HomeMy WebLinkAboutContinental Construction Co. Fire Station #8
Augusta Richmond GA
DOCUMENT NAME: CDfVT"\)~NiAL ~r\J'i..TR-UC7J{)fU ~, hfU" STfl-tION *r
DOCUMENT TYPE: 4~ l21?6 ,.., e,gJ-r-
YEAR: Ot 00 '?:> .
BOX NUMBER: 1 ct
FILE NUMBER: 1 ~ l.JJ {c-f
NUMBER OF PAGES: 59
1.
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AUGUSTA-RICHMOND COUNTY COMMISSION
BOB YOUNG
Mayor
STAFF ATTORNEYS
V ANESSA FLOURNOY
SPARTICUS HEYWARD
LEE BEARD
TOMMY BoYlES
ULMER BRIDGES
ANDY CHEEK
BOBBY G. HANKERSON
WILLIAM B. KUIILKE. JR.
WM. "WILLIE" H. MAYS, III
STEPHEN E. SHEPARD
MARION WILLIAMS
JAMES B. WALL
CITY ATTORNEY
AUGUSTA LAW DEPARTMENT
RICHARD L. COLCLOUGH
Mayor Pro Tem
GEORGE R. KOLB
Administrator
February 26, 2003
Please Reply to:
P.O. Box 2125
Augusta, GA 30903
(706) 821-2488
Fax (706) 722-5984
jwall@co.richmond.ga.us
Ms. Lena Bonner
Clerk, Commission
8th Floor, City-County Bldg.
Augusta, GA 30911
RE: Agreement with Continental Construction Co.
Fire Station #8
Our File No. AR-77-022-03
Dear Lena:
I enclose herewith an original of the fully executed Agreement between Augusta
and Continental Construction Co. for the construction of Fire Station No.8, together with the
Payment and Performance Bonds and Certificate ofInsurance. Please include these in the City's
permanent records.
By carbon copy of this letter, I am forwarding a duplicate original to the architect,
and returning one fully executed copy to the contractor for his records.
With best personal regards, I am
Yours very truly,
~
James B. Wall~
JBW/sjp
Enclosure
cc: Mr. Steve Virgo
Continental Construction Co.
Chief Al Gillespie
. T '."
t:. <.4, _
A MER
CAN
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NSTITUTE
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l
ARC HIT E C T S
AlA Document AIOI
Standard Form of Agreement Between
Owner and Contractor
where the basis oj payment is a
STIPULATED SUM
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES,. CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
The 1987 Edition of AlA Document A201, General Conditions of the Contract for Construction, is adopted
in this document by reference. Do not use with other general conditions unless this document is modified.
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made as of the Third day of December in the year of
~~eefl-~~~ Two Thousand and Two (2002)
Ih.")<Q"-p, l&lCt~\/t, A ('oli+\C.,,\ ~bdiui::>'b" of f\..( S'Ifr'\E. 01' b-ctlRG-'rA
BETWEEN the Owner: 'lll,c. Ci L)' of l\l::i~tl3ta RiekHl6Ha CSl:lRty
(Name and address) 530 Green Street
Room 801, Municipal Building
Augusta, GA 30911
and the Contractor:
Continental Construction Co.
4190 Crosstowne Ct.
Evans, GA 30809
(Name and address)
The Project is:
(Name and location)
Fire Station #8
Highland Ave.
Augusta, GA
The Architect is:
Virgo GAmbill Architects
2531 Center West Parkway
Suite 200
Augusta, GA 30909
(Name and address)
The Owner and Contractor agree as set forth below.
Copyright 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963, 1967, 1974, 1977, @ 1987 by The American Institute of Archi-
tects, 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 prosecution.
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 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 Modifications, 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, and 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.
(Insert tbe date of commencement, if;t differs from tbe date of tb;s Agreement or. if applicable, state tbattbe date w;1I be f;xed ;n a nolice to proceed)
The date of commencement shall be set inthe 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
(It,serttbe calendar date or number of calendar days after tbe date of commencemelll. Also ;mert any requirementsfor earlier Substantial Completion of cer-
tain portions of tbe Work, if no/ stated elsewhere in tbe Contract Vocuments)
(270) Two Hundred Seventy consecutive calendar days from the Notice To Proceed.
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert prol';sions. if any, for liquidated damages relat;ng to failure to complete on lime)
Liquidated damages in the amount of $200.00 for each consecutive calendar day
after the expiration of the contract completion date, except for authorized
extensions of time by the owner.
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT · TWELFTH EDITION. AlA'!> . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006
A101-1987 2
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
(
ARTICLE 4
CONTRACT SUM
4.1 The Owner ~hall PllY the COntrJClor in currene funds for the Conu.cwr'$ pc:rfom\1t\cc of the CunlroolCllhe COntr:lCt Sum or
'6f:I'Ol Mi lliQR, 'rAl"ee Rlift8!'ad 'i'.Jo 'fl."".....ud, TIlL "''' l1undred "VI.. Lx Om. D<.lIl:1c$
(.. .., ~ Q'" . :3 A 1 t)G $1 304 041.00 ), ~\lbjc~1 \l) ~d~iilin"., wd deduedl.ln~ ;I;> provided iJ~ [he Con.
f)~ rn tr~c:l Oc",<:ull\cnts. "
~ f-' 4.2 The COOlr~C:I Sum Is brtlie<.l Up0J1 cl\t (ollowing oUtt'.tn\lIes. I{ 2., y. which are 11=ribc:d in lho! COlltr:acc Document.' and ;m:
tlcrcllV 1ecepted by Ihe Owner:
(.Wnf'L' 11)1 ",,,nbrr,f ur ,ulJtr Idtmf/lcflliuJI .,/ uc:tt:/,"lfl (Ift~/hJ(t'S, Il~i"i",u:'ilI ulb,.t'l-lflt!!'lfltt1.Ut' 1(1 lH' mQlJ,,'lr)'llu: ()UI/Il!t J"bUtllll't1tln ,ht> .".'trr:'4J;UU "j
Ihu .-tg""t:nhtul, all<<b a srJH;uJulc (,) :011:1) Cltb..'r nlu"lI(ft~. .f;hllu.lill.Q. Ib<.' (1ft/Oil'" lur l't'('ft (Imf tiN! d,w! mllll wbtL"b tlm. mlll,lUII' it J..tlicJ.)
Alternate number 3 ($7,897.00)
4.3 l!nil prke:i, if ~n}', :Ire ;&S tuUows:
N/lI
AI" DOCU"!HT .1.101 . O\J:'Hl;j(.cO~TMr.Ton AC;Il~ i; !.:-IT . TWELI'1'H WmOl'l · AIA~ . I9IYIl7
"ll!: AMl!flIC"'N INSTITLrI'1! or ARr;lI1TEcn. 17~~ !'lp.~ W,l\K WI!l'lUI!. !'l,u'" W.\.~IIINC;TON. 0,';, ~1)(oO(>
A101-1987 3
WARNI"lG: UI\IIcl!l\Std photoct)py.ng vloWlles u.s, copvrlghllllWllllld Ie ~eC1I0 legel plDlec:ullon.
i:
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 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, tI:e Owner shall make payment to the Contractor not later than
the Fifteenth (15th) ----------- day of the fo11owlng month. If an Application for Payment is received by the
Architect after the application date fixed above, payment shall be made by the Owner not later than 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 with
the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work
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 eaGh progress payment shall be computed as follows:
5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage
completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule
of values, less retainage ofTen------------------------------------------------------- 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 and equipment delivered and suitably stored at the
site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the
site at a location agreed upon in writing), less retainage of
percent ( 1 U %);
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 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- F i ve--- -------- ------------------------------ 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 final 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:
(If il is intel/ded, prior 10 Substantial Completion o[ /be entire ~rr()rk. 10 reduce or limit 'be re/ail1age resulting/rom fbe percentages inserted ill SulJpara-
xrapbs 5.6./ and 5.6.2 alJul'e. and Ibis is 1101 explained elsewbere ill (be Contracl Documents, insert /)ere prolJisiollsfor such reduction orlimitalioll.)
None.
AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT. TWELFTH EDITION . AIA~ . @1987
THE 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.
,
.....'.::..
'_UN I \.ouNST '':''u
7136 863 0306
P.06/11
ARTICLE 6
FINAL PAYMENT
Final paymfilt. constitUting the: elUlre unp~id b;l!.mce of the Contract Sum,.tIull be m:lde b)' the Owner 10 the Contr.lCtnr when I. 11
Ihe Conlr.lcl h:u been fWly pcrt'omled hy (he COntJ':lCIOr e:xcept ror th~ Comr:lClor's rcSp(\lulbilil)' to correCI nl'Oconfnrmlnll
Wl1rk :IS provided' In Subpar:lgrJph I L!.2 of the GelleTJI Condit\(1I1S J/ld 10 SJti$f)' ocher n:quirt:mems. jf any. ",'hld1 neccs~"\Iril~'
$\Ir~'lvc final payment; ~nd (2):l final Ccnific-Jtc lor P;lymcm has bt'"n issued by the An:hItCCI; slIch fiJ1:U paymcnl ~h;ul h.:: m:lde by
the ()o;I,'ncr not nlnre th:ln ~() d.:1ys .uter '"" L,;sU:I.IlCe of Ihe Architcct", r,n~ Cc:nifiC:i1e [or P:lymcl1t. or 1~ tOIlONS:
As Above.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Where rdnenec is malic In (hi! ^!:rc.::mer I tu a pl\wisiun of the (iener.u Conc1iuon~ 'Jr ;ul(1lhc:r CuntrJ~'1 DoCUm,,(\I, lhe rd.
efence refer:; rn thaI prO\';~iCln :ll! ;Ullended ur ~.lpplemc:nlc:J by other pn)lIl~ion$ uf the Contr:lCI OnL'Ul11Cnls.
72 P '. .n!1 It" .!1we aPI' 1'1'-<11 "'- iJ~ A." 11'<- r""'.r;aIr':,<J -.....11 ........ :...r......~... r....,_ ,h.. ,'t-u,. P"~'l\"..nt';c. ......... '1' ,h.. ,..,,.,.. I,;(_.'~tr"d. \ov"ll""In. ,or in
tii~e n":.:.....ee tht'~),C In If.... 1....~..1 (~tt ~n\lli:ll1~ IUfFR lill1~ fA IIR.l tH tRe fJlAcr' .1"(1 (R~ Pf':'jt,ot J,: IRfl11u~
(I'/~..'''' reflL' '4' ""{'n'.~/II~ri~(1 UJI"", IJ' ,II,Y.)
) &fie. P8Eeeftt. "(..1::: t1o..th
!jPi (1%) one percent per lIDllth for all _nts oore than 30 days past due.
(uswy I/w'),. llll,t fc'C/JUrc.omrrH)' mull.,. niL' F..lfl\"'-td Trlllb . . , t,r:1",,'" .'h't, )#IJ,,'ur .'(I,ICl' c7lltllcl{:(J/ CrJIL~lII''':r(rt'tllllm'':f IItht otht'r "'R"t"Ut",S (tt lIw ()U'/h'''''; (U1{J
C;,mlTfU:flJf 'f /,ri,uifuIl /Jim'."! IIf III,illWf.f. /h,. Ifum;mr !' J)..r /'mjl'r.( (lmt L'/h'fllb,,,. may fljja1Ct llt('l'ttlillity of S/.tr! ~n'f'lI").'IJ'1. IIJ)tll t,J,'j,',I.d;rwl(t h"lJhc"i"L'tt
".ff" rt..../-L...t III ,14I1t-'1;".,,1 ", m"'/,'I;lI''''''''~', ."w/ ,d..i, "".I'rrnUIt.l( rf.!'Jl/f'.''''t''JlJ ..u,,'tJ liS U"Ulrn tlt)\'/fl$rl'{'J fir Ute/il'l''',)
7.3 ()ther pr\)vj$lnns:
!-:one
ARTICLE 8
TEAMINA TION OR SUSPENSION
8.1 The ComraCt m~y' he t(rmin:uc:t.I by tl1: , Nnc:r ,)r the Conrl"~l"Il)r:l.~ provided in MUde l-l uf lhe Gener:LI CUlldillnn.i.
8.2 The: Work nuy be ~lI~pel1ded by lhe ()'''ncr a5 prl,lllided in Ankle 14 or the Gener.li CnndltlllClll.
AlA DOC\JMEN'T A1a1 . O'l'NER-'ONTR..\CTOR "'tl~ME~ . TWUtTH EDITIl)N. AlA. . ~19f\7
rHE "~1I\R1CAN INliTIT\JTE Of .\IICHl1'ECTS. 1~" I'IEW YORK .WENIJ~. N.W.. WASHINCTON, D.('~ ~oclV6
A101.1987 5
WARNING' Unllc.,,"(I11~O""'O .7'('1\9 vlolat.. U.S. Cooyrl"~ll....,o; ".d I, ",hi." '~'.,,,I.,,,,..~.~~"
,:
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
9.1.3
The General Conditions are the General Conditions of the Contract for Construction, AlA Document A201, 1987 Edition.
The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
, and are as follows:
August 21, 2002
Document
See Attachment "A"
Title
Pages
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows:
(Eitbet list tbe Specifications bete 01' telet to WI exbibit attached to Ihis Agteement.)
Section
Title
Pages
See Attachment "A"
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 subject to legal prosecution.
9.1.5 The Drawings arc as follows, and arc dated
(Hi/ber lisl Ibe /Jrau'i,,).!,s herf.! or n:/('I' Iu an exbiJJif a/{tlchecl to tbis A~ree11l('1l1.)
unless a different date is shown below:
Number
Title
Date
See Attachment "B"
9.1.6 The addenda, if any, are as follows:
Number
Date
Pages
1
2
October 9, 2002
October 16, 2002
22
5
Portions of addenda relating to bidding requirements are not part of [he Contract Documents unless the bidding requirements are
also enumerated in this Article 9.
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGHEEMENT . TWELFTH EDITION. AIA<!> . @19117
THE AMERICAN INSTITUTE OF ARCHITECTS, 17.'>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.
,
9.1.7 Other documents, if any, forming part of the Contract Documents are as follows:
(List here any additional documents which are intended to foml part of tbe Contract Documell!s. Tbe General Co,mitions provide tbat bidding requirements sucb
as advertisement or invitation to bid, Instructions to Bidders, sample fOntlS mId tbe Cotllractor:S bid are not part of tbe Cotllract Documents unless enumerated
In tbis Agreement. They sbould be listep bere only If itllended to be part of tbe Contract Documents)
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 be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the
Owner.
OWNER
COTRACTOR
Kl td/!
(Signature)
r (S;8~'"
(<
t?1(~~ ~ rot k)j ()" TOJ
(Printed name and tit/e)
pres/IeAlJ
j
~ CAUTION: You 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. 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.
.:
ATTACHMENT A
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 - INSTRUCTIONS TO BIDDERS
00220 - SUPPLEMENTARY INSTRUCTIONS TO BIDDERS
00410 - BID FORM
AlA DOCUMENT A305 - CONTRACTOR'S QUALIFICATION STATEMENT
00500 - FORM OF AGREEMENT
00600 - BONDS AND CERTIFICATES
00700 - GENERAL CONDITIONS
00800 - SUPPLEMENTARY CONDITIONS
DIVISION 1 -- GENERAL REQUIREMENTS
01100 - PROJECT SUMMARY
01210 - ALLOWANCES
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
2127/ Augusta/Richmond County Fire SlaUon 118
00010 - 1
1 f 6 TABLE OF CONTENTS
Page 0
,'.
L
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
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
DIVISION 5 -- METALS
2127/ AugustalRichmond County Fire Station # 8
00010 - 2
Page 2 of 6
TABLE OF CONTENTS
'.
