply
tration procee
the cision is final but subject to arbitration and (2) a deli1and
for arb it . n of a Claim covered by such decision must be
made within ays after the date on which the party making
the demand receive e final written decision, then failure to
demand arbitration withu id 30 days' period shall result in
the Architect's decision becol11 final and binding upon the
Owner and Contractor. If the Archite enders a decision after
arbitration proceedings have been initiate, ch decision may
be entered as evidence, but shall not supersede a . ration pro-
ceedings unless the decision is acceptable to a rties
limits Subparagraphs 4.5.1 and 4.5.4 and Clause
4.5.4.1 as app Ie nd in other cases within a reasonable
time after the Claim has art , d in no event shall it be made
after the date when institution of lega itable proceedings
based on such Claim would be barred by the ap' e statute
ng out of or relating to the Contract Documents shall
incl e, by consolidation or joinder or in any other manner,
the Arc 'tect, the Architect's employees or consultants, except
by writte onsent containing spccific reference to the Agree-
ment and sig d by the Architect, Owner, Contractor and any
other person or tity sought to be joined. No arbitration shall
include, by conso ation or joinder or in any other manner,
parties other than th wner, Contractor, a separate contrac-
tor as described in Art! 6 and other persons substantially
involved in a common que 'on of fact or law whose presence
is required if complete relief is be accorded in arbitration. No
person or entity other than the 0 1er, Contractor or a separate
contractor as described in Article 6 1, II be 'included as an orig-
inal third party or additional third part) 0 an arbitration whose
interest or responsibility is insubstantial. nsent to arbitration
involving an additional person or entity s I not constitute
consent to arbitration of a dispute not describec ercin or with
a person or enti.ty not named or described there . The fore-
going agreement to arbitrate and other agreements t arbitrate
with an additional person or entity duly consented to by arties
to the Agreement shall be specifically enforceable under a Ii-
files a of demand for arbitration must assert in the
demand all Claim known to that party on which arbitra- (}6c)
tion is permitted to be dem When a party fails to include TT~~~ h
a Claim through oversight, jnadverte cxcusable neglect, .
or when a Claim has matured or been acquire e uently,
arbitrator or .' hall be final, ~nd judgm~nt may be ~
ent~red,upo~ it 111 accordance Ie law 111 any court 4tj
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 Subcon-
tractor. The term "Subcontractor" does not include a separate
contractor or subcontractors of a separate contractor.
5.1.2 A Sub-subcontractor is a person or entity who has a
direct or indirect contract with a Subcontractor to perform a
portion of the Work at the site. The term "Sub.subcontractor"
is referred to throughout the Contract Documents as if singular
in number and means a Sub-subcontractor or an authorized
representative of the Sub-subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER
CONTRACTS FOR PORTIONS OF THE WORK
5.2.1 Unless otherwise stated in the Contract Documents or
the bidding requirements, the Contractor, as soon as prac-
ticable after award of the Contract, shall furnish in writing to
the Owner through the Architect the names of persons or enti-
ties (including those who are to furnish materials or equipment
fabricated to a special design) proposcd for each principal por-
tion of the Work. The Architect will promptly reply to the Con-
.:'tractor in writing stating whether or not the Owner or the
Architect, after due investigation, has reasonable objection to
any such proposed person or entity. Failure of the Owner or
Architect to reply promptly shall constitute notice of no reason-
able objection. .
5.2.2 The Contractor shall not contract with a proposed per-
son or entity to whom the Owner or Architect has made rea-
sonable and timely objection. The Contractor shall not be
required to contract with anyone to whom the Contractor has
made reasonable objection.
5.2.3 If the Owner or Architect has reasonable objection to a
person or entity proposed by the Contractor, the Contractor
shall propose another to whom the Owner or Architect has no
reasonable objection. The Contract Sum shall be increased or
decreased by the difference in cost occasioned by such change
and an appropriate Change Order shall be issued. However, no
increase in the Contract Sum shall be allowed for such change
unless the Contractor has acted promptly and responsively in
submitting names as required.
5.2.4 The Contractor shall not change a Subcontractor, person
or entity previously selected if the Owner or Architect makes
relSonable objection to such change.
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDlTlON
AlAi!> . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVEN:JE, N.W., WASHINGTON, D.C. 20011(;
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5.3 SUBCONTRACTUAL RELATIONS
5.3.1 By appropriate agreement, written where legally required
for validity, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor,
to be bound to the Contractor by terms of the Contract Docu.
ments, and to assume toward the Contractor all the obligations
and responsibilities whicj1 the Contractor, by these Docu-
ments, assumes toward the Owner and Architect. Each subcon-
tract agreement shall preserve and protect the rights of the
Owner and Architect under the Contract Documents with
respect to the Work to be performed by the Subcontractor so
that subcontracting thereof will not prejudice such rights, and
shall allow to the Subcontractor, unless specifically provided
otherwise in the subcontract agreement, the benefit of all
rights, remedies and redress against the Contractor that the
Contractor, by the Contract Documents, has against the
Owner. Where appropriate, the Contractor shall require each
Subcontractor to enter into similar agreements with Sub-sub-
contractors. The Contractor shall make available to each pro-
posed Subcontractor, prior to the execution of the subcontract
agreement, copies of the Contract Documents to' which the
Subcontractor will be bound, and, upon written request of the
Subcontractor, identify to the Subcontractor terms and condi-
tions of the proposed subcontract agreement which may be at
variance with the Contract Documents. Subcontractors shall
similarly make copies of applicable portions of such documents
available to their respective proposed Sub-subcontractors.
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
5.4.1 Each subcontract agreement for a portion of the Work is
. assigned by the Contractor to the Owner provided that:
.1 assignment is effective only after termination of the
Contract by the Owner for cause pursuant to Para-
graph 14.2 and only for those subcontract agreements
which the Owner accepts by notifying the Subcon-
tractor in writing; and
.2 assignment is subject to the prior rights of the surety,
if any, obligated under bond relating to the Contract.
5.4.2 If the \\;tork has been suspended for more than 30 days,
the Subcontractor's compensation shall be equitably adjusted.
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ARTICLE 6
CONSTRUCTION BY OWNER
OR BY SEPARATE CONTRACTORS
6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION
AND TO AWARD SEPARATE CONTRACTS
6.1.1 The Owner reserves the right to perform construction or
operations related to the Project with the Owner's own forces,
and to award separate contracts in connection with other por-
tions of the Project or other construction or operations on the
site under Conditions of the Contract identical or substantially
similar to these including those portions related to insurance
and waiver of subrogation. If the Contractor claims that delay
or additional cost is involved because of such action by the
Owner, the Contractor shall make such Claim as provided else-
where in the Contract Documents.
6.1.2 When separate contracts are awarded for different por-
tions of the Project or other construction or operations on the
site, the term "ContractOr" in the Contract Documents in 'each
case shall mean the Contractor who executes each separate
Owner-Contractor Agreement.
6.1.3 The Owner shall provide for coordination of the activi-
ties of the Owner's own forces and of each separate contractor
with the Work of the Contractor, who shall cooperate with
them. The Contractor shall participate with other separate con-
tractors and the Owner in reviewing their construction sched-
ules when directed to do so. The Contractor shall make any
revisions to the construction schedule and Contract Sum
deemed necessary after a joint review and mutual agreement.
The construction schedules shall then constitute the schedules
to be used by the Contractor, separate contractors and the
Owner until subsequently revised,
6.1.4 Unless otherwise provided in the Contract Documents,
when the Owner performs construction or operations related
to the Project with the Owner's own forces, the Owner shall be
deemed to be subject to the same obligations and to have the
same rights which apply to the Contractor under the Condi-
tions 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 con-
tractors reasonable opportunity for introduction and storage of
their materials and equipment and performance of their activi-
ties ,md shall connect and coordinate the Contractor's con-
struction and operations with theirs as required by the Contract
Documents.
6.2.2 If part of the Contractor's Work depends for proper
execution or results upon construction or operations by the
Owner or a separate contractor, the Contractor shall, prior to
proceeding with that portion of the Work, promptly report to
the Architect apparent discrepancies or defects in such other
construction that would render it unsuitable for such proper
execution and results. Failure of the Contractor so to report
shall constitute an acknowledgment that the Owner's or sepa-
rate contractors' completed or partially completed construction
is fit and proper to receive the ContractOr's Work, except as to
defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities
or defective construction shall be borne by the party responsi-
ble therefor.
6.2.4 The Contractor shall promptly remedy damage wrong-
fully caused by the Contractor to completed or partially <;om-
pleted construction or to property of the Owner or separate
contractors as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question
between the Contractor and a separate contractor shall be sub-
ject to the provisions of Paragraph 4.3 provided the separate
contractor has reciprocal obligations.
6.2.6 The Owner and each sep,uate contractor shall have the
same responsibilities for cutting and patching as are described
for the Contractor in Paragraph ').14.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises among the Contractor, separate con-
tractors and the Owner as, to the responsibility under their
respective contracts for maintaining the premises and surround-
ing area free from was:e materials and rubbish as described in
Paragraph 3.15, the Owner may clean up and allocate the cost
among those responsible as the Architect determines to be just.
14
A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOU'RTEENTH EDITION
AIA$ . @ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 17:'\5 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(J(lU6
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ARTICLE 7
CHANGES IN THE WORK
7,1 CHANGES
7.1.1 Changes in the Work may be accomplished after execu-
tion of the Contract, and without il1validating the Contract, by
Change Order, Construction Change Directive or order for a
minor change in the Work, subject to the limitations stated in
this Article 7 and elsewhere in the Contract Documents.
7.1.2 A Change Order shall be based upon agreement among
the Owner, Contractor and Architect; a Construction Change
Directive requires agreement by the Owner and Architect and
mayor may not be agreed to by the Contractor; an order for a
minor change in the \X'ork may be issued by the Architect
alone.