{
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
08205 - VINYL INSULATED STEEL ENTRY DOORS
08360 - ALUMINUM SECTIONAL DOORS
2127/ Augusta/Richmond County Rre StaUon # 8
00010 - 3
Page 3 of 6
TABLE OF CONTENTS
08410 - ALUMINUM-FRAMED STOREFRONTS
08568 - VINYL WINDOWS
08710 - DOOR HARDWARE
08800 - GLAZING
DIVISION 9 -- FINISHES
09205 - DIAMOND MESH METAL LATH
09220 - PORTLAND CEMENT 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
10999 - TOWER CLOCK
DIVISION 11 -- EQUIPMENT
11005 - MISCELLANEOUS EQUIPMENT
2127 I AugustafRjchmond County Fire SlaUon # 8
00010 - 4
Page 4 of 6 TABLE OF CONTENTS
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
15424 - 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 AND 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
16000 - GENERAL
2127/ Augusta/Richmond County Fire Station # 8
00010-5
Page 5 of 6
TABLE OF CONTENTS
16010 - LIGHTING POWER & PANELBOARDS
16015 . FUSES
16020. RACEWAYS
16030. CONDUCTORS
16040 . OUTLETS
16050. WIRING DEVICES & DEVICE PLATE
16060. LIGHTING FIXTURES & LAMPS
16070. DISCONNECT SWITCHES
16090. PHOTO CONTROL & CONTACTOR
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
2127/ AuguslalRichmond County Fire Station # 8
00010 - 6
Page 6 of 6
TABLE OF CONTENTS
ATTACHMENT B
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 PLAN
C2.3 S.E.S.C. NOTES & DETAILS
C3.1 MISC. PROFILES
C4.1 MISC. DETAILS
C4.2 MISC. DETAILS
C4.3 MISC. DETAILS
L 1.1 LANDSCAPE PLAN
L2.1 IRRIGATION PLAN
L3.1 LANDSCAPE & IRRIGATION 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
A4.3 TOWER SECTION
A4.4 TOWER SECTION
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 ELEVATIONS
A8.2 MILLWORK ELEVATIONS
A8.3 MILLWORK SECTIONS
A9.1 ENLARGED PLANS
21271 Augusta/Richmond County Fire Station # 8
00015 - 1
Page 1 of 2
LIST OF DRAWINGS
A9.2 ENLARGED PLANS
A10.1 CANOPY PLANS & DETAILS
A11.1 SIGN DETAILS
S1.0 GENERAL NOTES
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 PLAN
P1.2 PLUMBING PLAN
P1.3 PLUMBING PLAN
FP1.1 FIRE PROTECTION PLAN
M1.1 HVAC PLAN
M1.2 VEHICLE EXHAUST PLAN
M2.1 HV AC DETAILS
M2.2 HVAC DETAILS AND SCHEDULES
E1.1 SCHEDULE & FIXTURES 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
2127/ Augusta/Richmond County Fire Station # 6
00015 - 2
Page 2 of 2
LIST OF DRAWINGS
{
'.
THE
AMERICAN
NSTITUTE
o F
ARCHITECTS
AlA Document A201
General Conditi'ons of the Contract
for Construction
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION
\'(IITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION
1987 EDITION
TABLE 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 191 L 1915. 1918. 1925. 1937. 1951, 1958. 1961, 1963. 1966. 1967. 1970, 1976, @ 1987 by The American Institute of Architects, 1735
New York A venue. 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 EDITION
AIA~ . @ 1987 THE AMERICAN INSTITUTE Of ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 20006
A201.1987 1
j'
. I
Acceptance of Nonconforming Work. . . . . . . .. 9.6.6,9.9.3.12.3
Acceptance of ""ork ........... 9.6.6,9.8.2.9.9.3,9.] 0.1. 9.10.3
Access to Work. . . . . . . . . . . . . . . . . . . . . . . . . .. 3.16,6.2.1, 12.1
Accident Prevention. . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2.3. ]0
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. ]3.7, 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 ur Invitatiun to Bid. . . . . . . . . . . . . . . . . . . . .. 1.1.1
Aesthetic Effect. . . . . . .. . . .. . .. . . .. . . .. . . .. . . .. 4.2.13,4.5.1
Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3.8
All-risk Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 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. II.;UO
Architect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.1
Architect. Definition uf. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.1.1
Architect, Extel1l 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.~\ 9.10.1, 9.10.3,12.1,12.2.1,
15.5.1,1:1.5.2, \<f.2.2. 14.2.4
Architect. Limitation.~ of Authority :l11d Responsihility. 3.3.3. 3.12.8,
.~.I2.II, 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.].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. ~~.12.8, ;'\.1 8.~~. 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 Decisiuns. ... ... 4.2.6.4.2.7,4.2.11,4.2.12.4.2.13,
4.:;.2,4.:;.6.4.4.1,4.4.4,4.5,6.3. 7.:Hi, 7.3.8, 8.1.;\, 8.;\.1,
9.2,9.4,9.<;.1.9.8.2.9.9.1.10.1.2.13.5.2,14.2.2,14.2.4
Architect's Inspections. . . . . . . . . .. 4.2.2.4.2.9.4..1.6,9.4.2. 9.H.2.
9.9.2,9.10.1,13.5
Architect's Instructions.. 4.2.6.4.2.7,4.2.8,4.:'>.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. . . . . . .. 4.2.2,4.2.5.4.5.6,9.4.2,
9.5.1, 9.IU.l, 13.5
Architect's Prolect Representative ............ . . . . . . . 4.2.1 Il
Architect's Relationship with Contractor. . . . .. 1.1.2,5.2.1. .1.2.2,
.1.3.:-.. .'>.5.1. .n..'>. 3.11. 3.12.1:1, 3.12.11. 3.16. .~.IH. 4.2.3. 4.2.4,
4.2.6,4.2.12. <;.2,6.2.2,7.3.4.9.8.2,11.3.7,12.1, n.5
Architect's Relationship with Suhcomr,lClors . . 1.1.2,4.2.3,4.2.4,
4.2.6. 9.63. 9.6.4. 11.).7
... 9.4.2,9.'i.l,9.10.l
4.2.2. -1.2.5, -1.2.9, 43.6, 9..U. 95.1.
9.!U. 9.9.2, 9.10.1,13.5
Ashest!ls . .. .. .. . .. .. . .. .. . .. ... 11).1
:\lturneys' fees. . . . . . . . .. .~.18.1, 9.1 1l.2. 10.1.4
AwardnfSeparateCuntracts.. .............. 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
U!lnds, Lien ..................................... 9.10.2
Bunds, Performance and Payment. . . .. 7.:~.G.4. 9.10.3, 11.:'>.<). 11.4
Architect's Represent:ltil)ns . . .
:\rchitecl's Site Visits. .
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 ..... 3.12.11.15.5.4
Certificates of Insurance. . . .'. . . . . . . . . . . . .. 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..\ 11.3.1.2,
11.3.4, 11.3.9, 12. \.2
Change Orders, Definition of . . . . . . . . . . . . . . . . . . . . . . . . .. 7.2. I
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, B.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. 1U.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..'>.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
COlllmencement (lfthe 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.:1.7.5.2.1,
6.2.2,8.1.2,8.2.2,9.2, 11.1.3, 11.3.6, 11..i.!
Commencement of the Work, Definition of . . . . . . . . . . . . . .. 8.1.2
Communicatiuns facilitating Contract
Administration ........................ 3.9.1,4.2.4,5.2.]
Completion, Conditions Relating to . . . . . .. 3.11,3.15,4.2.2,4.2.9,
4..:;.2.9.4.2,9.8,9.9.1,9.10,11.3.5.12.2.2,13.7.1
COMPLETION, PAYMENTS AND. . . . .. .................. 9
Completiun, Subst;lIllial . . . . . . . .. 4.2.9,4.3.5.2,8.1.1, H.l.3, 8.2.3,
').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. ILl,
1\.5,13.1.13.5.1,13.5.2.13.6,14.1.1,14.2.1.3
Conceakd or Unknown Condillons . . . . . . . . . . . . . . . . . . . .. 4.3.6
Conclitio!1SuftheCuntracl ......... .... 1.1.1,1.1.7.6.1.1
Consent, \Vritten . . . . . . : . . .. 1..'>.1, 3.12.8, ~~.14.2, 4.1.2,
4.3.4. -i.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, 11.5.11, 13.2, 13.4.2
CONSTRUCTION BY OWNER OR BY SEPARATE
CONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I. J .4, 6
Construction Chan~e Directive, Detlnition of. . .. 7.:~.1
Construction Change Directives. . .. 1.1.1,4.2.8,7, I, 7.3, 9.:~.1.1
Construction Schedules. COl1lractor'o . . . . . . . . . .. 3.1 n. 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.:~.7, 5.4.11.14
Cuntract Administration .~..~.3, 4, <).4. ').5
CuIHraCI A ';"ard and Execution, Conditions Relating (() . .~. 7.1.
.~.]O. 5.2,9.2, 11.\.3, 11,3.6, 11.4.1
Contract Documents, The . . . . . . . . . . . . . . . .. 1.1, 1.2, 7
Cllntr;1C1 DocuJ11elHs. Copies Furnished and Use of. .. 1.3. 2.2.5. 5.:~
Cul1lract Doclllllents. Definition of ......... ........... 1.1.1
Cllntract Perfurmance During Arhitration . . . . . . .. 4.3.4.4.5.5
Contract Sum .... ... .. .. . 3.8.4.3.6. '1.3.7, 4..j.-I. 5.2..~.
().I.:;' 7.2. ~.5. 9.1, 9.7.11.3.1,12.2.4,12.3,14.2.4
Contract Sum, Definition of. .................. 9.1
Contract Time ........... .... 4.3.6, .j.3.H, 4.4.4, 7.2.1.3, 7.5,
H.LI, H..U, ').7, 12.1.1
CuntraCI Time. Definition of . . . . . . . . . . . . . . . . . . . .. 8.1.1
2 A201-1987
AlA DOCUMENT A201 . GENERAL CON[)ITIONS OF TIlE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
:\IA'~ . <91987 THE MIERICAN INSTITUTE OF AHCHlTECTS. 1735 NEW YORK AVENUE. N.W.. WASHINGTON, D.c. 211111)6
r \ .) ,
CONTRACTOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 3
Commctor.Deflnltlonof .......... ................ 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. . . . . .. 1.2.4,3.312,
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 Rel:1tionship wilh the Architect " .. 1.1.2,3.2.1,3.2.2,
3.B, 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 \X/ork . . . . . . . . . . . . . . . .. 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 SlOp the Work. . . . . . . . . . . . . . . . . . . . .. 9.7
Comractor's Right to Terminate the Contract ...., . . . . . . 14.1
Contractor'sSubmittals . . .. . .. 3.1U, 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 Constnlctioll 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 Correlatiun ............... 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,
9.9.1.12.1.2,12.2.13.7.1.:'>
Cost, Definition of . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7.3.6, 14.3.5
Costs . . ,. 2.4.3.2.1,3.7.4,3.8.2,3.15.2. 'd.6, 4.3.7, 4.3.8.1.5.2.3.
6.1.1.6.2.3, 6.3. 7.3..~.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, I U.9, 12.1, 12.2.1, 12.2.4, ]2.2.5. 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 10 the Work. . . .. 3.14.2,9.9.1. 10.2.1.2. 10.2.5. 10.3, 11..~
Damages. Claims for .. .~.18,4.3.9.6.].1,6.2.5.8.3.2,9.5.1.2.1().1.4
Damages for Delay, ................... 6.1.1,8,3.3.9.5.1.6.9.7
Date of COlllmencement of the Work, Definition of. . . . . . . .. 8.1.2
Date of Substantial Completion, Definition of. . . . . . . . . . . 8.1.3
0:1)'. Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8.1.4
Decisions of the Architect. . . . .. 4.2.6,4.2.7,4.2.11.4.2.12,4.2.1.\
-i.3.2, 4.3.6. 4.4.1. 4.4..J. 4.5, 6.3. 7.:\.6, 7.3.H. 8.1.3. 8,3.1, 9.2,
9.4.9.5.1.9.8.2.9.9.1,101.2.13.5.2. h2.2. 14.2.4
Decisions to Withhold Certification . . .. 9.5,9.7. 1'1.1.1.3
Defective or Nonconforming Work, Acceptance,
Rejection and Cnrrection of . . . . . . . . . . .. 2.3.2.4,3.5.1. -1.2.1,
-i.2.6, '1.:\.5, 9.5.2. 9.8.2, 9.9.1, 10.2.5, 12. I.D.1.3
Defective Work, Definition of . . . . . . . . . . . . . . . , . . .. 3.;.1
Definitions. . . . .. 1.1.2.1.1. 3.1, .~.5.I. 3.12.1,3.12.2,3.12.3,4.1.1.
-1..'\.1.5.1. 6.1.2,7.2.1,7.:\.1.7.:'.6,8.1.9.1.9.8,1
Delays and Extensions 01 Time. . . . . . . . .. -1.3.1. <1.3.8.1, 4.:\.H,2,
6.1.1.6.2.3.7.2.1.7.:\.1.7.:'0.4,1.3.5,7.3.8,
7.3.9.8.1.1,8.3, ]1).:\1. 14.1.1.4
Disputes............ 4.1.'1.4..~,-i.4.-i.5,6.2.5,6.3. 7J.8.9..'I.1.2
Documents and Samples at the Site. . . . . .'1.11
Drawings. Ddinition of . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. 1.1. 5
Drawings :lIld Specilkations. Lise and Ownership of. . . .. 1.1.1. 1.3.
2.2.5.3.11,5.:\
Duty to Re\'ie,,' 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,
.U8.2, -i.2.3, 4.2.6. 8.1.2. IlJ.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,
.'\.8.1,3.12.3.3.12.7,3.12.11,3.13,3.15.1,4.2.7,
6.2.1. 7.3.6.9.3.2,9.3.3, 11.3. 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, ]0.2, 14.2, 143
Execution, Correia lion and Intent of the
Contract Documents ................... 1.2,3.7.1
Extensions of Time .... ...... ... 4.:'1.1, 4.3.H, 7.2.1.:'1, 8.3, IlJ.:'I.l
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)
FlnalComplellonandFlnalPayment ........ 4.2.1,4.2.9,<1.3.2.
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 [,...laterlals , . . . . . . . . . . . . . . . . . . . . . . . . . .. 10.1, 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, 1U,1.4, 11.3.1.2, 11.3.7
Inlormatlon and Services Required 01 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, 9.8.3,9.9.2.
9.1 U.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. 1:'1.5
Instructions to Bidders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.1.]
InstructionstlltheContractor.... 3.H.I,4.2.8. 5.2.1.7,12.1,13.5.2
Insurance. . . 4.3.9. 6. l.l , 7.3.6.4,9.3.2,9.8.2,9.9,1,9.1 U.2, II
Insurance, Boller and Machinery .................... 11.3.2
Insurance, Contractor's Liability . . . . . . . . . . . . . . . . 11.1
Insurance. Effective Dare of . . . . . . . . . . . . . .. H.2.2, It. t.2
Insurance, Loss 01 Use. . . . . . . . . . . . . .. 11.3.,
Insurance, Owner's Liability. . . . . . . . . . . . . . . . . . . .. 11.2
Insurance, Property... .. ... .. ... ... IIJ.2.'i,11.3
Insurance. Stored Materials .................... 9..'1.2, 11..~.1.4
INSURANCE AND BONDS .. . . . . . . . . . . . . . . . . . . . .. 11
Insurance Companies, Consent to Partial Occupancy. .9.9.1. ] 1.3.1 ]
Insurance Companies, Settlement witll . . . . . . . . . . . II.:~.I ()
Intent of the COlllractl)ocumel1ts . . . . 1.2..'1.3.1 "2.4,
4.2.6. .U.7. 4.2.12. oJ.2.1:'I. 7A
Interest. . . . .. . . . . . . . . . . .. . . .. .. . . . . . . . . . . . . . .. 13.6
Interpretallon. .. 1.2.5. 1.'1,1.5.4.1.1, 'd. I. 5.1,6.1.2. A.I.4
Interpretations. Written... 4.2.11.4.2.12. '1..'1.7
Joinder :ll1d Cunsolidation of Claims Required. . . . . . . . . . . .. 'j. 5.<1
Judgment on Final Award .. ........... 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.H.2.
3.12.2. .~.12.:~. :~.12.7. 3.12.]1. 3.13, 3.15.1.
-\.2.7,6.2.1.7.:>.6, ':)..:1.2.9.3.3, 12.2.4. 14
Labllr Disputes. . . . . . . . . . . . . . . . . . . . . . H..'I.I
Laws and Regulations .. /..\, .\.6, .'1.7. 3.1.'1. 4.1.1,4.5. 'i. -1.5.7.
9.l).1. 111.2.2,11.1,11.:\.13.1,13.4,1:'1.5.1,13.5.2.13.6
Liens . . . . . . . . " 2.1.2,4.3.2.4.3.5.1, IU.2. 9.3.;\. 9.11).2
Limitation on Consolidation or Joinder .......... .... 4.5.5
Limitations. Statutes of .... ... . .. .... .... 4.5.4.2.12.2.6.13.7
l.imitationsofAutllority.................... :'IJ.I,-i.I.l. -1.2.1.
4,2.:~. -1.2.7,4.2.10.5.2.1,5.2.4. 7.4, II.:~.IIJ
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIA'!l . @1987 THE A~IER]CAN INSTITUTE OF ARCHITECTS. 17~5 NEW YOIlK AVENUE. N.W.. WASHINGTON. D.C. 2111l1)(,
A201-1987 3
, ,
LimitatlonsofLiabilitv..... 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, 1l.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'
ivlaterial 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, ]2.2.4, 14
Means. Methods. Techniques. Sequences and
Procedures of Construction. . . . . . . . .. 3.3.1.4.2.3,4.2.7,9.4.2
MlnorChangeslntheWork.......... 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. 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, 10.1.2. 10.2.6. ] 1.1.3,11.3, 12.2.2,
12.2.4, 13.3, 13.5.1, U.S.2, 14
Notice, Written.. ... ., .. .. . ... 2.3,2.4,3.9,3.12.8, 3.J2.'1, 4.3,
4.oJ.4. 4.5, 5.2.1. 5.3. 5.4.1.1, 8.2.2. 9.4.], 9.5.1, 9.7, 9.10,
1U.1.2. 10.2.6.11.1.3.11.3.12.2.2.12.2.4,13.3, \3.5.2. 14
Notice of Testing and Inspections. . . . . . . . . . . . . ... 13.5.].13.5.2
Notice to Proceed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8.2.2
Notices, Permits, Fees and ...... 2.2.3,3.7,.'>.13, 7.?1.6.4, 10.2.2
Observations. Architect's On.Sit(: ................. 4.2.2,4.2.5.