7.1.3 Changes in the Work shall be performed under appli-
cable provisions of the Contract Documents: and the Contrac-
tor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a
minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or
subsequently agreed upon, and if quantities originally con-
templated are so changed in a proposed Change Order or Con-
struction Change Directive that application of such unit prices
to quantities of Work proposed will cause substantial inequity
to the Owner or Contractor, the applicable .unit prices shall be
equitably adjusted,
7.2 CHANGE ORDERS
7.2.1 A Change Order is a written instrument prepared by the
Architect and signed by the Owner, Contractor and Architect,
stating their agreement upon all of the following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if
any; and
.3 the extent of the adjustment in the Contract Time, if
any.
7.2.2 Methods used in determining adjustments to the Contract
Sum may include t!lose listed in Subparagr;lph 7.:',.3.
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.1 A Construction Change Directive is a written ordcr pre-
pared by the Architect and signed by the Owner and Architect,
directing a change in' the Work and stating a proposed basis for
adjustment, if any, in the Contract StH11 or Contract Time, or
both. The Owner may by Construction Change Directive,
without invalidating the Contract, order changes in the Work
within the general scope of the Contract consisting of addi-
tions, deletions or other revisions, the Contract Sum and Con-
tract Time being adjusted accordingly.
7.3.2 A Construction Change Directive shall be used in the
absence of total agreement on the terms of a Change Order.
7.3.3 If the Construction Change Directive provides for an
adjustment to the Contract Sum, the adjustment shall be based
on one of the following methods:
.1 mutual acceptance of a lump sum properl)' itemized
and supported by sufficient substantiating data to per-
mit evaluation;
.2 unit prices stated' in the Contract Documents or sub-
sequently agreed upon;
.3 cost to be determined in a manner agreed upon by
the parties and a mutually acceptable fixed or percent-
age fee; or
.4 as provided in Subparagraph 7.3.6.
7.3.4 Upon receipt of a Construction Change Directive, the
Contractor shall promptly proceed with the change in the
Work involved and advise the Architect of the Contractor's
agreement or disagreement with the method, if an)', provided
in the Construction Change Directive for determining the pro-
posed adjustment in the Contract Sum or Contract Time.
7.3.5 A Construction Change Directive signed by the Contrac-
tor indicates the agreement of the Contractor therewith, includ-
ing adjustment in Contract Sum and Contract Time or the
method for determining them. Such agrcement shall be effec-
tive immediately and shall be recorded as a Change Order.
7.3.6 If the Contractor does not respond promptly or disagrees
with the method for adjustment in the Contract Sum, the
method and the adjustment shall be determined by the Archi-
tect on the basis of rcasonable expenditures and savings of
those performing the Work attributable to the change, includ-
ing, in case of an increase in the Contract Sum, a reasonable
allowance for overhead and profit. In such case, and also under
Clause 7.3.3.3, the Contractor shall keep ancl present, in such
form as the Architect may prescribe, an itemized accounting
together with appropriate supporting clata. Unless otherwise
provided in the Contract Documents, costs for the purpo,es of
this Subparagraph 7.3.6 shall be limited to, the following:
.1 costs of labor, including social security, old age and
unemployment insurance, fringe benefits required by
agreement or custom, and workers' or .workmen's
compensation insurance;
.2 costs of materials, supplies and equipment, includ-
ing cost of transportation, whether incorporated or
consumed;
.3 rental costs of machinery ancl equipmcnt, exclusive of
hand tools, whether rented from the Contractor or
others;
.4 costs of premiums for all bonds and insurance, permit
fees, and sales, use or similar taxes related to the
Work; and
.5 additional costs of supervision and fielel office person.
nel directly attributable to the change.
7.3.7 Pending final determination of cost to the Owner,
amounts not in dispute may be included in Applications for
Payment. The ,U110Unt of credit to be allowed by the Contrac-
tor to the Owner for a deletion or change which results in a net
decrease in the Contract Sum shall be actual net cost ,l~ con-
firmed by the Architect. When both additions ancJ credits
covering related Work or substitutions are involved in ,I
change, the allowance for overhead and profit shall be figured
on the basis of net increase, if any, with respect to that change..
7.3.8 If the Owner and Contractor do not agree with the
adjustment in Contract Time or the method for determining it,
the adjustment or thc mcthod shall be referred to the Architect
for determination.
7.3.9 When the Owner and Contractor agree with the deler-
mination made by the Architect concerning the adjustments in
the Contract Sum and Contract Time, or otherwise reach agree-
ment upon the adjustments, such agreement shall be effective
immediately and shall be recorded by preparation and execu-
tion of an appropriate Change Order.
AlA DOCUMENT 11.201 . GENERAL CONDtTlONS OF THE CO~TRACT FOR CONSTRUCTION. FOURTEENTH EDITION'
AlA>!> . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. '21l1J1l6
A201.1987 15
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7.4 MINOR CHANGES IN THE WORK
7.4.1 The Architect will have authority to order minor changes
in the Work not involving adjustment in the Contract Sum or
extension of the Contract Time and not inconsistent with the
intent of the .Contract Documents. Such changes shall be
effected by written order and shall be binding on the Owner
and Contractor. The Contractor shall carry out such written
orders promptly.
ARTICLE 8
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TIME
8.1 DEFINITIONS
8.1.1 Unless otherwise provided, Contract Time is the period
of tinie, including authorized adjustments, allotted in the Con.
tract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date
established in the Agreement. The date shall not be postponed
by the failure to act of the Contractor or of persons or entities
for whom the Contractor is responsible.
8.1.3 The dilte of Substantial Completion is the date certified
b~' the Architect in accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall
mean calendar day unless otherwise specifically defined.
8.2 PROGRESS AND COMPLETION
8.2.1 Time limits stated in the Contract Documents are of the
essence of the Contract. By executing the Agreement the Con.
tractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agree-
ment or instruction of the Owner in writing, prematurely com.
mence operations on the site or elsewhere prior to the effective
date of insurance required by Article 11 to be furnished by the
Contractor. The date of commencement of the Work shall not
be changed by the effective date of such insurance. Unless the
date of commencement is established by a notice to proceed
given by the Owner, the Contractor shall notify the Owner in
writing not less than five days or other agreed period before
commencing the Work to permit the timely filing of mortgages,
mechanic's liens and other security interests.
8,2.3, The Contractor shall proceed expeditiously with ade-
quate forces and shall achieve Substantial Completion within
the Contract Time.
8.3 DELAYS AND EXTENSIONS OF TIME
8.3.1 If the Contractor is delayed at any time in progress of the
Work by ;m act or neglect of the Owner or Architect, or of an
employee of either, or of a separate contractor employed by
the Owner, or by changes ordered in ihe Work, or by labor
disputes, fire, unusual delay in deliveries, unavoidable casualties
or other causes beyond the Contractor's control, or by delay
authorized by the Owner pending arbitration, or by other
causes which the Architect determines may justify delay, then
the Contract Time shall be extended by Change Order for such
reasonable time as the Architect may determine.
8.3.2 Claims relating to time shall be made in accordance with
applicable provisions of Paragraph 4.3.
8.3.3 This Par;lgraph 8.3 does not preclude recovery of dam.
ages for delay by either party under other provisions of the
Contract Documents.
ARTICLE 9
PA YMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract Sum is stated in the Agreement and, includ-
ing authorized adjustments, is the total amount payable by the
Owner to the Contractor for performance of the Work under
the Contract Documents.
9.2 SCHEDULE OF VALUES
9.2.1 Before the first Application for Payment, the Contractor
shall submit to the Architect a schedule of values allocated to
various portions of the Work, prepared in such form and sup-
ported 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 Applica-
tions for Payment.
9.3 APPLICATIONS FOR PAYMENT
9.3.1 At least ten days before the date established for each
progress payment, the Contractor shall submit to the Architect
an itemized Application for Payment for operations completed
in accordance with the schedule of values. Such application
shall be notarized, if required, and supported by such data
substantiating the Contractor's right to payment as the Owner
or Architect may require, such as copies of requisitions from
Subcontractors and material suppliers, and reflecting retainage
if provided for elsewhere in the Contract Documents.
9.3.1.1 Such applications may include requests for payment on
account of changes in the \Xfork which have been properly
authorized by Construction Change Directives but not yet
included in Change Orders.
9.3.1.2 Such applications may not include requests for pay.
ment of amounts the Contractor does not intend to pay to a
Subcontractor or material supplier because of a dispute or other
reason.
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 incor-
poration in the Work. If approved in advance by the Owner,
payment may similarly be made for materials and equipment
suitably stored off the site at a location agreed upon in writing.
Payment for materials and equipment stored on or off the site
shall be conditioned upon compliance by the Contractor with
procedures satisfactory to the Owner to establish the Owner's
title to such materials and equipment or otherwise protect the
Owner's interest, and shall iriclude applicable insurance,
storage and transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by
an Application for Payment will pass to the Owner no later than
the time of payment. The Contractor further warrants that
upon submittal of an Application for Payment all Work for
which Certificates for Payment have been previously issued
and payments received from the Owner shall, to the bcst of the
Contractor's knowledge, information and bclief, be free and
clear of liens, claims, security interests or encumbrances in
favor of the Contractor, Subcontractor.s, material suppliers, or
other persons or entities making a claim by reason of having
provided labor, materials ancl equipment relating tl) thc Work.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Architect will, within seven days after receipt of the
Contractor's Application for Payment, either issue to the
16
A201-1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' !'(;URTHNTH EDITION
AIA<!l . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 17~5 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2000(1
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Owner a Certificate for Payment, with a copy to the Contrac-
tor, for such amount as the Architect determines is properly
due, or notify the Contractor and Owner in writing of the
Architect's reasons for withholding certification in whole or in
part as provided in Subparagraph 9.5.1,
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9.4.2 The issuance of a Certificate for Payment will constitute a
representation by the Architect to the Owner, based on the
Architect's observations at the site and the data comprising the
Application for Payment, that the Work has progressed to the
point indicated and that, to the best of the Architect's knowl-
edge, information and belief, quality of the Work is in accor-
dance with the Contract Documenls. The foregoing representa-
tions are subject to an evaluation of the \Xfork for conformance
with the Contract Documents upon Substantial Completion, to
results of subsequent tests and inspections, to minor deviations
from the Contract Documents correctable prior to completion
and to specific qualifications expressed by the Architect. The
issuance of a Certificate for Payment will further constitute a
representation that the Contractor is entitled to payment in the
an10unt certified. However, the issuance of a Certificate for Pay-
ment will not be a representation that the Architect has (1)
made exhaustive or continuous on-site inspections to check the
quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3)
reviewed copies of requisitions received from Subcontractors
and material suppliers and other data requested by the Owner
to substantiate the Contractor's right to payment or (4) made
exan1ination to ascertain how or for what purpose the Contrac-
tor has used money previously paid on account of the Contract
Sum.