4.3.6.9.4.2,9.5.1,9.10.1. 1:'>.5
Obsen'ations. Contractor's. . . . . . . . . . . . . . . .. 1.2.2. .~.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
On-Site Obser\'ations by the Architect. . . . . . . .. 4.2.2, 4.2.5. '1..~.6.
9..1.2, 9.S.I. 9.10.1,1).5
Orders, Written. . . . . . . . . . .. 2..'>, 3.9, 4.:~.7, 7, 8.2.2,11.3.9,12.1,
12.2,13.5.2, lo.i.3.1
OWNER. .. ... . . ... . .... .. .. ... .. . ... .... .. ....... 2
Owner. Definition of . . . . . . . . .. 2.1
Owner, Information and Services Required of the. . . . . . .. 2.1.2.
2.2, 4.3.oJ. 6. 9.10.1.4,11.2.11.5,135.1.14.1.1.5. ]o.i.1.3
Owner's Authority .. .'>.8.1, 4.1.:'>. 4.2.9. 5.2.1. 52.4, 5.4.1.
"'.5.1. (l.2.2, 9.3.1. 9.:1.2, 11.'1.1. 12.2.oJ. 13.5.2, ] '1.2, 14.:1.1
O,,'ner's Financial Capability ................... 2.2.1. ]oJ.\.1.5
Owner's Liability Insurance. . 11.2
Owner's Loss of Use Insurance. . . . . . . . . . . . . . . .. 11.3.3
Owner's HeI:Hionship with SubcontractOrs. . . . .. 1.1.2,
5.2.1, 5.oJ.l, 9.6.4
. .. 2.oJ. 12.2.oJ. 14.2.2.2
Owner's Ri!!IH to Carry Out the \Vork . .
Owner's Right to Clean Up .
4 A201-1987
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
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, 9.10A, 14.2.4
Payment, Certificates lor. . . . . . . . . .. 4.2.5,4.2.9, 9.3.3, 9.~, 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.
11.1.3,11.3.5,12.3.1
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, 14.2.1.2
PCB,..... .. .... .. .... . . .... ... .... ., .,. ,.. ....... 10.1
Perform,lI1ce Bond and Payment Bond. . . . . , . . . . . . . . . .. 7.,3.6.4.
9.10.3.11.3.9.11.4
Permits, Fees end Notices. . . . . .. 2.2.3,3.7,3.13.7.:1.6.4. 10.2.2
PERSONS AND PROPERTY, PROTECTION OF . . . . . . . . . . .. 10
Polychlorinated Biphenyl . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 10.1
Product D:na, Definition of. . . . . . . . . . . . . . . . . . . . . . . . . .. 3.12.2
Product Data and Samples, Shop Drawings. . :I. II , 3.12, 4.2.7
Progress and Completion. . . . . . . . . . . . . . . . . .. 4.2.2.4.3.4,8.2
Progress Payments ............................ 4.3.4. 9.:~,
9.6, 9.8.3. 9.10.3, 13.6, 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 II
Property Insurance. .. . . . . . . . .. . . . .. 10.2.5.11.3
PROTECTION OF PERSONS AND PROPERTY. . .. . . 10
Regulations and Laws. . . . . . . . . . " 1.3.3.6.3.7,3.13,4.1.1.4.55.
-i.5.7, 10.2.2, 11.1, 11.3,1:'>.1. U.4. 1:'>.5.1,13.5.2.1:'>.6,14
Rejection of Work . . . . . . . . . . . . . . . . . . . . . . . .. :'>.5.1, oJ.2.6, 12.2
Releases of "":livers and Liens. . . . . . . . . . . . . . . . . .. 9.10.2
Representations......................... 1.2.2.3.5.1, :1.12.7,
6.2.2,8.2.1.9.3.5.9.4.2.9.5.1, '1JU, C).lll.l
Hcpresentati\'(:s. ............. 2.1.1. .'>.1.1, 5.9,
4.1.1, 4.1.1, 4.2.10, 5.1.1, S.1.2, 1 :~.2.1
Resolution of Claims and Disputes. . . . . . . . . . . . . . . . .. 4.4.4.5
Hesponsibility for Those Performing the \Vork . , . . . . . . . . .. 3..'>.2.
4.2.:'>, ('.1..\ 6.1. ](1
Retail1:lgc............... 9.3.I,9.6.2,9.8.3,'1.9.J.'1.IO.2,9.llU
Review of Contract Documents and Field
Conditions by Contractor ........... 1.2.2.3.2,5.7.:'>..:\.12.7
Re,'icw ,)f C"ntracwr's Submittals by
Owncrand Architect............. 3.10.1,3.10.2. :1.11. 5.12,
4.2.7.4.2.9, S.2.1, 5.2.3. 9.2. '1.S.2
Re\'iew e)f :;hop Drawings, Product Data
andSaniplesbyContractor........................ 3.12.'5
Rights and Remedies ............. 1.1.2,2.3,2.4, :'>.5.1, 3,IS.2,
'1.2.6. o.i..,>.6. oJ.5. 5..', (i.l, (d. 7.~.1, H.:\.l. '1.5.1, 9.7.10.2.5.
10.5.12.2.2, 12.2.4.13.4. 14
Royalties and Patents. . . . . . . . . . . . . . . . .. 3.17
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIA~' . @19R7 TiiE AMERICAN INSTITUTE OF AKCHITECTS. t 735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 21101l()
i,
Rules and Notices for Arbitration . . . . . . . . . . . . . . . . . . . .. 4.5.2
Safety of Persons and Property ....................... 10.2
Safety Precautions and Programs ........... 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
Samples at the Site, Documents and ................... 3.11
Schedule of Values. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9.2,9.3.1
Schedules. Construction . . . . . . . . . . . . . . . . . . . . . . , . . . . . .. 3.10
Separate COl1lractsand 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
Special Inspections and Testing .............. 4.2.6,12.2.1.13.5
Specifications, Definition of the. . . . . . . . . . . . . . . . . . . . . .. 1.1.6
Specifications, The.......... 1.1.1,1.1.6,1.1.7,1.2.4,1.3,3.11
St:ltutes of limitatIons . . . . . . .. . . . . . . " . . .. 4.5.4.2,12.2.6,13.7
Stopping the \,'ork. . . . . . . . . . . .. 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, \'('ork by. .. ....... .... .... 1.2.4,3.3.2,3.12.],
4.2.3,5.3, 5.4
Subcontractual Relations. . . . . . . . . . . . .. 5.3, SA. 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 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,
4.2.3,4.3.4.6.1.3,6.2.4.7.1.3.7.3.4,8.2,8.3.1,10.12.14
Suret)' ... .... .. . ..... 4.4.1,4.4.4,5.4.1.2,9.10.2,9.10.3,1'1.2.2
Surety. Consent of. . . . . . . . . . . . . .. . . . . . ... 9.9,1,9.10.2,9.10.3
Sun'eys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2.2.2,3.18.3
Suspension by the Owner for Convenience ............. 14.3
Suspension of the Work .,........... 4..~.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 ContraclOr ........................ 14.2.2
TERMINATION OR SUSPENSION OFTHE 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
TimeLimits,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, 5A, 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. . . , . . . . . .. 4.3.5,4.5.1,9.1 OJ
Waiver of Claims by the Architect. . . . . . . . . . . . . . . . . . . . .. 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
W'alver of Liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9.10.2
Waivers of Subrogation ................... 6.1.1.11.3.5.11.3.7
Warranty and \'('arrantles . . . . . . . . . . . . . . . . . . . . . . . .. 3.5,4.2.9,
4.3.5.3,9.3.3,9.8.2,9.9.1,12.2.2.1.'>.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, IO.I..~,
11.:'-1, 11.3.1.4, 11.3. ] I, 13.2, 13.4.2
Writtenll1lerpretations............ ...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, 11.3.12.2.2, 12.2.4,13.3, 13.5.2. 14
Written Orders. . . .. .. , . . .. . . .. . . . . .. . . . . .. .. 2.3.3.9,4..'>.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
AIA~' . <91987 THE A~IERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NS(I.. WASHINGTON, D.C. 20006
A201-1987 5
J
~
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 (I) 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 amended or modified only by a Modification. The
Contract Documents shall not be construed to create a contrac-
tual relationship of any kind (I) 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" me:JIlS 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 [otal constnlction of which the Work per-
formed under the Contract Documents may be the whole or a
part :JIld 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 \X'ork.
generally including plans. elevations, sections, details, sched-
ules and diagrams.
1.1.6 THE SPECIFICATIONS
The Specifications are that portion uf 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
\\'ork 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..~ ~"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-
menta!")', 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 an10ng 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 havc wcll-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 Dra\vings, SpecificatiOns and other
documents prepared by the Architect, and unless otherwise
indicated the Architect shall be deemed the author of them ;md
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 \'V'ork.
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 CONSTnUCTION . FOURTEENTH EDITION
AlA'" . @1987THEAMERICANINSTITUTE OF ARCHITECTS. 1735 i\:EW YORK AVENUE. N.\'<'.. WASHINGTON. D.C. 2(J(Jo6
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 [Q 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. Ail copies made under
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 CAPIT AUZA TION
1.4.1 Terms capitalized in these General Conditions inclu.de
those which are (I) specifically defined, (2) the titles of num-
bered articles and identitled 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 klentitied as such in
the Agreement and is referred to throughout the Contract
Documents a..~ 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 mecl1;l1lic'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 nve days after any change, information
of such change in title, recorded ur 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. (il/ofe: VI/less slIcb reasollable
el'idem:e /Ill'/,(' jill'l/isbed Oil IWJlIest prior fo tbe execution of
t/.le A,t!,reeJl1C'lIt. tbe prospectil.'e cOI/tractor wOllld 1I0t be
l"t'IJllired to ('.wellte tbC' Agrei?JI1L'lIt or to CO/lllllellCe tbe IFork.}
2.2.2 The Owner shall furnish surveys describing physical
characteristics. legal limitations and utility locations for the site
of [he Project. and a legal description of the site.
2.2.3 Except for permits and fees ~...hich are the responsibility
of the Contractor under the Contract Ducuments, the Owner
shall secure and pay for necessary ;lpprovals. easements, assess-
mems 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 oLthe \V'ork.
2.2.5 Unless otherwise provided in the Contract Documents,
the Contractor will be furnished, free of charge, such copies of
Drawings :md Project j'\'lanuals as are reasonably necessary for
execution of the \'\!ork.
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
II (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 \"'ork shall not give rise to a dUt)' 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 !;lils
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 pertod after receipt of such second notice fails to com-
mence and continue to correct any detlciencies. the Owner
Illay, without prejudice to other remedies the Owner Illay
have. correct such del1ciencies. In such case an appropriate
Change Order shall be issued deducting from payments then or
thereafter due the Contractor the cmt of correcting such det1-
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 Cuntractor are both subject to prior appruvalof the Archi-
tect. If payments then ur [hereafter due the Contractor are 110t
suftlcient to cover such amounts, the Contractor shall pay tlW
differel1ce to the Owner.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The O>J1tractor is the persol1 or emity identified ;L~ such
in the Agreement al1d is referred to lhruughout the Contract
Documents as if singular in l1umber. The term "Contractor"
means [he Cumractor or the Clll1tractor'.~ authorized
represel1tative.
AlA DOCUMENT A201 . GENERAL CONDITtONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AtA'" . @1987 THE AMERICAN INSTITUTE OF ARCHtTECTS. 1735 NEW YOIlK AVENUE. NW.. \\'ASIIINGTON. D.C 20110(,
A201-1987
7
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, tec!1I1iques, 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 inspection of por-
tions of Work already performed under this Contract to cleter-
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 ancl 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 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 thcreof 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 ;md
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 Tile 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 deJay in the
Work;
.2 allowances shall cover the cost to the Contractor of
materials and equipment delivered at the site and all
required taxes. less applicable trade discounts;
8 A201.1987
AlA DOCUMENT A201 . GENERAL CONDlTlONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AIA~ . @t987 THE AMERICAN INSTITUTE OF ARCHIT!,CTS. 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006
.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.
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 Gluring 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 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 tll1d 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 cmrently 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, diagr;ulls. schedules and
other data specially prepared for the Work by the Contractor or
a Subcontractor. Sub-subcontractor. manufacturer, supplier or
distributor to illustrate some pOrlion of the Work.
3.12.2 Product Data are illustrations, standard schedules, per-
formance chans. instructions, brochures. diagr;uns and uther
informatiun furnished by the Comractor to illustrate materials
or equipment for some portion of the \\lork.
3.12.3 Samples are physical examples which illustr;ue
m:lterials. equipment or workmanship and establish standards
by which the \\lork 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 uf 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 perform no portion of the. Work
requiring submitt;tl 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 ;U1d 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,
Samples 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 such calculations and certifi-
cations.
3.13 USE OF SITE
3.13.1 The Contractor shall conIIne operations at the site to
areas permitted by law. ordin:lnces. permits and the Contract
Ducuments and shall not unreasonably encumher 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 \'('ork or to make its parts
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 nut cut or otherwise alter such construction by the
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRlICTlON . FOURTEENTH EDITION
AlA>!> . @1'JR7 THE AMERICAN tNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W.. WASHINGTON. D.C. 2000(,
A201-1987
9
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 falls 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
frol11 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:'. 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 :lcts they ma~' be liable, the indemnifica-
tion oblig;ninn under this Paragraph :3.18 shall not be limited by
a limitation on amount or type of damages, compensation or
benetlts 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
.1.18 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, ;md
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 :lnd 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.
~.1.1 Di613lHI!l> ari!;ing YR9gr ~tll;>p'rm8FGj?Rb <11') .mo ,,, h;} GIft!..... _
9Rall g~ f1id9i~<,r rt"'\ ..,rhjrr~ri~. ~
4.2 ARCHITECT'S ADMINISTRATION
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 \"",'ork and to determine
in general if thc Work is being performed in a manner indicat-
ing that the \\lork. when completed. will he in accordance with
the Contract Documents. However. the Architect will not be
required to make exhaustivc 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 \\lork. and will endeavor to
guard the Owner against defects and deficiencies in the \Xfork.
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. The Architect will not be responsible for the Contractor's
failure to carry out the Work in accordance with the Cummct
Documents. The Architect will not have control over or charge
of and ,,'ill 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
AIAo!e . '91\jH7 THE :\~IERICAN INSTITUTE Or ARCHITECTS. 173<; NEW YOHK AVENUE. N.W.. WASHIN(;TON. D.C. 20006
.\ .
tractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the \'i'ork.
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 will
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 whi;.h
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.
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 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 3 component.
4.2.8 The Architect will prepare Change Orders 3nd Construc-
tion Ch3nge Directives. and may authorize minor changes in
the \,</ock as provided in Paragraph 7.';.
4.2.9 The Architect \vill conduct inspections to determine the
date or dates of Substantial Completion and the date of !lnal
<.:ompletion. will receive and forward to the Owner for the
Owner's review and records written \\'-arrantie~; and related
do<.:uments 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-
vide 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 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 "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.-i. A deci-
sion by the Architect. as provided in Subparagraph 4.4.4, shall
be required 3S a condition pre<.:edent to .F9iIFlIti"il (4f 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 ''';;ork or (2) the extent to which the Work has been com-
pleted. The uecision by the Architect in response to a CI3im
shall not be ;1 condition precedent to jlrbitr'lti~'" '1' litigation in
the event (I) the position of Architect is vacant, (2) the Architect
h3S not received evidence or has failed to render a tle<.:ision
within agreed time limits, (:S) the Architect has failed tu take
action required under Subparagraph 4..:i..:i within 30 Jays after
the Claim is made. (.:j) 45 days ha\'e passed after the Claim has
been referred tu the Architect or (5) the Claim relates to a
mech:Ulic's lien.
rL
~
4.3.3 Time Limits on Claims. Claims by either party must be
made within 21 days ;lfter occurrence of the e\'ent giving rise to
such Claim or within 21 days after the claimant t1rst recognizes
the cundition 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 CONDITlOeiS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
.-\IA~' . 'S) IlJ87 THE A,\IERICAN INSTITUTE OF ARCHITECTS. 175s NEW YORK AVENUE, :--I.\V.. WASHINGTON, D.C. 2111)116
A201-1987 11
4.3.4 Continuing Contract Performance; Pending final reso-
~ lution of a Claim-'n<;;I\l?illB ~"h;'"~';Ol?, unless otherwise agreed
C'I~in writing the Contractor shall proceed diligently with perfor-
~V mance of the Contract and the Owner shall continue to make
payments in accordance with the Contract Documents.