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9.5 DECISIONS TO WITHHOLD CERTIFICATION
9.5.1 The Architect may decide not to certify payment and
may withhold a Certificate for Payment in whole or in part, to
the extent reasonably necessary to protect the Owner, if in the
Architect's opinion the representations to the Owner required
by Subparagraph 9.4.2 cannot be made. If the Architect is
unable to certify payment in the amount of the Application, the
Architect will notify the Contractor and Owner as provided in
Subparagraph 9.4.1. If the Contractor and Architect cannot
agree on a revised amount, the Architect will promptly issue a
Certificate for Payment for the amount for which the Architect
is able to make such representations to the Owner. The Archi-
tect may also decide not to certify payment or, because of
subsequently discovered evidence or subsequent observations,
may nullify the whole. or a part of a Certificate for Payment
previously issued, to such extent as may be necessary in the
Architect's opinion to protect the Owner from loss because of:
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicat-
ing probable filing of such claims;
.3 failure of the Contractor to make payments prop-
erly to Subcontractors or for labor, materials or
equipment;
.4 reasonable evidence that the Work cannot be com-
pleted for the unpaid balance of the Contract Sum;
.5 damage to the Owner or another contractor;
.6 reasonable evidence that the Work will not be com-
pleted within the Contract Time, and that the unpaid
balance would not be adequate to cover actual or
liquidated damages for the anticipated delay; or
.7 persistent failure to carry out the Work in accordance
with the Contract Documents.
9.5.2 When the above reasons for withholding certification are
removed, certification will be made for amounts previously
withheld.
9.6 PROGRESS PAYMENTS
9.6.1 After the Architect has issued a Certificate for Payment,
the Owner shall make payment in the manner and within the
time provided in the Contract Documents, and shall so notify
the Architect.
9.6.2 The Contractor shall promptly pay each Subcontractor,
upon receipt of payment from the Owner, out of the amount
paid to the Contractor on account of such Subcontractor's por-
tion of the Work, the amount to which said Subcontractor is
entitled, reflecting percentages actually retained from payments
to the Contractor on account of such Subcontractor's portion
of the Work. The Contractor shall, by appropriate agreement
with each Subcontractor, require each Subcontractor to make
payments to Sub-subcontractors in similar manner.
9.6.3 The Architect will, on request, furnish to a Subcontrac-
tor, if practicable, information regarding percentages of com-
pletion or amounts applied for by the Contractor and action
taken thereon by the Architect and Owner on account of por-
tions of the Work done by such Subcontractor.
9.6.4 Neither the Owner nor Architect shall have an obligation
to payor to see to the payment of money to a Subcontractor
except as may otherwise be required by Jaw.
9.6.5 Payment to material suppliers shall be treated in a manner
similar to that provided in Subparagraphs 9.6.2,9.6,3 and 9.6.4.
9.6.6 A Certificate for Payment, a progress payment, or partial
or entire use or occupancy of the Project by the Owner shall
not constitute acceptance of Work not in accordance with the
Contract Documents,
9.7 FAILURE OF PAYMENT
9.7.1 If the Architect does not issue a Certificate for Payment,
through no fault of the Contractor, within seven days after
receipt of the Contractor's Application for Payment, or if the
Owner does not pay the Contractor within seven days after the
date established in the Contract Documents the amount cer- uJ
tified by the Architect Dr p~':;IrQ';lQ Qj' ['rl?itrM;9~, then the con-frj-"'.-
tractor may, upon seven additional days' written notice to the
. Owner and Architect, stop the \Xfork until payment of the .',
amount owing has been received. The Contract Time shall be
extended appropriately and the Contract Sum shall be
increased by the amount of the Contractor's reasonable costs of
shut-down, delay and start-up, which shall be accomplished as
provided in Article 7.
9.8 SUBSTANTIAL COMPLETION
9.8.1 Substantial Completion is the stage in the progress of the
Work when the Work or designated portion thereof is suffi-
ciently complete in accordance with the Contract Documents
so the Owner can occupy or utilize the Work for its intended
use.
9.8.2 When the Contractor considers that the Work, ora por-
tion thereof which the Owner agrees to accept separately, is
substantially complete, the Contractor shall prepare and submit
to the Architect a comprehensive list of items to be completed
or correctecl. The Contractor shall proceed promptly to com-
plete and correct items on the list. Failure to include an item on
such list does not alter the responsibility of the Contractor to
complete all Work in accordance with the Contract Docu-
ments. Upon receipt of the Contractor's list, the Architect will
make an inspection to determine whether the Work or desig-
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AlA i!> . (91987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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nated portion thereof is substantially complete. If the
Architect's inspection discloses any item, whether or not
included OIl the Contractor's list, which is not in accordance
with the requirements of the Contract Documents, the Contrac-
to'r shall, before issuance of the Certificate of Substantial Com-
pletion, complete or correct such item upon notification by the
Architect. The Contractor shall then submit a request for
another inspection by the Architect to determine Substantial
Completion. When the \'\'ork or designated portion thereof is
substantially complete, the Architect will prepare a Certificate
of Substantial Completion which shall establish the date of Sub-
stantial Completion, shall establish responsibilities of the
Owner and Contractor for security, maintenance, heat, utilities,
dan1age to the Work and insurance, and shall fix the time
within which the' Contractor shall finish all items on the list
accompanying the Certificate. Warranties required by the Con-
tract Documcnts shall commence on the date of Substantial
Completion of the Work or designated portion thereof unless
otherwise provided in the Certificatc of Substantial Comple-
tion. The Certificate of Substantial Completion shall be sub-
mitted to the Owner and Contractor for their written accep-
tance of responsibilities assigned to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated
portion thereof and upon application by the Contractor and
certification by the Architect, the Owner shall makc payment,
reflecting adjustment in retainage, if any, for such Work or por-
tion thereof as provided in the Contract Documents.
9.9 PARTIAL OCCUPANCY OR USE
9.9.1 The Owner may occupy or use any completed or par-
tially completed portion of the Work at any stage when such
portion is designated by separate agreement with the Contrac-
tor, provided such occupancy or use is consented to by the
insurer as required under Subparagraph] 1.3.11 and authorized
by public authorities having jurisdiction over the Work. Such
partial occupancy or use may commence whether or not the
portion is substantially complete, provided the Owner and
Contractor have accepted in writing the responsibilities
assigned to each of them for payments, retainage if any,.secu-
rity, maintenance, heat, utilities, damage to the Work and insur-
ance, and have agreed in writing concerning the period for cor-
rection of the Work and commencement of warranties
required by the Contract Documents. When the Contractor
considers a portion substantially complete, the Contractor shall
prepare and submit a list to the Architect as provided under
Subparagraph 9.8.2. Consent of the Contractor to partial occu-
pancy or use shall not be unreasonably withheld, The stage of
the progress of the Work shall be determined by written agree-'
ment between the Owner and Contractor or, if no agreement is
reached, by'decision of the Architect.
9.9.2 Immediately prior to such partial occupancy or use, the
Owner, Contractor and Architect shall jointly inspect the area
to be occupied or portion of the Work to be used in order to
determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use
of a portion or portions of the Work shall not constitute accep-
tance of Work not complying with the requirements of the
Contract Documents.
9.10 FINAL COMPLETION AND FINAL PAYMENT
9.10.1 Upon receipt of .written notice that the Work is ready
for final inspection and acceptance and upon j'eceipt of a final
Application for rayment, the Architect will promptly make
such inspection and, when the Architect finds the Work accept-
able under the Contract Documents and the Contract fully per-
formed, the Architect will promptly issue a final Certificate for
Payment stating that t() the best of the Architect's knowledge,
information and belief, and on the basis of the Architect's
observations and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Docu-
ments and that the entire balance found to be due the Contrac-
tor and noted in said final Certificate is due and payable. The
Architect's final Certificate for Payment will' constitute a further
representation that conditions listed in Subparagraph 9.10.2 as
precedent to the Contractor's being entitled to final payment
have been fulfilled. .
9.10.2 Neither final payment nor any remallllllg retained
percentage shall become due until the Contractor submits to
the Architect (1) an affidavit that payrolls, bills for materials and
equipment, and other indebtedness connected with the Work
for which the Owner or the Owner's property might be
responsible or encumbered (less amounts withheld by Owner)
have been paid or otherwise satisfied, (2) a certificate evidenc-
ing that insurance required by the Contract Documents to
remain in force after final payment is currently in effect and will
not be cancelled or allowed to expire until at least 30 days'
prior written notice has been given to the Owner, (3) a written
statement that the Contractor knows of no substantial reason
that the insurance will not be renewable to cover the period
required by the Contract Documents, (4) consent of surety, if
any, to final payment and (5), if required by the Owner, other
data establishing payment or satisfaction of obligations, such as
receipts, releases and waivers of liens, claims, security interests
or encumbrances arising out of the Contract, to the extent and
in such form as may be designated by the Owner. If a Subcon-
tractor refuses to furnish a release or waiver required by the
Owner, the Contractor may furnish a bond satisfactory to the
Owner to indemnify the Owner against such lien. If such lien
remains unsatisfied after payments are made, the Contractor
shallrefund to the Owner all money that the Owner may be
compelled to pay in discharging such lien, including all costs,
and reasonable attorneys' fees.