4.3.5 Waiver ot 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.
4.3.6 Claims for Concealed or Unknown Conditions. If con-
ditions are encountered at the site which are (1) subsurface or I
otherwise concealed physical conditions which differ materi-
aUy from those indicated in the Contract DocumentS or (2)
unknown physical conditions of an unusual nature, which dif-
fer materiaUy 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 2 I 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 COIllract Sum or Contract Time,
the adjustmem 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 (I) a written
imerpretation from the Architect. (2) an order by the Owner to
stop the Work where the Contractor W:LS not at fault. (3) a writ-
ten order for a minor change in the \X'ork issued by the Archi-
tect. (4) failure of pa~'ment 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 ;Ul increase
in the Contract Time, written notice as pro\'ided herein shall be
given. The Contractor's Claim shall include an estimate of cost
and of probable effect of delay on progress of the \X'ork. In the
case of a continuing delay only one Claim is necessary.
4.3.8.2 If ad\'er~ weather con'ditions are the basis for a Claim
for additional time, such Claim shall be uocumented 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: (I) 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: (I) submit
additional supporting data requested by the Architect. (2)
modify the initial Claim or (3) notify the Architect that the initial
Clainl 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 rv __ )
parties -W'1t DI.lBj8.t Ii? i1~eilfRti>;tQ Upon expiration of such time r<<rL.
period. the Architect will render to the parties the Architect's ~
written decision relative to the Claim. including any change in
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 3ssistance 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 ~'ith the lstruction Industrv Arbitration Rules of the
Americ3n Arbitratiol ssociatiOIl. ancl judgment upon the
aW3rd rendered b\' the a 'trator or arbitrators Illav be entered t'\A.. J
in any court having jurisdict 1 thereof, exc<:pt ClJlltroversle~
or Claims relating to aesthetic ef - and except those waived a
provided for in Subparagraph 4.3. Such controversies or
Cl3ims upon which the Architec[ has giv 10tice and rendered
a decision as provided in Subparagraph 4.4.'f all be subject to
arbitration upon \\'fitten demand of either par. Arbitration
may be commenced when -15 days have passed at. a Claim
has been referred to the Architect as provided in Paragr:l -1.5
RHtJ n~ geCiE:ioR hEkS 88~n n~nrJt1nHJ
12 A201.1987
AlA DOCUMENT A201 . GENERAL CONDITtONS Of THE C6NTRACT fOR CONSTRUCTION' FOURTEENTH EDITIO:'-l
AIA'~ .~! 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YURK AVENUE. N.W.. \VASHINGTON. D.C. 2011116
, .
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.
I), Notice of demand for arbitration sha filed in writing with
~the other part)' to the Agreement between t wner and Con-
tractor and with the American Arbitration AsSOCI . ,and a
,~''''ion pw,,' <ng, d Con'''''m ,,,,11 comply
tration ' Claim may not be made until the earlier of (1) the
date on whic rchitect has rendered a final written de,:i-
~ sian on the Claim, (2) t th day after the parties have pre-
,-., sented evidence to the Architect ve been given reasonable
J\l \of? opportunity to do so, if the Architect ha rendered a final
WC--Written decision by that date, or (3) any of t 'events
)
the cision is final but subject to arbitration and (2) a demand
for arbit . n of a Claim covered by such decision must be
~ made within avs after the date on which the party making
the demand receiv' e final written decision, then failure to
~demand arbitrati01: :vithu id 30 days' period shall result in
Architect's deCISIon becom final and bmdmg upon the
Owner and Contractor. If the Archite enders a decision after
arbitration proceedings have been initiate, ch declsion may
be entered as evidence, but shall not supersede a . ration pro-
ceedings unless the decision is acceptable to a rties
Subparagraphs 4.5.1 and 4.5.4 and Clause
4.5.4.1 as app IC nel in other cases within a reasonable
time after the Claim has an .' d in no event shall it be made
. fter the date when institution of lega itable proceedings
ased on such Claim would be barred by the ap' Ie statute
a ng out of or relating to the Contract Documents shall
incll e, by consolidation or joinder or in any other manner,
the Arc 'tect. the Architect's employees or consultants, except
'I by \\'fittel onsent containing specific reference to the Agree-
ment and sig d by the Architect, Owner. Contractor and any
other person or ltit}' sought to be joined. No arbitration shall
il.H\7includ~bv conso ation or joinder or in any other manner,
~ies other than th wner, Contractor. a separate cont~c-
tor as described in Art! 6 and nther persons subst:lI1tially
involved in a common que 'on of fact or law whose presence
is required if cumplete relief is be accorded in arbitratiun. No
person or entity other than the 0 . er, Contractor or a separate
contractor as described in Article 6 s II be included as an orig-
inal third pany or additional thire! part\ 0 an arbitration whose
interest or responsibilit~. is insubstantial. nsent to arbitration
involving an additional person or entity s 11 not constitute
cunsent to arbitration of a dispute not describe' crcin or with
a person ur entity not named or described there . The fore-
going agreement to arbitrate and other agreements t . rbitrate
with an auditional person or entity duly consented to by ;lnies
to the Agreement shall be specifically enforceable under a Ii-
files a of demand for arbitration must assen in the
demand all Claim kno~...n to that party on which arbitra- ~
tion is permitted to be dem When a party fails to include
a Claim through oversight, inadverte excusable neglect,
or when a Claim has matured or been acquire e uently,
arbitrator or . shall be
entered upon it in accordance
final, an~ judgment m;;' be L.
. Ie law in any court .f:l\:""
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 subcomractors of a separate contractor.
5.1.2 A Sub-subcontractor is a person or entity who has a
direct or indirect contract with a Subcont~ctor 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) 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 entit)'. 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 propused 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 anyune to whom the Contractor has
made reasonable objection.
5.2.3 If the Owner or Architect has reasonable objection to a
person or emit)' proposed by the Contractor. the Comractor
shall propose another tu 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 he issued. However, no
increase in the Cuntract Sum shall be allowed for such change
unless the Contractor has acted promptly :Il1U 1"(:5pon5ivcl)" 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
reasonable objection to such change.
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5.3 SUBCONTRACTUAL RELATIONS
5.3.1 By appropriate agreement, written where legaJly required
for \'alidity, 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 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 \'<'ork 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 on the
site under Conditions of the Contract identical or substantially
similar to these including those portions related to insurance
and waiver uf 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 \X'hen separate contracts are awarded for different por-
tions of the Project or other construclion or operations on the
site, the term "Contrac[()r" 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, II
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 opemtions 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 constnlCtion 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 pany responsi-
ble therefor.
6.2.4 The Contractor shall promptly remedy damage wrong-
fully caused by the Contractor to completed or partially com-
pleted construction or to property of the Owner or separate
contractors as provided in Subp:tragraph 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 <i.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 ;ullong 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 O,,'ner may cle;m up and allocate the cost
among those responsible as the ArchiteCt determines to be just.
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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 invalidating the Contract, by
Change Order, Construction Change Directive or order for a
minor change in the \X'ork, 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, COlllractor 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 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 instrumelll prepared by the
Architect and signed by the Owner, COlllractor and Architect,
stating their agreement upon all of the following:
.1 a change in the Work:
.2 the amount of the adjustment in the COlllract Sum. if
any; and
.3 the extent of the adjustment in the COlllract Time. if
any.
7.2.2 ivlethocls 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 a change in the \Vork ;U1d stating a proposed basis for
adjustment. if any, in the Contract Sum or COlllract Time, or
both. The Owner may by Construction Change Directive.
withuut invalidating the COlllrJCt, order changes in the \X'ork
within the general scope of the 'Contract consisting of addi-
tions, deletions or other revisions. the COlllract Sum and Con-
tract Time hdng adjusted accordingly.
7.3.2 A Constructiun Change Directive shall be used in the
absence of tmal agreemelll un the terms of a Change Order.
7.3.3 If the Construction Change Directive provicles for an
acliustmelll tl) tht: CUlllract Sum, the adjustment sllall be based
on lllle l)f the follmving methods:
.1 mutual acceptance of a lump sum properly itemized
and supported hv sufficient substallliating data to per-
mit evaluation:
.2 unit prices stated in the COlllract Documents ur sub-
sequelllly agreed upon;
.3 cost to be determined in a manner agreed upon by
the parties and a mutually acceptable fixed or percelll-
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 COlllractor 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 prot1t. In such case, and also under
Clause 7,3.3.3, the COlllractor shall keep and present, in such
form as the Architect ma)' prescribe, an itemized accounting
together with appropriate supporting dma. Unless otherwise
provided in the Contract Documents, costs for the purpo,<;es of
this Subparagraph 7.3.6 sh.dl 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' ()r workmen's
compensation insurance:
.2 COStS of materi;tls, 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
\\fork: and
.5 ack1itional costs uf supervision and tkld office person-
nel directly attributable to the change.
7.3.7 Pending final determination of cost to the O\\'n\:r,
amounts not in dispute may be included in Applications for
Payment. The amount of credit to be alluwed by the Contrac-
tor to the Owner for a deletion ur change which results in a net
decrease in the COlllract Sum shall be actual n<.:[ cost as con-
firmed by the Architect. When both auditions and credits
covering related \'\'ork or suhstituti<-lIls are involved in a
change, the allowance fur overhead and profit shall he figured
on the basis of net increase. if any, with respect to that change.
7.3.8 If the Owner and COl1lr;lcror do not :Igree witl1 tile
adjusrment in Contract Time or the method fur uetcrmining it.
the adjustment or the method shall be referred to the Architect
fur determination.
7.3.9 When the O\vner and COl1lracllJr agree \vitl1 the deter-
rninatiun malk hv the Architect concerning the aujustmellls in
the C()ntract Sum' and Contract Time. or otherwioe reach agree-
ment upon thc adjustments, sucl1 agrecment shall be dfeClive
immediately and shall be recorded by preparatiun ami exeCu-
tion of an appropriate Change Order.
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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 nor 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
8.1 DEFINITIONS
8.1.1 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.
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 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. Dy 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 \'(rork shall not
be changed by the effective dare 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 \'V'ork to permit the timely filing of mortgages.
mechanic's liens and other security interests.
8.2.3 The Contractor shall proceed expeditiously \~.ith ade-
quate forces and shall achieve Substantial Completion within
the Contract Time.
8.3 DELAYS AND EXTENSIONS OF TIME
8.3.1 [f the Contractor is delayed at any lime in progress of the
\Vork by ;m act or neglect of tile Owner or Architect. or of an
employee of either, Dr of a separate Contractor employed by
the Owner. or by changes ordered in the \'\'ork, or by labor
disputes, tire. unusual del:!)' in deliveries. unavoiclable casualties
1)1' IJther causes beyond the Contractor's COntrol. or bv delav
authorized b)' the Owner pending arbitration. or b~ othe'r
causes which the Architect determines mav justify del~v then
the Contract Time shall he extended by Ch:lI1ge o'rcler l()~ such
re:lsonable time as the Architeer may determine.
8,3.2 Claims relating to time shall be made in accord;mce with
applicable provisions of Paragraph -t..').
8.3.3 This Paragraph 8.) dues not preclude recovery of c1am-
ages for delay b~' either party under other provisions of the
Ct)J1 traCt Documents.
ARTICLE 9
PAYMENTS 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 payabie by the
Owner to the Contractor for performance of the Work under
the Contract Documents.
9.2 SCHEDULE OF VALUES
9.2.1 Defore 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 accurac)' as the Architect
may require. This schedule, unless objected to by the Architect,
shali 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 \Xrork 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 shaH be made on account of materials and equipment
delivered and suitably stored at the site for subsequent incor-
poration in the \'V'ork. 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 bv
an Application for Payment will pass to the Owner no later than
Ihe time of payment. The Contractor further warrants that
upon submittal of an Application for Pa)'mt:nt all \\lurk for
which Certificates for Payment have been previously issued
and payments recei\'ed from the Owner shall, 10 the best of the
Contractor's knowledge. information anL! belkf. be free and
clear of liens, claims. st:curitv interests or encumbr;lI1ces in
favor of the Contractor. Subc;JI1tractors, matt:rial suppliers. or
Ulher persons or entities making a claim by reason of having
provided 1;lbor, materials ami equipmel1l relating to the \Vork.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Architect will. ~vithin seven da:'s after receipt of the
Contractor's Application for Pa\'ment. either issue to the
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Owner a Certificate for Payment, with a copy to the Contrac-
lOr, 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.
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 DocumeOls. 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 the Contrac-
tor has used money previously paid on account of the Contract
Sum.
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 pan 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 \X'ork cannot be com-
pleted for the unpaid balance of the Contract Sum;
.5 damage to the Owner or another contractor;
.6 reasonable evidence that [he \'\!ork 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 [he 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. Thc 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
sinlilar 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 docs not pay the Contractor within seven days after the
date established in the Contract Documents the amount cer- IU"J
tifled by the Architect I" ~",~rQ...r1 ?~. Mh;>r~';^n then the Con- r:~-I
tractor may. upon seven additional days' written notice to the iJa~
Owner and Architect, stop the \'(!ork 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 \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-
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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
;mother 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,
danlage 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 Documents shall commence on the date of Substantial
Completion of the Work or designated portion thereof unless
otherwise provided in the Certit1cate 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 Upun 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 completcd 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. I I 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, retain age if any, secu-
rity, maintenance, heat. utilities, danlage to the Work and insur-
ance, and have agreed in writing concerning the period for cor-
rection of the \'(Iork and commencement of 'Ivarranties
required by the Contract Documents. \'(Ihen 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 thc Work shall be determined by written agree-
ment between the Owner and Contractor or, if no agret:ment is
reached, by decision of the Architect.
9.9.2 Immediately prior to such partial OCCUp:U1CY or use, the
Owner. Contractor and Architect shall jointly inspect the area
to be occupied or portion of the \X'ork 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 acct:p-
tance of Work not complying ,vith the requirementS of the
Contract Documents.
9.10 FINAL COMPLETION AND FINAL PAYMENT
9.10.1 Upon receipt of .written notice that the \X'ork is ready
for final inspection and acccptance 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 knowlcdge,
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 remall1l11g retained
percentage shall become due until the Contractor submits to
the Architect (1) an affidavit that payrolls, bills fur materials and
equipment, and other indebtedness connected with tht: 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
shall refund to the Owner all money that the Owner may be
compellcd to pay in discharging such lien, including all costs
and reasonable attorneys' fees.
9.10.3 If, after Substantial Completion of the \Vork. final com-
pletion thereof is materially delayed through no fault of the
Contractor or by issuance of Change Orders affecting I1nal
completion, ;U1d the Architect so confirms, the Owner shall,
upon application by the Cont["actor and certification by the
Architect. and without terminating the Contract, make payment
of the balance due for that portion of the Work fully completed
and accepteli. If the remaining balancc for \\lork 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 \X'ork fully completed and ;lcceptecl shaH be submit-
ted by the Contractor to the Architect prior to certification of
such payment. Such paymcnt shall be made under terms and
conditions governing final payment. except that it shaH not
constitute a ~'aiver of claims. The making of I1nal payment shaH
constitute a waiver of claims by the Owner as provided in Sub-
paragraph '~.3.5.
9.10.4 Acceptance of final payment by the Contractor. a Sub-
contractor or material supplier shall constitute a ,,'aiver 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 ARCHITECTS. 1755 NEW YORK AVENUE. N.W.. \\'ASHINGTON. D.c:. w()o6
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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 \X'ork 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 (P:';B)
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 nOI been demanded, or by arbitration under
Article 4.
10.1.3 The Contractor shall not be required pursuant to Article
7 to perform 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 harmless 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 \X/ork itself) including loss of use resulting
therefrom, but only to the extent caused in whole or in pan by
negligent acts or omissions of the Owner, anyone directly or
indirectly employed by the Owner or anyone for whose :1cts
the Owner may be liable. regardless of whether or not Stich
claim. d:1mage. loss or expense is caused in pan by a party
indemnit1ed hereunder. Such obligation shall not be construed
to negate. abridge. or reuuce other rights or obligations uf
indemnity which would utherwise exist as to a pany or person
described in this Subparagr:1ph 10.] .~.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor shall take reasonable precautions for
safetv 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 ai1d materials and equipment to be incorpo-
rated therein. whether in storage on or off the site.
uncler care. custody or control of the Contractor or
the COI1lracro(s SuIJcoI1lractors or Sub-subcoI1lrac-
tors; and
.3 nther property at the site or adjacent thereto, such as
trees, shrubs, l:1wns, walks, pavements, roadways,
structures ;mcl utilities not designated for remova!, relo-
cation or repiacemem in the course of constnlction.
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 p'roperly
qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss
(other than damage or loss insured under property insurance
required by the Contract Documems) to property referred to in
Clauses 10.2.1.2 :1nd 10.2. 1.3 caused in whole or in pan by the
Contr:1ctor, a Subcontractor. a Sub-subcontractor, or anyone
directly or indirectly employed by ;my 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
dam:1ge 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
ComraclOr. The foregoing obligations of the Contractor are in
addition to the Contractor's obligations under Paragraph :U 8.
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 clamage, injury or loss. Additional compensa-
tion or extension of time claimed by the Contractor on account
uf 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 :1nd maintain in a
company or companies lawfully authorized to do business in
the jurisdiction in which lhe Project is located such insurance as
will protecI the Contractor from claims set forth below which
may arise out of or result from the Contractor's operations
under the Contract :1nd for which the Contractor may be legally
li:1ble, whether such operations be by the Contractor ur by a
Subcontractor or by anyone directl\' 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 henetit and other simil;u employee bendit acts
which ;m: applicable to the Work to be performed;
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIA~' . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW.. WASHINGTON. D.C. 20006
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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 coyerage 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 ;U1other 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 because 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 involying 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 fmal 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 II .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. Inform:ltion
concerning reduction of coverage shall be furnished by the
Contractor with reasonable promptness in accord;mce with the
Contractor's information and belief.
Owner shall be responsible for purchasing and
maintaining t wner's usual liability insurance. Optionally.
~the Owner may purc d maintain other insurance for self-
rotection against claims VI' may :lrise from operations
nder the Contract. The Contracto I not be responsible
/ror purchasing and maintaining this option wner's liability
insurance unless specifically required by t 1 ontract
11.3 PROPERTY INS~~C~
~)11.3.11lnl@fJD I'ltRen'"iGi! firs ises. th~ g" nil" shall purchase
~L.-?nd maintain. in a company or companies lawfully authorized
M~ to do business in the jurisdiction in which the Project is
l){II located. property insurance in the amount of the initial Con-
tract Sum as VI'ell as subsequent modifications thereto for the
entire \\:ork 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 othenvise agreed in writing by all persons ;md entities who
are beneficiaries of such insurance, until nnal payment has been
made as provided in Paragraph 9.1 {J 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. malicious 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 ~
the Work. The Contra may then effect insurance which will
protect the interests of the tractOr, Subcontractors and Sub-
1/1/ _
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 on-
bles ch deductibles are identified in the Contract Docu-
ments, the ractor shall pay costs not covered because of
such deductibJes. Owner or insurer increases the required ci
minimum deductibles a the amounts so identified or if the
Owner elects to purchase this I rance with voluntary deduc- :/\, (j;>
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.; t"_ ~""
11.3.2 B~lIer and Machinery Insurance. ~:-' C'c'nw 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-
subcontra,ctors in the Work, and the Owner and Contractor
shall be named 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 OVl'ner against loss of use of the Owner's property
due to fire or other hazards. however caused. Thtl g''"l1lir
.....ui "ijD nU rigl~ts c'f B€rj9R 'lgw.ir;;t!t th~ (nqtr.l/.,r.r (r..... lAC'," rd lie",".
1][ thg Q",:,""I:jQr'& ~rC1p@rr:'. in~I'I-::I:'18 "~"'C""'''I"''''Hi,,1 I""C"C"'''L" rtllP ~)
Me ,...r Gebel hHtar8.S h~l~'Q"qr '~';"':"i"~.
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 1C1 the cost thereof
shall be charged to the Contractor by appro l1ange
20 A201-1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOH CONSTRUCTION. FOURTEENTH EDITION
AlA'" . @1987 THE A/'olER1CAN INSTITUTE OF ARCHITECTS. 17jS NEW YORK ;\VENUE. N.\VI.. WASHINGTON, D.C. 20IJ06
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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 than those insuring th Proj-
ect d ring the construction period, the Owner shall 'IV 've all
rights accordance with the terms of Subparagraph 1 .3.7 for
danlag caused by fire or other perils covered by thi separate
propert} insurance. All separate policies shall pr vide this
walver 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 IIcy 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 (I) 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' to the extent covered by
property insurance obtain d pursu t to this Paragraph 11.3 or
Other property insurance a plica e to the Work, except such
rights as they have to proc ds such insurance held by the
J'VOwner as fiduciary. The Ower or Contractor, as appropriate,
f.0~ 'f shall require of the Architect, chitect's consultants, separate
\7\J contractors described in Artic 6. if any, and the subcontrac-
tors, sub-subcontractors, age s d employees of any of them,
by appropriate agreements. 'rit n where legally required for
validity, similar waivers ea 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 otl (wise have duty of indemnification,
contractual or otherwi e. did not pay the insurance premium
directly or indirectly, nd whether or I t the person or entity
had an insurable il1lc est in the propert 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 eir interests may
appear. subject 0 requirements of any ap icable mortgagee
clause and of S bparagraph II J.I O. The Co tractor shall pay
Subcontractor their just shares of insurance p ceeds received
by the Cont .1CWr. and by appropriate agree ncnts, written
where legall rcquired for validity, shall require bcontractors
to makc ymellts to their Sub-subcontracto s in similar
m;mncr.
11.3.9 If required in writing by a party in intcrest,
as fidu ary sh:tll. upon occurrence of an insured ss, give
bond f r proper performance of the Owner's duties. he cost
of re ired bonds shall be charged against proceeds rec i\'cd as
tkluc' ry. The Owner shall deposit in a Sepal~lte accou t pro-
cee so receivecJ, which the Owner shall distribute in ccor-
dal 'e with such agreement as the parties in interest may r ach.
or 111 accordance with an arbitration award in which case the
p ocedure shall be as provided in Paragraph 4.5. If after 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 [lJo;R gl?j''',\;Qq ~e
,V"vlrip 'lrhitr'ltl'""\rc ch'lll hIP rhncpn 'lC rrnvirlpr! in P"lr"lgr"lrh Ll 5 ~
-':Ri Q'J'IHlr R& Hau€iar::' &\;)all, iR that €Q!;@, FflRI's &sttlsFflsRt Ii'im ur) _
1t1i:wr@cG iR a~~9rgaA(8 ~7'i(h air86:ti9HS 8f sldeh tUeitr8tsn: If I ~ ~
"'GtriBY[iG~ gf ipf"rLH;I~~ prQ'~~e,1ti h~, 'lrhitr'1t'Q" if r"'ll,irpt1, ~ "
t-Q~''1''bitr:H')rf "'ill Q;r~~t [tl~h ~:ft..i?'tt;<:'....
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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 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 'fk@ 0, Rer DR all Rtl'.s tRS rigRt tlO rV€jYir~ Contrac/'".
2)~ furnish bonds covering faithful performance of the Con-
tract and payment of obligations arising thereunder as ~
IRleel iR l3ieleliRg r8EjlOir8FflsRtB er &f.l8€iu>:Iul:' fW"Iuirw? iR thu
~€t J;)e'A1~t[ S~8 gRtll sf ;rewtisA sf tRIl (;SRtrggt.
""f"C ..~ ic &-.>.
11.4. Upon the re~uest of anJ person or entity appearing to
be a potential beneficiary of bonds covering payment of obliga-
tions arising under 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, jf 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 becn covered which the
Architect has not specifically requested to observe prior to its
being covered, tile Architect may request to see such Work and
it shall be uncovered by the Contractor. If such Work is in
accordance with the Contract Documents. costs of uncover-
ing and replacement shall, by appropriate Change Order, be
charged to tlJe Owner. If such Work is not in accordance with
the Contract Documents, the Contractor shall pay such costs
unless the condition was caused I)y the Owner or a separate
contractor in whicll event the Owner shall b<.: responsible for
payment of such COSts.
12.2 CORRECTION OF WORK
12.2.1 The ContractOr shall rromptl~' correct \\lnrk rejected
by the Architect or failing to conform tu the requirements of
the Contract Documents, whether observcu bdore or after
Substantial Completion and I;vhether or not fabricated, installed
or completed. 1'11<.: Contractor shall bear costs of correcting
such rejected \,\iork, including additional t<.:sting and insrec-
tions anu compensation for the Architect's services and
expenses made necessary thereby.
12.2.2 If. within one year after tile date of Substantial Comple-
tion of the Work or designated portion thereof. or after the u~te
AlA DOCUMENT A201 . GENERAl. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA ~ . @ 19H7 THE A~IERICAN INSTlTl ITE OF ARCHITECTS, 17.\5 NEW YORK AVENUE, N.W., \VASHtNGTON, D.G. 2111)O()
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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 Documems, 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
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. The 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 accordance with the requirementSl
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 not 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 d;unages 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 borne, the
Contract Sum shall be reduced by the deficiency. If payments
then or thereafter due the Contractor are nOt sufficient to cover
such ;unount, the Contractor shall pay the difference to the
Owner.
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 \Vork
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 respecr to orher
obligations which the Contractor might have under the Con-
tract Documents. Establishment of the time period of one year
a..~ described in Subpamgraph 12.2.2 relares 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 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 \\lork.
12.3 ACCEPTANCE OF NONCONFORMING WORK
12.3.1 If the Owner prefers to accept Work which i:; not in
accordance with the requirements of rhe Contract Documents,
the Owner may do so inslead of requiring its removal and cor-
rection. in -;\'hich case the Contract Sum will he reduced as
appropriale and equitable. Such adjustment shall be effected
whether or not tlnal payment has been made.
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be governed by the law 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 wirhout 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 shaH 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 pany 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 ;U1d not a limitation of duties. obligations, rights and
remedies otherwise imposed or :lvail:lble by bw.
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
\X/ark required by the Contract DocuIl1ent,~ 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 :lrrangcments 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 hear all related costs of
tests, inspections and approvals. The Contractor shall give rhe
Architect timely notice of when ;lI1d whnc tests and inspec-
tions are to be made so the Architect may ohserve such proce-
dures. The Owner shall hear costs of tests, inspections or
approvals which lio not become requirements until after bids
are receivl:d or negotiations concluded.
13.5.2 If the Architect, Owner or puhlic authorities having
iurisdiction determine that portions of the Work require addi.
tional testing. inspection or approval not included under Suh-
paragraph 13.5. I, 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
accept;lble to the Owner, and the Contractor shall give tilllel~'
notice to the Architecr of when ane! where tests and inspections
are to be made so the Architect may observe such procedures.
22
A201-1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AlA'!' . @ I \JH7 THE A~IERICAN INSTITUTE OF ARCHITECTS, 17.\5 NEW YORK AVENUE. N.W., WASHINGTON. D.c. 2111106
-x-:-. c:) to
:,
The O";l.'nc:r sh:l1l he2r ~Ilch co.tS e:-;"ept ;u provided In Sub.
puagr:lph 13.5.3.
13.5.3 If suct1 pl'O<."edllro lor resrlng. iMpccuon or :IPPrQV;u
under SlIbparnl!:r.lphs 13.5.1 :mrl 135.2 reveal I'ailucc oC till:
portll;ms ~,f the Work to compl}' "'ith rcquiremcn~ est;lblishc:d
by the Contact Documents, th~ Contr:lctor 5h2.ll ~ :Ill COSIS
made ne(e~ar.v by suell f2i1w-e: inducting those: of repeated
proccdures and ~'1)mpe~tlon for the ArchiteCl's sc:rvices ;\l1d
e:::-:pcnso.
13.5.4 Required certificate of testing, inspection or :lpprov:u
sh.all. unlcS5 otherwl~e required b~' the Co",,,,,,;, Oucumcnts. t><<!
~Ctlreu by the Contr:lctor md promptly dcU\'cleQ to ll\e
~dlh~~ .
13.5.5 If the Arl:hlr~~'t is 10 observe te:;IS. inspections or
;J.prrov:lIS required by the CanU':lct OccumenLS. the Arl.'hil&:l
will do ~ promptly :and, ~here pr.lc:lcablc. ;1[ U1C normal place::
llf tOtillg
13.5.6 TCSLJ or illSp<<;t:tions conducted purs~m to the Con.
It"JCt [Xx'1.m1ents sh:lil be: made promplly to a"oid unrearon~ble
delay In the Work.
13.6 lNTt!ResT
13.6,1 paymenu due and unp:1ld ~'Ilder the Contr.lct Docu.
:m:nrs shaU tx::u- intcreSl from rhe d:llt! P~Yl'lll:nt is duc ~r such
rill" iI3 IMC p~rtlcs mOlY :rgree upvn in wriCing or. ill the :Ib~el!
thereof. Jlllle leg;!J rJte prev;tiJing from IImc ta rune:1! the I'I:lce
whe::re the Proic<:t J.~ loC;lCcd.
13.7 COMMENCEMENT OF STATUTORY
L.IM/TATlON peAloo
13.7.1 ,,_~ het""'el:n the:: Owncr and Conrr:lCI~)r:
.1 Before Su~tantlal Completion. A.~ 10 ans or t'ailurcs
;0 act occurrfng prior 10 the ~Ie"ant c1ate or Sub$t:.ll\'
ti:ll COlllpletion. any ~pplkahle St:ll\lle of Iimit~ljons
~h:UJ '-'QffiIncnc:c 10 run 'lll.:1 any :llIc:gco "'lOC of 011.1101\
~11;!!1 be deemed to h:we OlCCl'\led in :.my =d 0111 cvenl$
""l Imc! than such clale of $lIb~lal1liaJ Cumpletlon:
.2 Between Sub8tBntl1l1 Completlon and Final Certifi-
cate for Paymllnt. ~ 10 ;jCIS Of fJjJur~ III :ll'l occur.
n'1g ~lIb.seque:nr to the relevant d.:Ir" of ~ubslallli:ll
Completion :lnd pTk1r tQ issuancc of the ll.n;&J CaWi.
l:JI~ fur P-.Iylllt:lll. an)' appUoole S~tUI~ of Hmi[~rll)n5
,hall ctlmmencc to run :.nd :lny alh;flcd C:lllSe 1)(
:lCl iun sh:.1U ~ Ikonw 10 have: :Iccrucd in all)' :Jnd :411
eVents i\"t late:r chan tile: d.IlC ur L"'~U'\"l:e ur rhc tinOl!
CcniOc;\lc I.,r P:lymellt: Jncl
.3 Arter Flnsl Certificate tor Payment. ...~ to ;lCU or
faiJur<.'! 10 :It:t lll:currlllll :lite:! the relev~nt due ur ~'\I.
;"'I:e 1)1" the fin:d CcrtifiC'.Itc flJr PJym~lll, :uw ~ppli.
(:Jblc SI:HUfl! o>f limit:uilms sh:4ll <:IJmmC"I1CC to run ;lnd
an r a11t:/tet.! ~~\u.'e .)f .\I:Utln ~hall he d...c:nl<!d 10 h:1vc:
ac~-nlecl in :In)' aruJ :111 evel1tS l\l)ll,uer than the ll;lte: uf
:my act nt'failure ll.l aCI h~' the C;(JIltr.lctcJr pursu:mllO
:U\~' "'~lrr.llltr pnwidc:d umlef P:U-Jgr-.lph 3.5. Ih" <J;lt!:'
.)f ;\n" cnrret.:tioll of lhe \'!Illrk ur failule tn correct tile
\';'llTk by chc CIlI1tl"JClor under I"Jr.1&fJph 1 ;!.2. <lr the
wtc or :u.,1J,;IJ cummwhm Ur:.!flY <llh". :tel 'lr f3i1urc:
tll pcrll)fm :my I..IUty lIr LJtJlii!Jtion by fh~ CI,nll';lCtl.or
Ot O"'ne:r. whidlc\'cr occurs USI.
'<.)0 00-.) ~30b
P.03/04
ARTiClE 14
TERMINA lION OR SUSPENSION
OF TH15 CONTRACT
14.1 TErlMINA TION BY THE CONTRACTOR
14.1.1 The Con rr-JCIOr may trnnl!l2le the COnl1'2Ct if the 'Worle
Is SlOpped for a perIod or ;0 d2}'! through no act or f:lult oJf the:
Contr'JCtor or :I SubcontrJctur. Sub-subconu".etul or their
agents or employees Or any other J1l:csons performing portions
of the: Work under COntr;tCt WIth the Conl"'JCtoc, (or any o( cllt
(OllO.....lng rnsum:
.1 issumce of:1l'l order of:l eoure or other pubUc authof-
ily having jw-i.sdlctlon;
.2 an act of govemmem, such ~ ;l declaration ar national
emergel\CY. m:lldng m..tr:riaJ unav:1J.l.:Jble; .
~ h..........._ tk... f,.....I..:r_f~t ~..., ...,... ifr".i......l .... r.rr:n,_PllO 7
..0...1'.....1..... ~...? l-...r -.," ~9JHJila. .1.... ~.........~~"'r -.1 t~..
;?f~t~~:::'~:~~~~ ;;:~;.,:; 'f" ~
.Lb\1';"1t' .'1U.4 'q tA' C9nlB1l1 SlIeWII,;.;....
.4 if repC:!ted suspensions, del2)'5 or incerruplion.~ by the
Owner ;[$ de.5cribed in P2rJgrJph )'i.3 constitute In
the :lggrc:g:ltc more rhan 1 00 ~reenr or lhe toul,lum-
ber of days scheduled for completion. or t20 Ua>'S in
~ny ~G5'day pcriou. whichever is less; or
.5 the: Own<:"! h2.5 (:zJJed to fumtsl1 to the Cuntl".:rClor
promptly. upon the Contr:ICtor's rcquat, te:L.~n:lbJe
e:vidr:ncc as tequire(! by Subparagraph 2.2.1.