9.10.3 If, after Substantial Completion of the Work, final com-
pletion thereof is materially delayed through no fault of the
Contractor or by issuance of Change ,Orders affecting t1nal
completion, and the Architect so cont1rms, the Owner shaJJ,
upon application by the Contractor and certitkation by the
Architect, and without terminating the Contract, make payment
of the balance due for that portion of the Work fully completed
and accepted. ]f the remaining balance for Work not fully com-
pleted or corrected is less than retainage stipulated in the Con-
tract Documents, and if bonds have been furnished, the written
consent of surety to payment of the balance due for that por-
tion of the Work fully completed and accept~d shall be submit-
ted 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 n()t
constitute a waiver of claims. The making of final payment shall
constitute a waiver of claims by the Owner as provided in Sub-
paragraph 4.3.5.
9.10.4 Acceptance of final payment by the Contractor, a Sub-
contractor 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. Such waivers shall be in addition to
the waiver described in Subparagraph 4.3.5.
18
A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIA$ . @1987 THE AMERICAN INSTITUTE OF ARCHtTECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.c:. 20006
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ARTICLE 1 0
PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 The Contractor shall be responsible for initiating, main-
taining and supervising all safety precautions and programs in
connection with the performance of the Contract.
1 0.1.2 In the event the Contractor encounters on the site
material reasonably believed to be asbestos or polyclllorinated
biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected
and report the condition to the Owner and Architect in writing,
The Work in the affected area shall not thereafter be resumed
except by written agreement of the Owner and Contractor if in
fact the material is asbestos or polychlorinated biphenyl (PCB)
and has not been rendered harmless. The Work in the affected
area shall be resumed in the absence of asbestos or polychlori-
nated biphenyl (PCB), or when it has been rendered harmless,
by written agreement of the Owner and ContractOr, or in
accordance with final determination by the Architect on which
arbitration has not been demanded, or by arbitration under
Article 4.
j.
10.1.3 The Contractor shall not be required pursuant to Article
7 to pcrfon'n without consent any Work relating to asbestos or
polychlorinated biphenyl (PCB).
10.1.4 To the fullest extent permitted by law, the Owner shall
indemnify and hold harmiess the Contractor, Architect, Archi-
tect's consultants and agents and employees of any of them
from and against claims, damages, losses and expenses, includ-
ing but not limited to attorneys' fees, arising out of or resulting
from performance of the Work in the affected area if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and has
not been rendered harmless, provided that such claim, dan}age,
loss or expense is attributable to bodily injury, sickness, disease
or death, or to injury to or destruction of tangible property
(other than the Work itself) including loss of use resulting
therefrom; but only to the extent caused in whole or in part by
negligent acts or omissions of the Owner, anyone directly or
indirectly en"1ployed by the Owner or anyone feJl' whose acts
the Owner may be liable, regardless. of whether or not such
claim, damage, loss or expense is caused in part by a party
indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a party or person
described in this Subparagraph 10.1.4.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor shall take reasonable preGllItions for
safety of, and shall provide reasonable protection to prevent
d;unage, injury or loss to: .
.1 employees on the Work and other persons who may
be affected thereby;
.2 the Work aJ1d materials and equipment to be incorpo-
rated therein, whether in storage on or off the site,
under care, custody or control of the Contractor or
the Contractor's Subcontractors or Sub-subcontrac.
tors; :ind
.3 other property at the site or adjacent thereto, such as
trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal, relo-
cation or replacement in the course of construction.
10.2.2 The Contractor shall give notices and comply with
applicable laws, ordinances, rules, regulations and lawful orders
of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by
existing conditions and performance of the Contract, reason-
able safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating
safety regulations and notifying owners and users of adjacent
sites and utilities.
10.2.4 When use or storage of explosives or other hazardous
materials or equipment or unusual methods are necessary for
execution of the Work, the Contractor shall exercise utmost
care and carryon such activities under supervision of properly
qualified personnel.
10.2.5 The Contractor shall promptly remedy dan1age and loss
(other than damage or loss insured under property insurance
required by the Contract Documents) to property referred to in
Clauses 10.2.1.2 and I 0,2.1.3 caused in whole or in part by the
Contractor, a Subcontractor, a Sub-subcontractor, or anyone
directly or indirectly employed by any of them, or by anyone
for whose acts they may be liable and for which the Contractor
is responsible under Clauses 10.2,1.2 and 10.2:1.3, except
damage or loss attributable to acts or omissions of the Owner
or Architect or anyone directly or indirectly employed by
either of them, or by anyone for whose acts either of them may
be liable, and not attributable to the fault or negligence of the
Contractor. The foregoing obligations of the Contractor are in
addition to the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responSible member of
the Contractor's organization at the site whose duty shall be the
prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor
in writing to the Owner and Architect.
10.2.7 The Contractor shall not Joad or permit any part of the
construction or site to be loaded so as to endanger its safety.
10.3 EMERGENCIES
10.3.1 In an emergency affecting safety of persons or property,
the Contractor shall act, at the Contractor's discretion, to 'pre-
vent threatened damage, injury or loss. Additional compensa-
tion or 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 authorized to do business in
the jurisdiction in which the Project is located such insurance as
will protect the Contractor from claims set forth below which
may arise out of or result. from the Contractor's operations
under the Contract and for which the Contractor may be legally
liable, 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' or workmen's compensation,
disability benefit and other similar employee benefit acts
which are applicable to the Work to be performed;
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIA<!> . @1987 THE AMERICAN tNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006
A201-1987 19
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.2 claims for damages because of bodily injury, occupa-
tional sickness or disease, or death of the Contractor's
employees;
.3 claims for damages because of bodily injury, sickness
or disease, or death of any person other than the Con-
tractor's employees;
.4 claims for damages insured by usual personal injury
liability coverage which are sustained (I) by a person
as a result of an offense directly or indirectly related to
employment of such person by the Contractor, or (2)
by another person;
.5 claims for damages, other than to the Work itself,
because of injury to or destruction of tangible prop-
erty, including loss of use resulting therefrom;
,6 claims for damages be~ause of bodily injury, death of
a person or property damage arising out of owner-
ship, maintenance or use of a motor vehicle; and
.7 claims involving contractual liability insurance appli-
cable to the Contractor's obligations under Paragraph
3.18.
11.1.2 The insurance required by Subparagraph II. I. I shall be
written for not less than limits of liability specified in the Con-
tract Documents or required by law, whichever coverage is
greater. Coverages, whether written on an occurrence or
claims-made basis, shall be maintained without interruption
from date of commencement of the Work until date of final
payment and termination of any coverage required to be main-
tained after final payment.
11.1.3 Certificates of Insurance acceptable to the Owner shall
be filed with the Owner prior to commencement of the Work.
These Certificates and the insurance policies required by this
Paragraph 11.1. shall contain a provision that coverages
afforded under the policies will not be cancelled or allowed to
expire until at least 30 days' prior written notice has been given
to the Owner. If any of the foregoing insurance coverages are
required to remain in force after final payment and are reason-
ably available, an additional certificate evidencing continuation
of such coverage shall be submitted with the final Application
for Payment as required by Subparagraph 9.10.2. Infoi'l11ation
concerning reduction of coverage shall be furnished by the
Contractor with reasonable promptness in accordance with the
Contractor's information and belief.
Owner shall be responsible for purchasing and
maintaining t wner's usual liability insurance, Optionally,
ti1he Owner may, purc d maintain .other insurance for self-
rotection against claims . may arise from operations
, nder the Contract. The Contracto I not be responsible
for purchasing and maintaining this option wner's liability
insurance unless specifically required by t 1 ontract
11.3 PROPERTY INS~~.;....e)...,.
~)11.3.1 IfnlsBB Eitl'lor':"iB8t/rs issEI, tRS 'J, elk shall purchase
. "-I"" and maintain, in a company or companies lawfully authorized
bjto do business in the jurisdiction in which the Project is
. located, property insurance in the amount of the initial Con-
tract Sum as well as subsequent modifications thereto for the
entire Work at the site on a replacement cost basis without vol-
untary deductibles, Such property insurance. shall be main-
tained, unless otherwise provided in the Contract Documents
or otherwise agreed in writing by all persons and entities who
are beneficiaries of such insurance, until final payment has been
made as provided in Paragraph 9.10 or until no person or entity
other than the Owner has an insurable interest in the property
required by this Paragraph 11.3 to be covered, whichever is
earlier. This insurance shall include interests of the Owner, the
Contractor, Subcontractors and Sub-subcontractors in the
Work. "
11.3.1.1 Property insurance shall be on an all-risk policy form
and shall insure against the perils of fire and extended coverage
and physical loss or damage including, without duplication of
coverage, theft, vandalism, m,a1icious mischief, collapse, false-
work, temporary buildings and debris removal including
demolition occasioned by enforcement of any applicable legal
requirements, and shall cover reasonable compensation for
Architect's services and expenses required as a result of such
insured loss. Coverage for other perils shall not be required
unless otherwise provided in the Contract Documents.
erty urance required by the Contract and with all of the
coverages he amount described above, the Owner shall so
inform the Con tor in writing prior to commencement of r
the Work. The Contra r may then effect insurance which will
protect the interests of the tractor, Subcontractors and Sub- ~
subcontractors in the Work, an a propriate Change Order
the cost thereof shall be charged to tli wner. If the Contrac-
tor is dan1aged by the failure or neglect 0 Owner to pur-
chase or maintain insurance as described above, 'ithout so
notifying the Contractor, then the Owner shall bear aI son-
bIes ch deductibIes are identified in the Contract Docu-
ments, the ractor shall pay costs not covered because of .
such deductibles. Owner or insurer increases the required ~
minimum deductibles a . the amounts so identified or if the
Owner elects to purchase this rance with voluntary deduc-
tible amounts, the Owner shall be r nsible for payment of ~
the additional costs not covered because ch increased or .
voluntary deductibles. If deductibles are not i . led in the
Contract Documents, the Owner shall pay costs not ered
11.3.1.4 Unless otherwise provided in the Contract Docu-
ments, this property insurance shall cover portions of the Work
stored off the site after written approval of the Owner at the
value established in the approval, and also portions of the Work
in transit.~ i .1 - I..