14,1.2 If one of the above rO;::I!()N <.'Xisrs. the Ccmrr.lctur m:lY.
upon ~v(!n JdcUeiol'\:ll days' Il'ntten notice 10 the Owner and
Archltel."l. terminale the ComrJCt 2nd reeavtI from lhe Owner
pnyme:nt for \Vurk exeemed ..nd rur pruven In$~ <Yilh lespect
to lrulteri:lls. e:qulpmclll, tor,Is. :lIld constructian equipment ()Cc. IV J .k.;.
~~h:ne~:C:;;"~;;~e"=~~~d'P~a.clofi ~ IV
me .,
14.1.3 It the WC>tK ;~ ..t.)pv<=tl fm:.t rt:rklQ lIf 00 ua)'.~ lhmugh
ml oct or {:lult t)t' :hc CuntI:l.ctllr IJf ;. Subcontr-JCtllr IIr their
agtnt.5 or r:mploreo:::; or ilIlr ,Hiler pe();l.In~ performlnll ptJftilJl'~
{If the Wl.lrk ulluer cumrace ""lIh the Cllntr:ll10r becaUSe the
Owner h:<.~ pcr.si.ste:ntl~. (:tiled I" f\l1l1lJ th.: Ownr:r'~ "bli!f.ltlons
under the Contra<., DOClJl)lenL' with r~'liI)L'C'I ell Ill;IttefS Iml'lllr.
mnl tu the pt"ugr~q (It' the: \Vllrk, the Contractur 11'1"01)'. UpOIl
seren auUitiOn:l1 c1av~' wrlt[en nOlicc tll [he Ownc:r amJ the
Arcl1IlCCI. rccmln;J.tc 'lhe Cl.ln'r.,ct ~.n() rt~c..v~.... r"'nl the O""llcr
:IS providL'\J III 5ubpar"gr:Jpll h.1.2.
14.2 TERMINATION BY THIl OWNEFI FOA CAUSE
14.2.1 The o "")I:'r m~l' lern,jn;lte the Comt'oI<:t if the
CUnll':lChlr:
.1 J1er~i~ccnllr '.Ir repolr:t.lJy refuse:. Dr foliJs to ~uppl~
cnolll(h pro perl" ~killetl wIJrkcl':'i IJt pmnc:r m:n<:rials;
,2 f.1iL~ 1., m:lkc p3ymern I" fiUl)cll,)tr;ICltlll' fllr m;ltcri<ll,
or !:tbclr In :tccorU:\I'1t:l:' with the:: ro;pecIlvc: aWeemCl\L~
))elw<."I:11 the Conlr;lctm :rnd thl: SlIhc:lllll..ILt'JI1i:
,3 pcrsL'itcntly tA'!r:I!;lM hJw~. 1l1\lil\:tI\~'l:S. or rl.lk~. re:}:'
uhititm.'i ur urt.Jcn; lit :l pul'!lic.: ;lUlhorirr h:ll'inl( juri,.
dicthm: ur .
.4 llthcn...J,c l'i gUllIY of SUhSI:lllli,1I hrL"oIch lit" 01 p",vi~i17n
ut' llle COlllr~l:t Dllcuments.
14.2.2 When :U1Y LI( me ~btl"c rt':l.>;lll\.'i CXL'I, ehe OWner. upon
...enll.....:lliun hy the Art:hiler:r thm sumclI:m ~";lu.w l'xi~t.' tll Ius.
AlA l)QC1JMEHT .u01 . '''iNEMl. (,,'ONDITIONS Of THE C:ONTMCT FOil t.:ONSTlIUc:TlON' flJ~IRTP.P.NTH EOlrlON
.\1..... . ~ I \Ill' THE 4Ml:ltIO.N INSTITlITe OF ARCHITECT,;, 17.\' NEW YORio: AV"J'lLI~, N."".. ,...."", II NU.,.ON. D..:. .:,""'"
A201.1987
23
1/. .., , ,
,.: ..,
.
'. .
.~~
"'":.t
:.
tlfy such action, may without prejudice to any other tights or
remedles 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
pr~or rights of the surety:
.1 take possession of the site and of all materials, equip. .
ment, tools, and construction equlpment'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 expedlent.
14.2.3 When the Owner terniJnates 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
flnJshed. . I
14.2.4 If the unpaid balance of the Contract Sum exceeds costs
of finishlng the Work; Includlng compensation for the Archie
teet'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 temlina-
tlon of the Contraq. . .
14.3 SUSPENSION BY THE OWNER
FOR CONVENIENCE
14.3.1 The Owner may; without cause, o.rder the Contractor In
writing to suspend, delay or interrupt the Work in whole or In
part for S4ch 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, Irlcludlng,profif on the increaSed
cost of performance, .caused by su~penslo~, delay orlnterrup-
tlon: No adjustment shall be made to'theextent:
.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 Agre~mentis 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 bre.ach thereot: shall be decided.in the Superior Court of Richmond County, Georgia. The Contractor, by
executing this Agreement, Specifically consents to jurisdiction andvCmue in Richmond County and waives any right to
contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia.
, .
,
. .
NotwithStaiJ.ding 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 AcqO.C.G.A' ~ 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.
All reference to AIA Document A201-1987 in the Standard Forni of Agreement Between Owner and Contractor shall
reference only this amended and attached version.
The ontractor evidenced by his below signature assents to the hereinabove modifications, del!::tions, and/or amendments to
thi d cume t.
2- 1'"3 --':<r;o"
Date
. Contractor
;'
.-
.
THE AMERICAN INSTITUTE OF ARCHITECTS
.
Bond No.6183489
A/A Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Continental Construction Company, Inc.
P.O. Box 204198
Augusta, GA 30917
OWNER (Name and Address):
SURETY (Name and Principal Place of Business):
Safeco Insurance Company of America
Safeco Plaza .
Seattle, WA 98185
Augusta, Ga. a political subdivision of the State of Ga.
Room 801, Municipal Building, 530 Green Street
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date: December 3, 2002
Amount: ($ 1,302,341.00 ) One Million Three Hundred Two Thousand Three Hundred Forty One Dollars and 00/100
Description (Name and Location): Fire Station No.8, Highland Avenue, Augusta, GA
BOND
Date (Not earlier than Construction Contract Date): January 20, 2003
Amount: ($1,302,341.00 ) One Million Three Hundred Two Thousand Three Hundred Forty One Dollars and 00/100
Modifications to this Bond: ~ None 0 See Page 3
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Continen"'l f7J'I"lft.ion;!1!!!I!!JI1.Y' Inc. _
Signature: ~l..~
Nam~ and "riti~: . Richard L. Horton,
. ',.President
,
(Any adc!it1onal signatures appear on page 3)
(F(:5R '/NFORMA T/0N ONL Y-Name, Address and Telephone)
SURETY
Company: (Corporate Seal)
s.afeco Insur~ America~
Signature: J).
Name and Title: Duainette H. Cullum .
Attorney-in-Fact
OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
Virgo Gambill Architects
2531 Center West Parkway, Suite 200
Augusta, GA 30909
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA ~
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON. D.C. 20006
THIRD PRINTINC . MARCH 1987
A312-1984 1
~,
.
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
provided 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 Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to 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 de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 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 accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 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 Construc-
tion Contract itself, through its agents or through inde-
pendent 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 Con-
struction Contract, arrange for a contract to be pre-
pared 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 ex-
cess 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 deter-
mined, 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 anv
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 Ovmer.
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 Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting 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 dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account 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, includ.
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
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 oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AlA DOCUMENT A312 . PERFORMANCE BONO AND PAYMENT BONO. DECEMBER 1984 EO. . AlA ;!.
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W.. WASHINGTON, D.C. 20006
THIRD PRINTlNC . MARCH 1987
A312.1984 2
able 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 sig-
nature 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 con-
forming 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 Con-
MODifICATIONS TO THIS BOND ARE AS fOLLOWS:
tractor 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, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto. .
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to .per-
form 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 Con-
tractor 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
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA DOCUMENT 1.312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 19&4 ED. . AlA ~
THE MIERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006
THIRD PRINTINC . MARCH 1987
A312.1984 3
"
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 6183489
AlA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
SURETY (Name and Principal Place of Business):
Safeco Insurance Company of America
Safeco Plaza
Seattle, WA 98185
Continental Construction Company, Inc.
P.O. Box 204198
Augusta, GA 30917
OWNER (Name and Address):
Augusta, Ga. a political subdivision of the State of Ga.
Room 801, Municipal Building, 530 Green Street
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date: December 3,2002
Amount: ($1,302,341.00 ) One Million Three Hundred Two Thousand Three Hundred Forty One Dollars and 00/100
Description (Name and location): Fire Station No.8, Highland Avenue, Augusta, GA
BOND
Date (Not earlier than Construction Contract Date): January 20, 2003
Amou nt: ($ 1,302,341.00 ) One Million Three Hundred Two Thousand Three Hundred Forty One Dollars and 00/100
Modifications to this Bond: KI None 0 See Page 6
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
~ontinen~al ctJ...r Sf "9lion gJnpa!J.Y' Inc.
. SIgnature: --!tfJ.(-K... ~ --
. Name and Titl~: Richard L. Horton,
~ ~ ~ President
~Any additionaf ~ignatures appear on page 6)
...... ,~ ~' -
SURETY
Company: (Corporate Sea/)
Safeco Insur~~ ComRany of America (\ n n
Signature: ~f'\Ittv 11 ~
Name and Title: Duainette H. Cullum
Attorney-in-Fact .,
(F-OR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
Virgo Gambill Architects
2531 Center West Parkway, Suite 200
Augusta, GA 30909
BBT-Boyle Vaughn Insurance
P.O. Box 8628
Columbia, SC 29202
803-748-0100
AlA DOCUMENT 4312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 EO. . AlA ~
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312.1984 4
.,'
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 perfor-
mance of the Construction Contract, which is incorpo-
rated 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 fur-
nished 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.
3 With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay-
ment, 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 Con-
tractor 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 no-
tice 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 the
Owner to the Contractor or to the Surety, that is suffi-
cient 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 aTe 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 perfor-
mance 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 prior-
ity 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 unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations 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 juris-
diction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last mate-
rials or equipment were furnished by anyone under the Con-
struction 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 here from and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
AlA DOCUMENT A312. PERFORM^NCE BOND ^ND P^YMENT BOND' DECEMBER 1984 ED.' ^1^30
THE AMERIC^N INSTITUTE OF ^RCHITECTS. 173S NEW YORK ^VE.. NW.. W^SHINCTON. D.C. 20006
THIRD PRINTlNC . M^RCH 1987
A312-1984 5
"
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 orwith a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS fOLLOWS:
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 agreemen t between
the Owner and the Contractor identified on the sig-
nature 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 Con-
tractor 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
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA DOCUMENT A312 . PERfORMANCE BOND AND PAYMENT BOND. DECEMBER 1934 ED. . AlA ~
THE AMERICAN INSTITUTE Of ARCHlTECl'S. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING · MARCH 1987
A312.1984 6
/.
FiJ S A FEe 0-
POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFE CO PLAZA
SEATTLE, WASHINGTON 98185
No. 6744
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoint
.....FRANK W. HAFNER, JR.; JANE MCCOY; CAROLYN D. OWENS; ALFRED T. JOHNSON; DELLA B. CASE; ROBERT J. LA VISKY; DUAINETIE H. CULLUM;
Columbia, South Carolina............."......................."'...... ..........................................................................................
its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 2nd
day of August
, 2000
~d.1:?~
~ fW.JL~
R.A. PIERSON, SECRETARY
W. RANDALL STODDARD, PRESIDENT
CERllFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer In charge of surety operations, shall each have authority to appoint indMduals as attorneys-In-fact or under other appropriate titles with authority to
exearte on behalf of the company fidelity and surety bonds and other docurnents of similar character issued by the company In the course of its business... On any
instrument making or evidencing such appoinbnent, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal. or a facsimile thereof. may be impressed or affixed or In any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certlflcate executed by the Secretary or an assistant seaetary of the Company setting out,
(I) The provisions of Article V. Section 13 of the By-Laws, and
~i) A copy of the power..of-attomey appointment, executed pursuant thereto, and
~il) Certifying that said power..of-atlomey appointment Is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof..
I, RA Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the
foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey Issued pursuant thereto, are true and
correct, and that both the By-Laws, the Resolution and the Power of Attorney are still In full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
20th
day of
January
2003
this
~d-2?~
R.A. PIERSON, SECRETARY
S-0974/SAEF 7/98
@ Registered trademark of SAFECO Corporation.
812/00 PDF
..
"
FEB-10-2003 11:16
CONT CONST CO
. 706 863 0306
P.02/02
A l,;UI'( UN l,t:1"( Ilrl\"A I ~ U~ LII-\DILII , II" i) U 1'U-\1" '"' I:. I 01/14/2003
f'AODUeeR (706)650-6000 FAX (706)650 6001 THIS CERTIFICATE IS ISSUED AS A MA ,I:I'< ur~NFORMATJON
Blanchard 6 Calhoun Ins Agency, Inc. ONl.Y AND CONFERS NO RIGHTS UPON "mE CERTIFICATE ....
HOLbER. THIS ceftTIFlCAlE DOES NOT AMI!ND. EXTEND OR
P 0 Bo" llZ3S9 AI. TeR THe COVERAGE AFFORDED f!lY THE POLICIES BELOW.
Augusta, GA 30911-2359 INSURERS AFFORDING COVERAGE
INSURED Cont"i nenta J Canst F'uttion CO. 1N$1)Rl!R A: Cincinnati Insurance Company
Po Box 204198 INSUReR B: American Interstate
Augusta. GA 30917-4198 IHSuReA c:
INSURER 0:
I INSURIiR Ii:
COVERAGES
THE POUQES OF INSUAANCe LISTED BB..OW HAVE BEEN Issueo TO THE INSURED NAMED ABOVE FOR TI-lE POUCY PERIOD INDICATED. NOlWlTH5TANOING
ANY REQUIREMI>NT, TERM OR CONDITlON OF IWY CONTRACT OR Ol'HER DOCUMENT WITH P.ES?ECT TO WHIQi THIS CERTIFICATE MA', BE ISSUED OR
MA Y ~e.RT A1N, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN 16 Sl,JBJECTTO ALL lHE TERMS, EXCLUSIONS AND CONOmoNS OF SUCH
~OlIC1ES, AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO ClA'~S.
~f: 'l'Yf'E OF INSURANCE POUCY NUMBER PJ)lJCY EFFEGTI\fI; f'QI.JI;y I!XPIRATlON UMlTS
GENERAL LIABILITY CPP55244~5AWR 02/01/2003 02/01/2005 EACH OCCuRRJ:NCE $ 1 000,00
X COMMERCIAL GENERAL LIABILITY FI~ DAMAGE (Any one r~e) & 500,OO(]
- -1 CLAIMS MADE 00 OCCUR MEillIiXP (AllY ona oen;onJ S S,OO()
A pERSONAL &. PIN INJURY S 1,000,00
---"
......; GENEflAL AGGREGATE S
GEN'l. AGGREn LIMn- AFM PER: PRODuCTS - COMPIOP AGG $ 1,000,00
I POLICY !:8T toe
AUTOMOBILE UABlLlTY CPPS524455 02/01/2002 02/01/2005 COMBINED SINGLE LIMn-
X ANY Au10 (E9llCC1OenlJ S l,OOO,DO(]
-
A1.L OWNED AUTOS DODIL Y IlUJRV
- S
SCHEDUL~O AUTOS IPer _n)
A -
- H~.D AUTOS BODILY IIIUVRY
\"'" aCCIdent) S
NON.QWNEO AUraS
-
P~f"ER1Y tlALlAGE $
(Per aooldent)
GARAGE LlABIlJ1'Y AUTO O<<L Y . EA ACCIDENT S
==1 ANY AuTO OTHER 'ftiAlll EA ACe 5
AUTO ON\. Y; AGG 5
EXC E55 ~lAelLITY ~CC439272S 02/01/2002 02/01/2005 EACH OCCURl'lf:NCE & 5 000.000
:!locCUR 0 CLAJMS MACE AGGRIiGATl< S 5 000,000
A s
::;:j OEDUCTIBLS S
X RETENTlON 5 C $
WORK!1f(S COMPENSATION AND AVWCGAl064702002 01/01/2003 01/01/2004 X hORY L1MrrS I I"'G
EIIlPLOYERS' LIA81UTY Ii,L. IiACH ACCIDENT $ 1,000,00,
B E.L lJlSI!ASE . SA I!MPLOYI!!! S 1,000.00
E.L DISeI\5E - FOLlCY LIMn- s 1.000,00
~fbERS RISK - ALL PP55244S5AWR 02/01/2002 02/01/2005 $5,000.000 UMrr
A RISk $1,ooD DEDUCTIBLE
DESCRIPTION 01' 01'I'.flATIONSIlOCATlONSNEHlCL.ESI!!XCLUSIOHS AOD~ BY EKDDR5E1o!ENTISPSCIAL PROVISION&
CERTIFICATE HOLDER I I ADOI'1ll>>W. IN&URGD; INSlIRER LETTE\'(: CANCELLATION
SHOU~P AN'( OF T~E ABOVE DESCRIBED POLICIES liB CANr::e..LED BEFORE TIiE
EXPIRAT10N DATE TllEREOF, THS ISSl.lIJoIG COMPANY WILL ENDEAVOR TO hW~
~ DAYS WAlTTEN NOTlC!! TO THE! CElRTlPlCATE HOLDER NMIJOD TO THE LEFT,
'. BUT FAlLlJRf TO MAIL SUCH WD11CE SHALL 1MI'0&e NO OBUGATlON OR LIAIlILITY
OF AN'( KIND uPON THri COMPANY. rrs AGENTS OR REPRESENTATIVe$.