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11.3.2 Boller and Machinery Insurance.' @ Q'~'ll81 shall
purchase and maintain boiler and machinery insurance
required by the Contract Documents or by law, which shall
specifically cover such insured objects during installation and
until final acceptance by the Owner; this insurance shall include
interests of the Owner, Contractor, Subcontractors and Sub-
subcontractors in the Work, and the Owner and Contractor
shall be nluned insureds,
11.3.3 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, i'h8 OTnl/r
~'RiH80 oJI rights 9f QSti9R ~lB'lir;.u:t th~ (Q....tr''U'rr.r fr..r IAC'C "f IIC-P I
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risks othe ose described herein or for other special haz-
ards be included in t t ' insurance policy, the Owner
shall, if possible, include such insu d the cost thereof
shall be charged to the Contractor by appr hange
20 A201-1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AlA" · @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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i sures properties, real or personal or both, adjoining or a
c t to the site by property insurance under policies sepa
1'1' 1 those insurihg the Project, or if after final payment op-
ert insurance is to be provided on the completed P ject
thro h a policy or policies other th;m those insuring th Proj-
ect d ring the construction period, the Owner shall Vl 've all
rights accordance with the terms of Subparagraph 1 .3.7 for
danlage' caused by fire or other perils covered by thi separate
property insurance. All separate policies shall pr vide this
waiver 0 subrogation by endorsement or otherwis .
11.3.6 Bd re an exposure to loss may occur, the Owner shall
me with th Contractor a copy of each policy that includes
insurance c erages required, by this paragra h 11.3. Each
policy shall c ntain all generally applicable co ditions, defini-
tions, exclusio s and endorsements related to is Project. Each
policy shall co tain a provision that the p licy will not be
cancelled or allo ed to expire until at least days' prior writ-
ten notice has be n given to the Contract .
ubrogatlon. The 0 ner and Contractor
waive all rights agal st (1) each other an any of their subcon-
tractors, sub-subcont ctors, agents and mployees, each of the
other, and (2) the Ar itect, Architec s consultants, separate
~ contractors described i Article 6, if y, and any of their sub-
, contractors, sub-subco tractors, ag nts and employees, for
danlages caused by fire 0 other per' s to the extent covered by
. property insurance obtain d p~rsu t to this Paragraph 11.3 or
, jioother property lI1surance a plica e to the Work, except such
rights as they have to proc ds f such insurance held by the
, Owner as fiduciary. The 0'1'. er or Contractor, as appropriate,
/ shall require of the Architect, chitect's consultants, separate
contractors described in Artic 6, if any, and the subcontrac-
tors, sub-subcontractors, age s nd employees of any of them,
by appropriate agreements, rjt n where legally required for
validity, similar waivers ea 1 in VOl' of other parties enum-
erated herein. The policies hall pr vide such waivcrs of subro-
gation by endorsement 0 otherwi '. A waiver of subrogation
shall be effective as to a erson or e tity even though that per-
son or. entity would ot rwise have duty of indemnification,
contractual or otherwi e, did not pay the'insurance premium
directly or indirectly, nd whether or I ot the person or entity
had an insurable int est in the propert damaged.
11.3.8 A loss insur d under Owner's pro
be adjusted by th Owneras fiduciary and
Owner as fiduci' ry . for the insureds, as leII' lI1terests may
appear, subject 0 requirements of any ap icablc mortgagee
clause and of S bparagraph 11.3,10. The COt tractor shall pay
Subcontractor their just shares of insurance p ceecls received
by the Cont ;lctor, and by appropriate agree lents, written.
where legall required for validity, shall require bcontractors
to make yments to their Sub-subcontracto '; in similar
manner.
11.3.9 If. required in writing by a party in interest, le Owner
as fidu ary shall, upon occurrence of an insured oss, give
bond r; I' proper performance of the Owner's duties. he cost
of re ired bonds shall be charged against proceeds rec ived as
fidllc'ary. The Owner shall deposit in a separate accoll t pro-
cee so received, which the Owner shall distribute in ccor-
da -e with such agreement as the parties in interest may I' ach,
or 111 accordance with an arbitration airard in which case the
p ocedure shall be as provided in Paragraph 4.5. If after slch
ss no other special agreement is made, replacement of da 1-
11.3.10 The O~rier as fiduciary shall have power to adjust and
settle a loss with insurers unless one of the parties in interest
shall object in writing within five days after occurrence of loss'
to the Owner's exercise of this power;,jf i:' I"~ Ql?j~"\;Qn ~e
ji'"rip, 'lrhitr"tt""\rc: c:h"lll hp rhr\cpn '1C: rrt""\virlp,; in P'Jr'Jgl""1ph A '~
'IR@ Q?'R8r 01& H9.u€iar,' &1:10111, iR that €a&8, PRal:8 c8t~181118Rt w'i&l1
~1L\<1r~rG iR a~~grgaR&@ ,,:uith Giir@cti0R.S @f s~~h QfSitnlt0fs. If
;jit;:tri~1JtigR Qf iRfl1r~R~~ pCQceedll l):' "1l"h1tr?tiQf"'I if rp11.irpc{,
~~;"ubitr4t9rf '..Hil] djre('t r,,~h j:.trH)lltlQn .
I
11.3.11 Partial occupancy or use in accordance with Paragraph
9.9 shall not commence until the insurance company or com-
panies providing property insurance have consented to such
partial occupancy or use by endorsement or otherwise. The
Owner and the Contractor shall take reasonable steps to obtain
consent '01' the insurance company or companies and shall,
without mutual written consent, take no action with respect 10
partial occupancy or use that would cause cancellation, lapse or
reduction of insurance.
~1
11.4 PERFORMANCE BOND AND PAYMENT BOND
_ 1J...~.1 'ffl~ 0... Fl@r 8Rll1l hrc8 t~8 right t9 rfl'il,'liri 7he Contrac/.'"
'2)~ furnish bonds covering faithful performance of the Con-
tract' and payment of obligations arising thereunder as ~
illtll8 iR \;JiElEliFlg rllEj\lirllFl1llRt& 91' 8J'l8€iU6~lj' rll'il.uirfllOl iR th~ [) At~
",1t"C It ......, ;C .~. fuP
11.4. Upon the request of anr person or entity appearing to '
be a potential berieficiary of bonds covering payment of obliga-
tions arising uncleI' the Contract, the Contractor shall promptly
furnish a copy of the bonds or shall permit a copy to be made.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 If a portion of the Work is covered contrary to the
Architect's request or to requirements specifically expressed in
the Contract Documents, it must, if required in writing by the
Architect, be uncovered for the Architect's observation and be
replaced at the Contractor's expense without change in the
Contract Time.
12.1.2 If a portion of the Work has been covered which the
Architect has not specifically requested to observe prior to its
being covered, the Architect may request to see such Work anel
it shall be uncovered by the Contractor. If such \Xfork is in
accordance with the Contract Documents, costs of uncover-
ing and replacement shall, by appropriate Change Order, be
charged to the Owner. If such Work is not in accordance with
the Contract Documents, the Contractor shall pay sllch costs
unless the condition was caused by the Owner or a separate
contractor in which event the Owner shall be responsible t()r
payment of such costs.
12.2 CORRECTION OF WORK
12.2.1 The Contractor shall promptly correct Work rejected
by the Architect or failing to conform to the requirements of
the Contract Documents, whether observed before or after
Substantial Completion and whether or not fabricated, installed
or completed. The Contractor shall bear costs of correcting
such rejected Work, including additional testing and inspec-
tions and compensation for the Architect's services and
expenses made necessary thereby.
12.2.2 If, within one year after the date of Substantial Comple-
tion of the Work or designated portion thereof, or after the d~te
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 17jS NEW YORK AVENUE, N.W, WASHINGTON, D.C. 20006
A201-1987 21
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for commencement of warranties established under Sub"
p9ragraph 9.9.1, or by.terms of an applicable special warranty
required by the Contract Documents, any of the Work is found
to be not in accordance with the requirements of the Contract
Documents, the Contractor shall correct it promptly after
receipt of written notice from the Owner to do so unless the
Owner has previously given thc Contractor a written acccp-
tance of such condition. This period of one year shall bc
extended with respect to portions of Work first performed after
Substantial Completion by the period of time between Substan-
tial Completion and the actual performance of the Work. This
obligation under this Subparagraph 12.2.2 shall survive accep-
tance of the Work under the Contract and termination of the
Contract. Thc Owner shall give such notice promptly after dis-
covery of the condition.
12.2.3 The Contractor shall remove from the site portions of
the Work which are not in accordancc with the requiremcnts
of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 lEthe Contractor fails to correct nonconforming Work
within a reasonable time, the Owner may correct it in accor-
dance with Paragraph 2.4. If the Contractor does not proceed
with correction of such nonconforming Work within a reason-
able time fixed by written notice from the Architect, the Owner
may rcmove it and store the salvable materials or equipment at
the Contractor's expense. If the Contractor does not pay costs
of such removal and storage within ten days after written
notice, the Owner may upon ten additional days' written
notice sell such materials and equipment at auction or at private
sale and shall account for the proceeds thereof, after deducting
costs and damages that should have bcen borne by the Con-
tractor, including compensation for the Architect's services and
expenses made necessary thereby. If such proceeds of sale do
not cover costs which the Contractor should have borne, the
Contract Sum shall be reduced by the deficiency. If payments
then or thereafter due the Contractor are not sufficient to cover
such amount, the Contractor shall pay the difference to the
Owner.
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12.2.5 The Contractor shall bear the cost of correcting
destroyed or damaged construction, whether completed or
part{ally completed, of the Owner or separate contractors
caused by the Contractor's correction or removal of \\fork
which is not in accordance with the requirements of the Con-
tract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall bc con-
strued to establish a period of limitation with respect to other
obligations which the Contractor might have under the Con-
tract Documents. Establishment of the time period of one year
as described in Subparagraph 12.2.2 relates only to the specific
obligation of the Contractor to correct the \\fork, and has no
relationship to the time within which the obligation to comply
with the Contract Documents may be sought to be enforced,
nor to the time within which proceedings may be commenced
to establish the Contractor's liability with respect to the Con-
tractor's obligations other than specifically to correct the Work.
12.3 ACCEPTANCE OF NONCONFORMING WORK
12.3.1 If the Owner prefers to accept Work which is not in
accordance with the requirements of the Contract Documents,
the Owner may do so instead of requiring its removal ;md cor-
rection, in which case the Contract Sum will bc reduced as
appropriate and equitable. Such adjustment shall be effected
whether or not final payment has been made.
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be governcd by the Jaw of the place
where the Project is located.
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owner and Contractor respectively bind them-
selves, their partners, successors, assigns and legal representa-
tives to the other party hereto and to partners, successors,
assigns and legal representatives of such other party in respect
to covenants, agreements and obligations contained in the Con-
tract Documents. Neither party to the Contract shall assign the
Contract as a whole without written consent of the other. If
either party attempts to makc such an assignment without such
consent; that party shall nevertheless remain iegally responsible
for all obligations under the Contract.
13.3 WRITTEN NOTICE
13.3.1 Written notice shall be deemed to have been duly
served if delivered in person to the individual or a member of
the firm or entity or to an officer of the corporation for which it
was intended, or if delivered at or sent by registered or certified
mail to the last business' address known to the party giving
notice.
13.4 RIGHTS AND REMEDIES
13.4.1 Duties and obligations imposed by the Contract Docu.
ments and rights and remedies available thereunder shall be in
;lddition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Architect or
Contractor shall constitute a waiver of a right or duty afforded
them under the Contract, nor shall such action or failure to act
constitute approval of or acquiescence in. a breach thereunder,
except as may be specifically agreed in writing.
13.5 TESTS AND INSPECTIONS
13.5.1 Tests, inspections and approvals of portions of the
Work required by the Contract Documents or by laws, ordi-
nances, rules, regulations or orclers of public authorities having
jurisdiction shall be made at an appropriate time. Unless other-
wise provided, the Contractor shall make arrangements for
such tests, inspections and approvals with an independent test-
ing laboratory or entity acceptable to the Owner, or with the
appropriate public authority, and shall bear all related costs of
tests, inspections and approvals. The Contractor shall give the
Architect timely notice of whcn and wherc tests and inspec-
tions are to be made so the Architect may observe such proce-
dures. The Owner shall bear costs of tests, insj)ections or
approvals which do not become requirements until after bids
are received or negotiations concluded.
13.5.2 If the Architect, Owner or public authorities having
jurisdiction determine that portions of thc Work require addi.
tional testing, inspection or approval not included under Sub-
paragraph 13.5.1, the Architect wi1J, upon written authorization
from the O\vner, instruct the Contractor to make arrangements
for such additional testing, inspection or approval by an entity
acceptable to the Owner, and the Contractor shall give timely
notice to the Architect of when and where tests and inspections
are to be made so the Architect may observe such proceuures.
22
A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOllRTEENTH EDITION
AtA~ . @1987 THE AMERtCAN tNSTITUTE OF ARCHITECTS, I 7j5 NEW YORK AVENUE, N.W., WA.';HINGTON, D.C. 2001J6
'--, -.._.~-._-_.~.._.. -........-- ..--....--..----.....___. ..~.w,",____._.._.... _...__.._____ .. . '.~
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The Owner shall bear such costs except as provided in Sub-
paragraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval
under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the
portions of the Work to comply with requirements established
by the Contract Documents, the Contractor shall bear all costs
made necessary by such failure including those of repeated
procedures and compensation for the Architect's services and
expenses.
13.5.4 Required certificates of testing, inspection or approval
shall, unless otherwise required by the Contract Documents, be
secured by the Contractor and promptly delivcred to the
Architect. '
13.5.5 If the Architect is to observe tests, inspections or
approvals required by the Contract Documents, the Architect
will do so promptly and, where practicable, at the normal place
of testing.
13.5.6 Tests or inspections conducted pursuant to the Con-
tract Documents shall be made promptly to avoid unreasonable
delay in the Work.
13.6 INTEREST
13.6.1 Payments due and unpaid under the Contract Docu.
ments shall bear interest from the date payment is due at such
rate as the parties may agree upon in ~'riting or, in the absence
thereof, at the legal rate prevailing from time to time at the place
where the Project is located.
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 occurring prior to the relevant date of Substan-
tial Completion, any applicable statute of limitations
shall commence to nm and any alleged cause of action
shall be deemed to have accrued in any and all events
not later than such date of Substantial Completion;
.2 Between Substantial Completion and Final Certifi-
cate for Payment. As to acts or failures to act occur-
ring subsequent to the relevant date of Substantial
Completion and prior to issuance of the final Certifi-
cate for Payment, any applicable statute of limitations
shall commence to run :l11d any alleged cause of
action shall be deemed to have accrued in any and all
events not later than the date of issuance of the final
Certificate for Paymel1l; and
.3 After Final Certificate for Payment. As to acts or
failures to act occurring after the relevant date of issu-
ance of the final Certificate for Payment, any appli-
cable statute of limitations shall commence to run ancl
any :illeged cause of action shall be deemed to.have
accrued in any and all events not later than the date of
any act or failure to act by the Contractor pursuant to
any warranty provided under Paragraph 3.5, the date
of any correction of the Work or failure to correct the
Work by the Contractor under Paragraph 12.2, or the
date of actual commission of any other act or failure
to pcrform 'any duty ur obligation by the Contractor
or Owner, whichever occurs last.
ARTICLE 14
TERMINATION OR SUSPENSION
OF THE CONTRACT
14.1 TERMINA TION BY THE CONTRACTOR
14.1.1 The Contractor may terminate the Contract if the Work
is stopped for a period of 30 days through no act or fault of the
Contractor or a Subcontractor, Sub-subcontractor or their
agents or employees or any other persons performing portions
of the Work undefcontract with the Contractor, for any of the
following reasons:
.1 issuance of an order of a court or other public author-
ity having jurisdiction;
.2 an act of government, such as a declaration of national
emergency, making material unavailable;
.v Q~<'::1'"li',p th~ .\ t"~h1t:':'rt h""r t"I.Qt irft''''~ ., rprtif'i......."tp FAr
.pt/:'n:~~J;lt ::lJ;]? h?f I;}Qt I;;}QtitJ~Q th{' CQr'ltr~~tnr i'"'oF tho> ~
ri~C?n t{,"'r ?'itRI:lGIgiR8 ~~rti~~ati9t=l ~r pr?"iAf? i.'.
l"hp:"'rgFoph \) 1 I, &1' I?I?€R;,J5El tlolEl g~"R8r IolIW If.>t~
tp~l~P r~rn:"\pnt <)r'l '"1 C~rti~<':~~ ~ :~~'~nt ruitJlf
i)~~ t~n"\1 ftat~Q iR tR8 C@luraet DoeMRHH1t.G4- r...
A if repeated suspensions, delays or interruptions by the
Owner as described in Paragraph 14.3 constitute in
the aggregate more than 100 percent of the total num-
ber of days scheduled for completion, or 120 days in
any 365-day period, whichever is less; or
.5 the Owner has failed to' furnish to the Contractor
promptly, upon the Contractor's request, reasonable
evidence as required by Subparagraph 2.2,\'
14.1.2 If one of the above reasons exists, the Contractor may,
upon seven additional days' written notice to the Owner and
Architect, terminate the Contract and recover from the Owner
payment for Work executed and for proven loss with respect
to materials, equipment, tools, and construction equipment rvIA.I
~nd 1113chinery,J.- in,..lll~ling rp.~lC'~,'nAtd~ n"~rb~'l<;j, prr~~t a~~J Y. .
<8IUl<;lgtli. '/7.J ~
14.1.3 If the Work is stopped for ~I period of 60 days through {(IV ~
, no act or fault of the Contractor or a Subcontractor or their
agents or employees or any other persons performing portions
of the \\fork under contract with the Contractor because the
Owncr has persistently failed to fulfill the Owner's obligations
under the Contract Documents with respect to matters impor-
tant to the progress of the Work, the Contractor may, upon
seven additional days' written notice to the Owner and the
Architect, terminate the Contract ~J1d recover from the O\vner
as provided in Subparagraph 14.1.2.
14.2 TERMINATION BY THE OWNER FOR CAUSE
14.2.1 The Owner may terminate the Contract if the
Contractor:
.1 persistently or repeatedly refuses or fails to supply
enough properly skilled workcrs or proper materials;
.2 fails to make payment to Subcontractors for materials
or labor in accordance with the respective agreements
between the Contractor ;md the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, reg.
ulations or orders of :l public :Iuthority having juris-
diction; or
.4 otherwise is guilty of substantial brt::lch of a provision
of the Contract Documents.
14.2.2 When any of the above reasons exist, thc Owner, upon
certification by the Architect that sufficient cause exists to jus-
AlA 'OOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AIA<!) . @ 19H7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 21111116
A201-1987
23
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/
tify such action, may without prejudice to any other rights or
remedies of the Owner and after giving the Contractor and the
Contractor's surety, if any, seven days' written notice, termi-
nate employment of the Contractor and may, subject to any
prior rights of the surety:
.1 take possession of the site and of all materials, equip-
ment, tools, and construction equipment and machin-
ery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Para-
graph 5.4; and
.3 fmish the Work by whatever reasonable method the
Owner may deem expedient.