AUTIfOIUlEO REPREBEKTA1'1VG
Preston Moss/MMl <... -~
ACORD 25-8 7/97 @ACORD CORPORATION 1988
TOTAL P. 02
2
;;
FEB-1121-212103 13:1216
CONT CONST CO
71216 863 121306
P.12I2/11
THECINCINNATI INSURANCE COMPANY
A StoeK Insurance Company
BUILDERS~ RISK INLAND MARINE COVERAGE
PART DECLARATIONS
"0>
Attached to and forming part of POLICY NUMBER: 4(PP 5552 44 SS AWREffective Date; D2-01.2002
Named Insured; IS THE SA"E AS %T APPEARS ON THE COMMON PDLICY DECLARATION
COVERAOE PROVISIONS
COMMERCIAL (C)
a. ITEM or DWELLING (0)
1-1 (C) AS
LOCATION (address)
INDICATED ON REPORTING FORNS
"LIMIT"
5,000.000
b. COvered property in transit
c, Covered property at unscheduled storage locations
d. All Covered Property in anyone occurrence
DEDUCTIBLE
For all covered perils unless a different deductible is indicated below or
elsewhere In the policy
Theft
MORTGAGE HOLDER
hem
$ 200,OQO
$ 5.000.000
$ 33.2D.7.34
FORMS ANDIOR ENDORSEMENTS APPLICABLE TO BUILDERS' RISK INLAND MARINE COVE:RAGE,
KAl12 06/95 HA461 06/95
Agency ILAN~RD a CALHOUN INS. 10-087
AUGO . SA
Includes copyrighted material with permission of
American Association of Insurance Services.
MA 512 06 9S
Page 1 of 2
2
FEB-10-2003 13:07
CONT CONST CO
QUICK REFERENCE.
COMMERCIAL INLAND MARINE COVERAGE PART
READ YOUR POLICY CAREFU1.L Y
DECLARATIONS PAGE
Named Insured
Coverages and Limits of Insurance
COVERAGE FORM
A. COVERAGE
1. Covered Property
a. Buildings and Structures
b. Scaffolding and Construction Forms
2. Property Not COvered
3. Covered Causes of Loss
4. Additional Coverages
a. Transit and Storage Locations
b. Debris Removal
c. Emergency Removal
d. Fire Department Service Charges
e. Pollutant Cleanup and Removal
f. Arson Reward
g. Fire Extinguisher Recharge
h. Trees, Shrubs and Plants
B. EXCLUSIONS
. Civil Authority
· Earth Movement
. Flood
· Ground Water
· Nuclear Ha~ard
. Ordinance or Law
· Penalties
. War
· Contamination
· Criminal Acts
· Freezing
· Loss of Use
. Missing Property
· Pollutants
. Rain, Snow. Ice or Sleet
· Voluntary Parting
· Defects
· Electrical Currents
· Met:hanit:al Breakdown
. Settling, Cracking
· Temperature/Humidity
. Wear and Tear
C. DEDUCTIBLE
D. LOSS CONDITIONS
E. OTHER CONDITIONS
F. DEFINITIONS
COMMON POLICY CONDITIONS
A. Cancellation
B. Changes
C. Examination of Your BooKs and Records
D. Inspections and Surveys
E. Premiums
F. Transfer of Your Rights and Duties Under This Policy
CopyrIght. Insurance Servic6s Office, Inc., 1984
MA 512 06 95
3
705 863 0305
Page 2 of 2
P.03/11
"1)
~.
FEB-10-2003 13:07
CONT CONST CO
706 863 0306
P.04/11
BUilDERS' RISK INLAND MARINE COVERAGE FORM
.."
In retum for .your. payment of the required pre-
mium, nwa" provide the coverage described herein
subject to all the "terms" of the Builders' Risk
Coverage, This coverage is also subject to the
ndeclarations. and additional policy conditions re-
lating to assignment or transfer of rights or duties,
cancellation. changes or modifications, inspections,
examination of books and records and premiums.
Endorsements and schedules may also apply.
They are identified on the "declarationsn.
Refer to Definitions for words and phrases that
have special meaning. These words and phrases
are shown in Quotation marks.
A. COVERAGE
1. Covered Property
a. Buildings and Structures - .Wen cover
direct physical loss caused by a Cov-
ered Cause of Loss to buildings and
structures described on the "declara-
tions" while In the course of con-
struction, erection. or fabrication.
This Includes materials and supplies
which will become a permanent part
of the buildings or structures, all while
located on the premises of the
buildings or structures described on
the ~declarationsH. or within 1000 feet
of such premises. This also includes
foundations, excavations, grading and
filling.
b. Scaffolding and Construction Forms -
"Wen cover direct physical loss.
caused by a Covered Cause of Loss,
to scaffolding or construction forms
provided the scaffolding or con-
struction forms are located at, or
within 1000 feet of, a building or
structure described on the "declara-
tions" and used to service the de-
scribed building or structure,
2. Property Not Covered
a, Aircraft or watercraft A "We" do not
cover aircraft or watercraft.
b. Automobiles - nWen do not cover au~
tomoblles or any self-propelled vehi-
cles that are designed for highway
use,
c. Contraband - .We" do not cover
contraband or property in the COurse
of illegal transportation or trade.
d. EXIstIng BuildIngs or Structures -
"Wa. do not cover axistlng buildings
or s1ructures to which additions, al-
terations. improvements, or repairs
are being made.
e. Land - "We" do not cover land InclUd-
Ing land on which Covered Property
is located.
Moner and Securities - "WeH do not
cover accounts, bills, currency, food
stamps, or other evidences of debt,
lottery tickets not held for sale.
money, notes, deeds. or securities.
Trees, Shrubs and Plants - "Wen do
not cover trees, shrubs, plants, and
lawns except as provided in 4. Addi-
tional Coverages.
Waterborne Prope~ -' "We" do not
cover property while waterborne eX-
cept while in transit in the custody of
a carrier for hire.
i. Tools and Equipment - "We" do not
cover tools or equipment other than
scaffolding and construction forms,
j. Plans and Blueprints . "We" do not
cover plans, blueprints. designs or
specrncatlons,
3. Coveted Causes of Loss
f.
g.
h.
"We" cover risks of direct physical loss
unless the loss is:
a. limited by thIs coverage form; or
b. Caused by a peril that is excluded.
4. Additional Coverages
a. Transit and Stol"af;lB Locations _ "We"
cover direct phYSical loss caused by
a Covered Calise of Loss to materials
and supplies which will become a
permanent part of buildings or struc-
tures described on 1he "declarationsH
while they are:
(1) In transit; or
(2) At an unscheduled storage lo-
cation.
The most "we" pay under this cover-
age Is the .lImlt" Indicated on the
Hdeclaratlons..
b. Debris Removal. .We" pay the cost to
remove the debris of Covered Prop-
erly that Is caused by a Covered
Cause of Loss. This coverage does
not include costs to:
(1) Extract npollutants. from land or
water: or
(2) Remove. restore, or replace pol-
luted land or water.
"Wen do not pay any more under this
coverage than 25 percent of the
amounf .we" pay for the direct loss,
.Wen do not pay more for loss to
property and debris removal com-
bined than the "limit" for the damaged
property.
MA 112 06 96
Includes copyrighted malerial with permission of
American Association of Insurance Services
Page 1 of 8
4
FEB-10-2003 13:07
CONT CDNST CO
However, ~wen pay an additional
amount of debris removal expense up
to $5,000 when the debris removal
expense exceeds 25 percent of the
amount ~we" pay for direct loss or
when the loss to property and debris
removal combined exceeds the "limit"
for the damaged property.
"We" do not pay any expenses unless
they are reported to "us. in writing
within 180 days from the date of direct
physkalloss to Covered Property.
c. Emergency Removal - .WeN pay for
loas to Covered Property while It Is
moved or being moved to prevent a
loss caused by a Covered Cause of
Loss. "We" pay for any direct phys-
Ical loss caused by a peril that is not
excluded. This coverage applies for
up to 10 days after the property is first
moved, but does not extend past the
date on WhiCh this policy expires.
d. Fire Department Servjce Cha~s -
"We" pay up to $5,000 to cover your"
liability. assumed by contract or
agreement prior to the loss, or re-
quired br local ordinance. for fire de-
partmen service charges.
This coverage Is limited to charges
incurree! when the fire department is
called to save or protect Covered
Property from a Covered Cause of
Loss.
No deductible applies,
This is en additional "limit",
e. Pollutant Cleanup and Removal. "WeW
pay .your" expense to extract
"pollutants" from land or water at a
location described on the "declara-
tions.. If the discharge. dispersal,
seepage, mignlotion, release, or es-
cape of the "pollutants" is caused by
a Covered Cause of Loss that occurs
during the policy period, The ex-
penses are paid only if they are re-
ported to NUS" in writing within 180
days from the date the Covered
Cause of loss occurs.
"Wed do not pay the cost of testing,
evaluating. observing, or recording
the existence. level or effects of
"pollutants", However, "wen pay the
cost of testing which is necessary for
the extraction of "pollutants" trom
land or water.
The most "weN pay for each site or
location is $10.000 for the sum of all
such expenses arising out of a Cov.
ered Cause of loss occurring during
each separate 12 month period of this
policy.
This is an additional "limit",
1. Arson Reward. "We" pay a rewlIrd for
Information which leads to an arson
706 863 0306
conviction in connection with a fire
IOS6 covered under this policy.
The most I/we" will pay is $5.000.
This is an additional "limit",
g. Fire Extinguisher Recharge - "We" pay
expenses incurred to recharge a
portable fire extinguisher when it has
been used to combat a fire covered
under this policy.
The most "we" will pay is $1,000.
This is an additional "limit",
h. Trees. Shrubs and Plants - "We" pay
for loss to trees, shrubs. plants ana
lawns caused by:
(21) Fire:
() Lightning;
(3) Explosion:
(4) Riot or civil commotion;
(5) Falling aircraft; or
(6) Vandalism.
The most "we" will pay is $5,000 in
anyone occurrence for each locatIon.
but not more than $300 for anyone
tree, shrub or plant, unless endorsed
hereon.
This is an additional ulimit".
B. EXCLUSIONS
1. "We" do not pay for 1066 if one or more of
the following exc:lusions apply to the Iou,
regardless of other causes or events that
contribute to or aggravate the loss,
whether such causes or events act to
produce the loss before, at the same time
as. or after the excluded causes or events,
a, Civil Authority. "We" do not pay for
loss caused by order of any civil au-
thority, including seizure, confis-
cation, destruction, or quarantine of
property.
"We" do pay for loss resulting from
acts of destruction by the civil author-
ity to prevent the spread of fire. un-
less the fire is caused by a peril
excluded under this coverage.
b. Earth Movenwl\t or Volcanic Eruption
~ "We" do not pay for loss caused by
an Uearth movementD (other than
"sinkhole collapse~) or caused by
eruption, explosion. or effusion of a
volcano,
"We" do pay for direct loss by fire.
explosion, or dvolcanlc action" result-
ing from either dearth movement" or
eruption, exploSion, or effusion of a
volcano.
All volcanic eruptions thai occur
within a 168 hour period shall be con-
sidered a single loss.
This exclWilion does not apply to Cov-
ered Property while in transit.
MA 11206 95
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5
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2.
Flood . nWeN do not pay for loss
caused by Hflood., but If fire, explo-
sion, or theft. results ~we" do cover the
loss caused by the fire. explosion, or
theft.
This exclusion does not apply to Cov-
ered Property while in transit.
Ground Water - "Wen do not cover
loss caused by nground water" but if
fire, explosion. or theft results .wen
do cover the loss caused by the fire,
explosion, or theft.
This exclusion does not apply to Cov-
ered Property while in transit,
Nuclear Hazard - nWe" do not pay for
loss caused by or resulting from a
nuclear reaction, nuclear radiationhor
radioactive contamination (whet er
controlled or uncontrolled; whether
caused by natural. acciden1al, or arti-
ficial meal'l$). Loss caused by nuclear
hazard is not considered loss caused
by fire, explosion, or smoke. "We" do
pay for direct loss by fire resulting
from the nuclear hazard.
Ordinance or Law - "Wen do not pay
for loss or increased cost caused by
enforcement of any code, ordinance.
or law regulating the use, con.
struction, or repair of any building or
structure; or requiring the demolition
of any building or structure including
the cost of removing its debris.
Penalties . NWe. do not pay for loss
caused by penalties tor noncom-
pletion or non-eompllance with any
contract terms or condl1lons.
h. War. "We" do not pay for los$ caused
by war. This means:
(1) Declared war, undeclared war,
civil war, Insurrection, rebellion,
or revolution;
(2) A warlike act by a military force
or by mIlitary personnel;
(3) The destruction. geizure, Or use
of the property for a military pur-
pose; or
(4) The discharge of a nuclear
weapon even if it is accidental.
"We. do not pay for loss or damage if one
or more of the following exclusions apply
to the loss:
c.
d.
e.
f.
g.
a. COntamination or Deterioration - "We"
do not pay for lOSS caused by con-
tamination or deterioration including
corrosion. decay, fungus, mildew.
mold. tot. rust. or any Quality, fault,
or weakness in the Covered Property
that causes it to damage or destroy
itself,
b. Criminal, Fraudulent or Dishoheet
Acts . "We" do not pay for loss caused
by or resulting from criminal, fraudu-
lent, dishonest. or illegal acts com-
706 863 13306
P.06/11
mltted alone or In collusion with
another by;
(12) "Youn.
() Others who have an interest in
the property;
(3) Others to whom "you" entrust the
property;
(4) Your" partners, officers. direc-
tors, trustees, joint adventurers;
or
(5) The 8mployees or agents of (1),
(2), (3), or (4) above, whether or
not they are at work.
This exclusion does not apply to acts
of destruction by "your. employees.
but uwe" do not pay for theft by em-
ployees,
This exclusion does not apply to Cov-
ered Property In the custOdy of a car-
rier for hire.
Freezing - "We. do not pay for loss
caused by water: other liquids; pow-
der; or molten material that leaks or
flows from plu.mblng, heating. air-
conditioning systems, or appliances
other than fire protective systems
caused by freeZing. This does not
apply If "youn use reasonable care to
maintain heat In the building or struc-
ture; or "you" drain the equipment
and turn off the supply if the heat is
not maintained,
Loss of Use - "We" do not pay for loss
caused by or resulting from loss of
use, business interruption, delay. or
loss of market.
MissIng Property. "WeR do not pay for
missing property where the only proof
of loss is unexplained or mysterious
disappearance of Covered Property,
or shortage of property discovered on
taking inventory, or any other in-
stance where there is no physical ev-
Idence to show what happened to the
Covered Property. This exclusion
does not apply to Covered Property in
the custody of a carrier for hire.
Pollutants - "We" do not pay for lOGS
causlld by or resulting from release.
discharge. seepage, migration. dis-
persal, or escape of "pollutants" un-
less the release, dischar!;le, or escape
Is caused by a Rspeclfied perils..
NWe" do pay for any resulting loss
caused by a .speclfled peril",
Rain, Snow, lee. or SIBet - .Wen do not
pay for loss caused by or resulting
from rain. snow. ice, or sleet 10 prop-
erty In the open which Is not part of
the permanent building or structure.
This exclusion does not apply to Cov-
ered Property in the custOdy of carri-
ers for hire.
h. Voluntary Parting. .We- do not pay
for loss caused by or resulting from
volunt;:lry rarting with title to or pos-
session 0 any property because of
-,
c.
d.
e.
f.
g.
MA 112 06 95
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6
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706 863 0306
The appraisers will then determine and
state separately the amount of each lass,
The appraIsers will also determine the
value of COvered Property items at the
time of the loss, Ifrequested.