14.2.3 When the Owner tenninates the Contract for one of the
reasons stated in Subparagraph 14.2.1, the Contractor shall not
be entitled to receive further payment until the Work is
finished,
14.2.4 If the, unpaid balance of the Contract Sum exceeds costs
of finishing the Work, including compensation for the Archi-
tect's services and expenses made necessary' thereby, such
excess shall be paid to the Contractor. If such costs exceed the
unpaid balance, the Contractor shall pay the difference to the
~
Owner. The amount to be paid to the Contractor or Owner, as
the case may be, shall be certified by the Architect, upon appli-
cation, and this obligation for payment shall survive termina-
tion of the Contract.
14.3 SUSPENSION BY THE OWNER
FOR CONVENIENCE
14.3.1 The Owner may, without cause, order the Contractor in
writing tq suspend, delay or interrupt the Work in whole or in
part for such period of time as the Owner may determine,
14.3.2 An adjustment shall be made for increases in the cost of
performance of the Contract, including profit on the increased
~ost of performance, ,caused by suspension, delay or Interrup-
tIon. No adjustment shall be made to the extent:
.1 that performance is, was or would have been so sus-
pended, delayed or Interrupted by another cause for
, which the Contractor is responsible; or
.2 that an equitable adjustment is made or denied under
another provision of this Contract.
14.3.3 Adjustments made in the cost of performance may have
a mutually agreed fixed or percentage fee,
This Agreement is intended by the Parties to, and does, supersede any and all provisions of the
Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this
Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this
Agreement 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 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 Court of Richmond County, Georgia.
NotWithstanding any provision oithe 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
under the contract maybe a public record subject to Georgia's Open Records Act (O.C.G.A. 9 50-
18-70, et seq.).. Contractor shall cooperate fully in responding to such request and making all
records, not exempt, available for inspection and copying as provided by law.
<:'
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AlA Document A3l2
Performance Bond
Conforms with the American Institute of Architects, AlA Document A3l2.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRAC;:TOR (Name and Address):
Sherman Construction Company, Inc.
PO Box 1629
Greenville, South Carolina 29602
SURETY (Name and Principal Place of Business):
St. Paul Fire and Marine Insurance Company
5801 Smith Avenue
Baltimore, Maryland 21209-3693
OWNER (Name and Address):
The City of Augusta Richmond County
530 Greene Street, Room 801, Municipal Building
Augusta, Georgia 30911
CONSTRUCTION CONTRACT
Date: October 24 2002
Amount: One Million Two Hundred Twenty Two Thousand Five Hundred Twenty Five and no/100 ($1,222,525.00)
Description (Name and Location): Fire Station #7, Willis Foreman & Lace Road, Augusta, Georgia
BOND
Date (Not earlier than Construction Contract Date): October 24 2002
Amou~t:<?;~~ :Million Two Hundred Twenty Two Thousand Five Hundred Twenty Five and no/100 ($1,222,525.00)
;
,-'-
: Modifications to'-this Bond: .
CONTRACTOR Mh>RlNCIP AL
C~mpany: ShermaryCo~struction (Corporate Seal)
s;gn,nrr: GO~~7~ LI/L-
Name and TItle: R. Wayland Sherman, President
(Any additional signatures appear on page 2.)
(FOR INFORMATION ONLY - Name, Address and
Telephone) AGENT or BROKER: BB&T/Boyle Vaughan
Insurance PO Box 8628, Columbia, SC 29202
8037480100
1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract, the Surety and the
Contractor shall have no obligation under this Bond, except to participate in
conferences as providcd in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation under this Bond
shall arise after:
3.1 The Owner has notified the Contractor and the Surety at its address
described in Paragraph 10 below that the Owner is considering
declaring a Contractor Default and has requested and attempted to
arrange a conference with the Contractor and the Surety to be held not
later than fifteen days after receipt of such notice to discuss methods of
performing the Construction Contract. If the Owner, the Contractor and
the Surety agree, the Contractor shall be allowed a reasonable time to
SURETY 5026 (6-92)
S-18521GEEF10/99
Page 1 of 2
~ None
D See Page 2
SURETY
Company: St. Paul Fire and Marine
Insurance Company
(Corporate ~eal)
Signature:
Name and Title:
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OWNER'S REPRESENTATIVE (Architect, Engin~~r or. other
party): Virgo Gambill Architects .
2531 Center West Parkway, Suite 200
Augusta, GA 30909
perform the Construction Contract, but such an agreement shall
not waive the Owner's right, if any, subsequently to declare a
Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally
terminated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as
provided in Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the Contract
Price to the Surety in accordance with the terms of the
Construction Contract or to a contractor selected to perform the
Construction Contract in accordance with the terms of the
contract with the Owner.
4 When the Owner has satisficd the conditions of Paragraph 3, the
Surety shall promptly and at the Surety's expense take one of the
following actions:
~
'\:
4i1 Arrange for the Contractor, with consent of the Owner, to perform
and complete the Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract
itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract to be
prepared for execution by the Owner and the contractor selected with
the Owner's concurrence, to be secured with performance and payment
bonds executed by a qualified surety equivalent to the bonds issued on
the Construction Contract, and pay to the Owner the amount of
damages as described in Paragraph 6 in excess of the Balance of the
Contract Price incurred by the Owner resulting from the Contractor's
default; or
4.4 Waive its right to perfom1 and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation, determine the amount for which it
may be liable to the Owner and, as soon as practicable
after the amount is determined, tender payment therefor to
the Owner; or
.2 Deny liability in whole or in part and notify the Owner
citing reasons therefor.
5 If the Surety docs not proceed as provided in Paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in default on this
Bond fifteen days after receipt of an additional written notice from the
Owner to the Surety demanding that the Surety perform its obligations
under this Bond, and the Owner shall be entitled to enforce any remedy
available to the Owner. If the Surety proceeds as provided in Subparagraph
4.4, and the Owner refuses the payment tendered or the Surety has denied
liability, in whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph
4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner
shall not be greater than those of the Contractor under the Construction
Contract, and the responsibilities of the Owner to the Surety shall not be
greater than those of the Owner under the Construction Contract. To the
limit of the amount of this Bond, but subject to commitment by the Owner
of the Balance of the Contract Price to mitigation of costs and damages on
the Construction Contract, the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract;
6.2 Additional legal, design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or failure
to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in
the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
MODIFICA nONS TO THIS BOND ARE AS FOLLOWS:
7 The Surety shall not be liable to the Owner or others for obligations of
the Contractor that are unrelated to the Construction Contract and the
Balance of the Contract Price shall not be reduced or set off on ;ceount of
any such unrelated obligations. No right of action shall accrue on this Bond
to any person or entity other than the Owner or its heirs, executors,
administrators or successors.
8 The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may be instituted
in any court of competent jurisdiction in the location in which the work or
part of the work is located and shall be instituted within two years after
Contractor Default or within two years after the Contractor ceased working
or within two years after the Surety refuses or fails to perform its
obligations under this Bond, whichever occurs first. [fthe provisions of this
Paragraph are void or prohibited by law, the minimum period of [imitation
available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
10 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
11 When this Bond has been furnished to comply with a statutory or
other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to which the
Contractor is entitled, reduced by all valid and proper payments made
to or on behalf of the Contractor under the Construction Contract.
12.2 Construction Contract: The agreement between the Owner and
the Contractor identified on the signature page, including all Contract
Documents and changes thereto.
12.3 Contractor Default: Failure of the Contractor, which has
neither been remedied nor waived, to perform or otherwise to comply
with the terms of the Construction Contract.
12.4 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with the
other terms thereof
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
S-18521GEEF 10/99
(Corporate Seal)
Signature:
Name and Title:
Address:
Page 2 of 2
'"
,
AlA Document A3l2
Payment Bond
Conforms with the American Institute of Architects, AlA Document A312.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Sherman Construction Company, Inc.
PO Box 1629
Greenville, South Carolina 29602
SURETY (Name and Principal Place of Business):
St. Paul Fire and Marine Insurance Company
5801 Smith Avenue
Baltimore, Maryland 21209-3693
OWNER (Name and Address):
The City of Augusta Richmond County
530 Greene Street, Room 801, Municipal Building
Augusta, Georgia 30911
CONSTRUCTION CONTRACT
Date: October 24 2002
Amount: One Million Two Hundred Twenty Two Thousand Five Hundred Twenty Five and no/100 ($1,222,525.00)
Description (Name and Location): Fire Station #7, Willis Forer:nan & Lace Road, Augusta, Georgia
BOND
Date( Not earlier than Construction Contract Date): October 24 2002
Am,ount: OO~;tIJ1illion Two Hundred Twenty Two Thousand Five Hundred Twenty Five and no/100 ($1,222,525,00)
- ~ -- ~
. -Modifications totlfis Bond:
/ .
~ ~: ~
CONTRACTOR AS I}RINCIPAL
CbIl1pany: Sherm~r{Co~nstruction
~> ComRanY(Lrl"c.
. :....' ~\~~
(Corporate Seal)
Signature:
Name and Title: R. Wayl nd Sherman, President
(Any additional signatures appear on page 2.)
(FOR INFORMA nON ONLY - Name, Address and
Telephone) AGENT or BROKER: BB&T/Boyle Vaughan
Insurance PO Box 8628, Columbia, SC 29202
8037480100
1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner to
pay for labor, materials and equipment furnished for use in the performance
of the Construction Contract, which is incorporated herein by reference.
2 With respect to the Owner, this obligation shall be mill and void if the
Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner from claims,
demands, liens or suits by any person or entity whose claim, demand,
lien or suit is for the payment for labor, materials or equipment
furnished for use in the performance of the Construction Contract,
provided the Owner has promptly notified the Contractor and the
Surety (at the address described in Paragraph 12) of any claims,
demands, liens or suits and tendered defense of such claims, demands,
liens or suits to the Contractor and the Surety, and provided there is no
Owner Default.