If the appraisers submit a written report
of any agreement to .US., the amount
agreed upon will be the amount of the
loss, If the appraisers fall to agree within
a reasonable time. they will submit only
their differences to the umpIre, Written
agreement so itemlzed and signed by any
two of these three sets the amount of the
loss,
Each appraiser will by paid by the party
selecting that appraiser. Other expenses
of the appraisal and the compensation of
the umpire wlll be paid equally by .you"
and "us.,
any fraudulent scheme, trick, or false
pretense,
.We" do not pay for loss or damage if one
or more of the following exclusions apply
to the loss. But If loss by a Covered Cause
of Loss results "we" do pay for the result-
Ing loss,
B. Defects, Errors, and Omissions - .We"
do not pay for loss caused by an act.
defect, error. or omission (negligent
or not) relating to:
(1) Design, specifications, con-
5truction. or workmanship~
(2) Planning. zoning. development,
siting, surveying,. grading. or
compaction; or
(3) Maintenance, installation, reno-
vation, remodeling, or repair,
b. Electrical Currents. "Wew do not pay
for loss caused by arcing or by elec-
trical currents other than lightning,
c. Mechanical Breakdown . ~Wfil" do not
pay for loss caused by mechanical
breakdown including centrifugal force,
d. Settling, Cracking, Shrlntlng, BulgIng,
Dr Expanding - .We" do not pay fOr
loss caused by 5enling, cracking,
shrinking, bulging, or expanding of
pavements, foundations, walls, ceil-
ings, glass, or roofs.
e. Temperature/Humidity. "We" do not
pay for loss caused by dampness,
dryness, or changes in or extremes
of temperature.
f. Wear and Tear - "We" do not pay for
loss caused by wear and tear, mar-
ring, or scratching.
C. DEDUCTIBLE
3.
3.
Notice - In case of a loss, .youw must:
a. Give .us" Dr .our" agent prompt no-
tice including a description of the
property Involved ("we'" may request
written notice); and
b. GIve notice to the police when the act
that causeS the loss is a crime,
Proof 01 Loss . "You. must send "us"
within 80 days after "our" request, a
signed, sworn proof of los$. This must in-
c;\uda the following information:
a. The time. place, and circumstances
of the loss;
4.
1.
Abandonment - "You" may not abandon
the property to "us" without "our" written
consent.
5.
other pOlicies of insurance that may
cover the loss:
''Your'' interest and the interests of all
others in the property involved, in-
cluding all mortgages and liens;
Changes in tltle of the covered Prop-
erty during the policy perIod; and
e. Estimates, specifications. inventories,
and other reasonable Information that
"we" may require to settle the loss.
Protect Property - "You'" must take all
reasonable steps to protect Covered
Property at and after an insured loss to
aVOid further loss. "we will pay the rea-
sonable costs Incurred by "you" for nec-
essary repairs or emergency measures
performed solely to protect Covered
Property from further damage by a peril
Insured against if a peril insured against
has already casued a loss to Covered
Property. ~You" must keep an accurate
record of such costs. However "we" do
not pay for such repairs Dr emergency
measures performed on property which
has not been damaged by a peril Insured
against. This does not increase .our"
"limit".
b,
c.
Deductible - .We" pay only that part of "your"
loss over the deductible amount indicated on
the 'declaratlons. in anyone occurrence,
D. LOSS CONDtTIONS
d.
2,
Appraisal - If "you~ and "we" do not agree
on the amount of the loss or actual cash
value of Covered Property, either party
may demand that these amounts be de-
termined by appraisal.
If either makes a written demand for ap-
praisal. each will select a competent, in-
dependent appraiser and notify the other
of the appraiser's identity wi1hin 20 days
of receipt ofthe written demand. The two
appraisers will then select a competent,
impartIal umpire. If the two appraisers are
unable to agree upon an umpire within 1S
days, .you- or .we" can ask a judge of a
court of record in the state where the
property I~ located to $elect an umpire.
MA 112 06 95
6. Re~rds - 6VOU" must produce records,
Including tax returns and bank microfilms
of all cancelled checks. reiating to value,
10$s, and expense and permit copies and
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7
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MA 112 06 95
Insurable Interest - .We" do not cover
more than "your" insurable interest In
any property.
Property of Others - losses to prop-
erty of others may be adjusted with
and paid to:
(1) "You" on behalf of the owner: or
(2) The owner.
If "we" pay the owner, "we. do not
have to pay "you". "We" may also
choose to defend any suits arising
from the owners at "our" expense. b. Pair or Set - The value of a lost or
damaged article which is part of a
Your Losses - "We" adJust all losses pair or set Is based on a reasonable
with "you". Payment wlll be made to proportion of the value of the entire
"you" unless another loss payee is pair or set. The loss is not considered
named in the policy. a total 10$s of the pair or set.
An Insured loss will be payable 30 c. Loss to Parts - The value of a lost Or
days after a satisfactory proof of 10$8 damaged part of an item that consists
Includes copyrighted material with permission of
Americ~n Association of Insurance Services
7.
extracts to be made of them as often as
"we- reasonably request.
Damaged Property - "You" must exhibit the
damaged and undamaged property as of-
ten as "we" reasonably request and allow
"US~ to inspect or take samples of the
property.
Examination - -You- must submit to ex-
amination under oath in matters con~
nected with the loss as often as "we'"
reasonably request and give ~us~ sworn
statements of the answers. If more than
one person Is examined, .we" have the
right to examine and receive statements
separately and 'not in the presenc~ of oth-
ers.
8.
9.
Cooperation - "You" must cooperate with
Uus" in performing all acts required by thi!.
policy,
Volunteer Payments - "Youu must not, ex-
cept at .your" own expense, voluntarily
make any payments, assume any obli-
gations, payor offer any rewards, or incur
any other expenses except as respects to
protecting property from further damage.
Loss Payment.
3. Our Options - "We" have the following
options:
(1) Pay the value of the loss;
(2) Pay the cost of repairing or re-
placing the loss;
(3) Rebuild, repair, or replace with
property of equivalent kind and
quality, to the extent practicable,
within a reasonable time;
(4) Take all or any pari of the dam-
aged property at th~ agreed or
appraised value,
'We" must give "you. notice of "our'"
intent to rebuild. repair, or replace
within 30 days after receipt of a duly
extX:uted proof of lOS$.
10.
11.
b.
c.
d.
8
706 863 0306
P.08/11
12.
is received, and the amount of the
loss has been established either by
written agreement wi1h "you" or the
tiling of an appraisal award with 'us".
Loss SettlemAl\t Tanns - "We" pay the
lessor of:
(1) The amount determined under 13.
Valuation:
(2) The cost to repaIr, replace, or re-
build the property with material
of like kind and quality to the ex-
tent practicable; or
(3) The "limit" that applies to the
Covered Property.
Recoveries - If "we" pay "you" for the loss
and lost or damaged property is recov-
ered, or payment Is made by those re-
sponsible for the loss, the following
provisions apply:
a. "You" must notify "us" promptly if
"you" recover property or receive
payment;
b. "We" must notify "youM promptly if
"weU recover property Or receive
payment;
c. Any recovery expenses incurred by
either are reimbursed first;
d. "You" may keep the recovered prop-
erty but "you. must refund to "us" the
amount of the claim paid, or any
lesser amount to which "we" agree;
and
e.
If the claim paid is less than the
agreed loss due to a deductible or
other limiting "terms" of this policy
any recovery will be pro rated be-
tween "you" and .usu based on our
respective interest in the loss.
13. Valuation.
e.
a.
Replacement Cost - The value of Cov-
ered Property will be based on the
replacement cost without any de-
duction for depreciation.
The replacement cost is limited to
cost of repair or replacement with
simIlar materials on the same site
and used for the same purpose. The
payment shall not exceed the amount
.youU spend to repair or replace the
damaged or destroyed property.
This replacement cost provision does
not apply to paragraphs b. and c.
under this 10SI; condition 13.
Page 5 of B
-,
The most "we" pay Is the amount deter-
mIned In 1,c, above. the amount of the
loss, or the "limit. whichever Is lass. .We"
do not pay any remaining part of the 10$$.
If there Is more than one "limit" indicated
on the "declarations" for this coverage
part. this procedure applies separately to
each "limit".
If there 1$ only one "limit" Indicated on the
"declarations" for this coverage, this pro--
cedure applies to the total orall Covered
Property to which the "limit" applies,
2. Insurance Under More Than One Coverage
- If more than one coverage of this policy
Insures the same loss. "we" pay no more
than the actual claim, loss. or damage
sustained,
3. Insurance Under More Than One Policy.
"You" may have another policy subject to
the same "terms. as this policy, If "you"
do. "we" pay .our. share of the covered
loss, "Our" share is the proportion that
the applicable "limit" under this policy
bears to the "limit" of all policies covering
on the same basis,
Ir there is another policy covering the
same loss, other than that described
above. "we" pay only for the amount of
covered loss in excess of the amount due
from that other policy, whether "you. can
collect on it or not. But "we" do not pay
mOre than the applicable "limit",
4. Benefit to Others . Insurance under this
coverage shall not directly or Indirectly
benefit anyone having custody or "your"
property.
5. Conformity With Sbrtutll. When a condition
of this coverage is in conflict with an ap-
plicable law, that condition is amended to
conform to that law.
6. Misrepresentation, CDnc~lment, or Fraud
. This coverage is void as to "you" and any
other insured if, before or after a loss:
Includes copyrighted material with permission of
American Association of Insurance Services
FEB-10-2003 . 13:09
CONT CONST CO
of several parts when It is complete
is based on the value of only the lost
or damaged part or the cost to repair
or replace it.
E. OTHER cONOmONS
1. Coinsurance. "We" only pay a part of the
loss If the "limit" is less than 100% 011he
value of the Covered Property on the date
of completion. "Our" part of the loss Is
determined using the following steps:
a. Calculate 100% of the value of the
Covered Property on the date of com-
pletion,
b. Divide th~ "limW for Covered Prop-
erty by the result determined in 1.a.
above;
c. Multiply the total amount of loss, be-
fore the application of any deductible.
by the result determined in 1.b.
above,
MA 112 OS 95
706 863 13306
a. "You" or any other Insured have
willfully concealed or misrepresented:
(1) A material fact or circumstance
that relates to this insurance or
the subject thereof; or
(2) "Your" mterest herein.
b. There has been fraud or false swear-
ing by "you" or any other insured with
regard to a matter that relates to this
insurance or the subject thereof.
7. Policy Period- "We. pay for a covered loss
that occurs during the policy period,
8. Restoration of Umlts . A loss .we" pay
under this coverage does not reduce the
applicable "limits",
9. Subrogati~n. If "we" pay for a loss. "we"
may reqUire .you" to assign to "us" "your"
right of recovery against others. "You"
must do all that Is necessary to secure
"our" rights. "We" do not pay for e loss if
"you" impair this right to recover.
-You" may waive "your" right to recover
from others in writing before a loss oc-
curs,
10. Suit Against Us - No one may bring a legal
action against "us. under this coverage
unless:
a. All of the "terms" of this coverage
have been compiled with; and
b. The suit has bean brought within two
years after "you" first have knowledge
of the loss.
If any applicable law maKes this limitation
invalid, then suit must begin within the
shortest period permitted by law,
11. Temtorial Limits . "We" cover property
while in the United States of America, Its
territories and possessions, Canada. and
Puerto Rico,
12. Carriers For Hire - "You" may accept bills
of lading or shipping receipts Issued by
carriers for hire that limit their liability to
less than the replacement cost or actual
cash value of the Covered Property.
13. Occupancy and Use - This coverage is
void, without "our" prIor written consent
a. 60 days after the building or structure
described on the "declarationsrl is oc-
cupied in whole or In part: or
b. 60 days after the building or structure
d~scribed on the "declarations" is put
to its intended use,
14. When Coverage Ceases . Coverage will
end when one ofthe follOWing first occurs:
8. This policy expires or Is cancelled;
b. The building or structure described
on the ndec:larations/ is accepted by
the purchaser,
Page 6 of 8
9
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15.
MA 112 06 95
CONT CONST CO
c. "Your" interest in the Covered Prop-
erly ceases;
d. "You" abandon construction with no
intent to complete it; or
e. The building or structure described
on the "declarations" has been COm-
pleted for more than 90 days,
Mortgage Holders -
a. The term '"mortgage holder" includes
trustee.
b.
'''We~ will pay for covered loss of or
damage to buildings or structures to
each mortga9,e holder shown on the
"declarations I in their order of pre-
cedence, as interests may appear.
The mortgage holder has the right to
receive loss payment even if the
mortgage holder has started foreclo-
sure or sImilar action on the building
or structure.
c.
d.
If we deny ~yoor" claim because of
'your" acts or because "you~ have
failed to comply with the terms of this'
coverage form, the mortgage holder
will still have the right to receive loss
payment if the mortgage holder:
(1) Pays any premium due under this
coverage form at "our" request If
.you" have failed to do so:
(2) Submits a signed, SWOrn proof of
loss within 50 days after receiving
notice from nus" of "yoUr" failure
to do so; and
(3) Has notified "us" of any change
in ownership, occupancy Or sub-
stantial change In risk known to
the mortgage holder.
All of the terms of this coverage form
will then apply directly to the mort-
gage holder.
If Hwe~ pay the mortgage holder for
any loss, or damage and deny pay-
ment to "you" because of your acts
or because "you" have failed to com-
ply with the terms of this coverage
form:
(1) The mortgage holder's rights un-
der the mortgage will be trans-
ferred to "us" to the extent of the
amount .we" pay; and
(2) The mortgage holder's right to
recover the full amount of the
mortgage holder's claim will not
be impaired.
At "our" option, "we" may pay to the
mortgage holder the whole principal
on the mortgage plus any accrued in-
terest. In this event. your mortgage
and note will be transferred to .us~
and "you" will pay "your" remaIning
mortgage debt to "us",
e.
F.
706 863 0306
,P.10/11
16.
If "we" cancel this policy, uwe" will
give written notice to the mortgage
holder at lesst: ..."
(1) 10 days before the effective date
of cancellation if we cancel for
"your" nonpayment of premium;
or
(2) 30 days before the effective date
of cancellation if "we" cancel for
any other reason.
g. If .we" do not renew this policy. "we"
will give written notice to the mort-
gage holder at least 10 days before
the expiration date of this policy,
Provisional Limit. The .olimit" shown on
the "declarations" is provisional. The rate
and premium are based on an average
amount of liability during the period of
construction, At any date while this policy
Is In force} the actual "limit" under this
coverage form Is that proportion of the
PrOVisional Limit that the replacement
cost of the described property bears to the
replacement cost at the date of com~
pletion, but shall not in any case exceed
the Provisional Limit,
Control of Property - Any act or neglect of
any person other than .you" beyond
uyour" direction or control will not affect
this insurance.
f,
17.
The breClch of any condition of this cover-
age form at anyone or more locations will
not affect coverage at any location where,
at the time of Joss or damage, the breach
of condition does not exist.
DEFINITIONS
1. The words HyouN and "you"" mean
persons or organizations named as
Insured on the "declarations".
the
the
2.
The words "we., "llSN, and "our" mean the
company providing this co....erage.
.Declaration5~ means all pages labeled
Declarations, Supplemental D"edannions,
or Schedules, which pertain to this cover-
age.
"Earth movement" means any movement
01" vibration of the earth's surface (other
than hsinkhole coliapse~) including but not
limited to earthquake; landslide; mudflow;
mudsllde; mine subsidence; or sinking,
rising, or shifting of earth.
"Flood" means nood. surface water.
waves, tidal water, or the overflow of a
body of water whether driven by wind or
not. This includes spray that results from
these whether driven by wind or not.
"Ground water" means;
3.
4.
5.
&.
a. Water that backs up through a sewer
or drain; or
b, Water below the surface of the
ground. This includes water that ex-
erts pressure on or flows. seeps, or
Includes copyrighted material with permission of
American Association of Insurance Services
10
Page 7 of 8
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FEB-10-2003 13:10
CONT CONST CO
leaks through or into a building, side-
walk. driveway. foundation. SWimming
pool. or other structure.
7. "LimW means the amount of coverage
that is available. unless the MllmUU is
amended by E. OTHER CONDITIONS. 16.
Provisional Limit.
8. apollutant" means:
a. Any solid, liquid. gaseous, or thermal
irritant or contaminant;
b, Electromagnetic (visible or Invisible)
or sound emission; or .
c. Waste, including materials to be dis-
posed of as well 8S recycled. re-
claimed, or reconditioned.
9. "Sinkhole collapse" means the sudden
settlement or collapse of earth supporting
the Covered Property into subterranean
voids created by the actIon of water on a
limestone or similar rock formation. It
does not Include the value of the land or
the cost of filling sinkholes.
10. nSpacified perils" means aircraft; civil
commotion; explosion; falling objects: fire;
hall; leakage from fire extinguiShing
.
..
706 863 0306
equipment; lightning; riot; Nsinkhole col~
lapse"; smoke: sonic boom; vandalism;
vehicles; "volcanic action"; water damage;
weight of Ice. snow, or sleet; and
winDstorm.
Falling objects does not include loss to
pel1lonal property In the open or to the In-
terior of buildings or structures or per-
sonal property inside buildings or
structures unless the exterior of the roof
or wall. are first damaged by a falling ob-
ject.
Water damage means the sudden or acci-
dental dlscha'll8 or leakage of water of
steam as a dIrect result .of breatklng or
cracking of a part of the system or appli-
ance containing the water or steam.
11. "Termsn means all provisions, limitations,
exclusions. conditions. and definitions that
apply.
12. "Volcanic Actionn means airborne volcanic
blast or airborne shOCk waves; ash, dust.
or particulate matter; or lava flow. It does
not include the cost to remove ash, dust.
or particular matter that does not cause
direct physical loss to the Covered Prop-
erty,
MA 112 06 95
Includes copyrighted material with permiSSion of
American Association of Insurance Services
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11
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