SURETY 5026 (6-92)
S-1853/GEEF 3/00
Page 1 of 2
~ None
SURETY
Company: St. Paul Fire and Marine
Insurance Company
D See Page 2
(Corporate~eal)
~'
Signal"," ~ ~ tf;L>L4-'" ,-
Name and Title: Carolyn . Owens, Attorl}eY-ln-Fact '
,. )'~~'!Io.
OWNER'S REPRESENT A nVE (Architect, Ei1gine~r_or other
party): Virgo Gambill Architects
2531 Center West Parkway, Suite 200
Augusta, GA 30909
3 With respect to Claimants, this obligation shall be null and void if
the Contractor promptly makes payment, directly or indirectly, for all
sums due.
4 The Surety shall have no obligation to Claimants under this Bond
until:
4.1 Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
described in Paragraph 12) and sent a copy, or notice thereof, to
the Owner, stating that a claim is being made under this Bond and,
with substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with the
Contractor:
.1 Have furnished written noticc to the Contractor and sent a
copy, or notice thereof, to the Owner, within 90 days after
having last performed labor or last furnished materials or
equipment included in the claim stating, with substantial
accuracy, the amount of the claim and the name of the party
to whom the materials were furnished or supplied or for
whom the labor was done or performed; and
:;- '1'
.'2 Have either received a rejection in whole or in part from the
Contractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor by which
the Contractor has indicated the claim will be paid directly or
indirectly; and
.3 Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address described in
Paragraph 12) and sent a copy, or notice thereof, to the Owner
stating that a claim is being made under this Bond and
enclosing a copy of the previous written notice furnished to the
Contractor.
5 If a notice required by paragraph 4 is given by Owner to the
Contractor or to the Surety, that is sufficient compliance.
6 When the Claimant has satisfied the conditions of Paragraph 4, the
Surety shall promptly and at the Surety's expense take the following
actions:
6.1 Send an answer to the Claimant, with a copy to the Owner,
within 45 days after receipt of the claim, stating the amounts
that are undisputed and the basis for challenging any amounts
that are disputed.
6.2 Payor arrange for payment of any undisputed amounts.
7 The Surety's total obligation shall not exceed the amount of this Bond,
and the amount of this Bond shall be credited for any payments made in
good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the Construction
Contract shall be used for the performance of the Construction Contract and
to satisfy claims, if any, under any Construction Performance Bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that
all funds earned by the Contractor in the performance of the Construction
Contract are dedicated to satisfy obligations of the Contractor and the
Surety under this Bond, subject to the Owner's priority to use the funds for
the completion ofthe work.
9 The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Construction
Contract. The Owner shall not be liable for payment of any costs or
expenses of any Claimant under this Bond, and shall have under this bond
no obligations to make payments to, give notices on behalf of, or otherwise
have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
11 No suit or action shall be commenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in which
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
the work or part of the work is located or after the expiration of one year
from the date (I) on which the Claimant gave the notice required by
Subparagraph 4. I or Clause 4.2.3, or (2) on which the last labor or service
was performed by anyone or the last materials or equipment were furnished
by anyone under the Construction Contract, whichever of (1) or (2) first
occurs. If the provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page. Actual receipt of
notice by Surety, the Owner or the Contractor, however accomplished,
shall be sufficient compliance as of the date received at the address shown
on the signature page.
13 When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
14 Upon request by any person or entity appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly furnish a copy of
this Bond or shall permit a copy to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct contract
with the Contractor or with a subcontractor of the Contractor to
furnish labor, materials or equipment for use in the performance of
the Contract. The intent of this Bond shall be to include without
limitation in terms "labor, materials or equipment" that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental
equipment used in the Construction Contract, architectural and
engineering services required for performance of the work of the
Contractor and the Contractor's subcontractors, and all other items for
which a mechanic's lien may be asserted in the jurisdiction where the
labor, materials or equipment were furnished.
15.2 Construction Contract: The agreement between the Owner
and the Contractor identified on the signature page, including all
Contract Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
S-1853/GEEF 3/00
(Corporate Seal)
Signature:
Name and Title:
Address:
Page 2 of 2
4
-..~ .'-
~,
1heStRlul
POWER OF ATTORNEY
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Power of Attorney No.
20809
Certificate No. 1316 4 9 9
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York. and that
SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company and SI. Pwl Mercury Insurance Company are corporations duly organized under
the laws of the Stale of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do
hereby make, constitute and appoint
Frank W. Hafner, Jr., Jane McCoy, Robert J. Lavisky, Della B. Case, Carolyn D. Owens, Alfred T. Johnson,
Duainette H. Cullum and Wesley V. Dasher, Jr.
Columbia
South Carolina
of the City of , State , their true and lawful Attomey(s)-in-Facl.
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, ullClertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrumenlto'be signed imd sealed this
1st
day of
December
1999
Seaboard Surety Company
St. Paul Fire and Marine Insllran~e Company
St. Paul Guardian Insuranc'e Company\
St. Paul Mercury Insurance Comp~ny
Uriited States Fidelity and Guaranty Company
Fidelity and Guat'anty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
c
~
(If__ i2: ~
dV - - ' JOHN F. PHINNEY, Vice President
'-Ik.~ud?rI~
State of Maryland
City of Baltimore
THOMAS E. HUIBREGTSE, Assistant Secretary
1st December 1999
On this day of , before me, the undersigned officer, personally appeared John F. Phinney and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, 'of Seaboard Surety. Company, SI. Paul Fire and
Marine Insurance Company, SI. Paul Guardian Insurance Company, 51. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
In Witness Whereof, I hereunto set my hand and official seal.
~t~.~
My Commission expires the 13th day of July, 2002.
REBECCA EASLEY-ONOKALA. Notary Public
'.
86203 Rev. 7-2000 Printed in U.S.A.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul
Fire and Marine Insurancc Company, SI. Paul Guardian Insurance Company. SI. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and
effect, reading as follows:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company. either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved. printed or lithographed. The signature of each of the foregoing officers and
the seal of the Company may be affixcd by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so
cxecuted and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached; and
RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the powcr and authority, and, in any case, subject to the terms and limitations of the Power of
Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
writings obligatory in the nature thereof. and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
Exccutive Officer and sealed and attested to by the Secretary of the Company.
I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company. SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company,
SI. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwriters, Inc. do hereby certify that the above and foregoing is a true and corrcct copy of the Power of Attorney executed by said Companies, which is in full force
and effect and has not been revoked.
IN TESTIMONY WHEREO~~ I hereunto set my hand this
c2 t.J R day of
rY (' /-dU.A./
, 200:2-.
s
o
w
'.,
--tLer/~
Thomas E. Huibregtse, Assistant Secretary
v'......
To ~erifv the authenticity of this Power of AI/orney, call J .800.42 J -388"0 and ask for the power ~f Attorney clerk.
. ,\'\.. .- -,>- , --;.-, , ,'-" ..-( ~ \\ Y
the above-named individuals and the details of the bond to which the po~:e;- is aitachei " , .,~.
Please refer to the Power of Attorney number,
'",
A.~CORDJ1" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMII>DIYY)
10122102
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
BB&T Boyle-Vaughan ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1710 Gervais St. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 8628
Columbia, SC 29202 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Amerisure Insurance
Sherman Construction Co. Inc INSURER B:
PO Box 1629
INSURER C:
Greenville, SC 29602
INSURER D:
I INSURER E:
Client#. 235040
17SHERMCON
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW I.IAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED 0
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF sun
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER ~~~1,v(~~1iA,~ POLICY EXPIRATION LIMITS
LTR DATE IMMIDDNY)-
A GENERAL LIABILITY CPP2853478 09101102 09101103 EACH OCCURRENCE 1$1 000,000
e--
X COMMERCIAL GENERAL LIAB ILITY FIRE DAMAGE (Anyone tire) $100000
I CLAIMS MADE W OCCUR MED EXP (Anyone person) $5.000
~ PO Ded:1,000 PERSONAL & ADV INJURY $1 000 000
l-- GENERAL AGGREGATE $2.000,000
n'LAGGREmLlMITAPn PER: PRODUCTS -COMP/OP AGG $2 000,000
POLICY X f:& LaC
A ~OMOBILE LIABILITY CA2853764 09101102 09101/03 COMBINED SINGLE LIMIT
~ ANY AUTO (Ea accident) $1,000,000
l-- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
e--
~ HIRED AUTOS BODlL Y INJURY
$
~ NON-OWNED AUTOS (Per accident)
f------ PROPERTY DAMAGE $
(Per accident)
R^GE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACe $
AUTO ONLY: AGG $
A EXCESS LIABILITY CLU853973 09/01102 09/01/03 EACH OCCURRENCE $5,000,000
tKJ OCCUR 0 CLAIMS MADE AGGREGATE $5.000,000
$
8 DEDUCTIBLE $
X RETENTION $10000 $
A 810 09/01/02 09/01103 X IT~~~TL~~;v.r< I 10TH.
WORKERS COMPENSATION AND ER
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $500,000
E.L. DISEASE - EA EMPLOYEE $500,000
E.L. DISEASE - POLICY LIMIT $500,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEIDCLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Project Description: Fire Station #7
-
CERTIFICATE HOLDER I I ADDDlONALINSURED;INSURERLETIER: CANCELLATION
SlIOUW ANYOF1HE ABOVE DESCRDlED POILIES BE CANCEU.ED BEFORE TIlE EXPIRATION
City of Augusta Richmond County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL30_DAW WRITrnN
Room 801, Municipal Building NOTICE TO TIlE CER1lFK:A1E 1I0WERNAMED TO TIlE LEFT, BUTFAILURE TODOSOSHALI..
530 Greene St IMPOSE NO OB LIGATION OR LIAB ILITY OF ANY KIND UPON TIlE INSURER,rrs AGENTS OR
Augusta, GA 30911 REPRESENTATIVES.
AUTI~SENTATIVE
I ,.. '~
ACORD 25-S (7/97) 1
of 2
#M685343
COO
@ ACORD CORPORATION 1988