HomeMy WebLinkAboutH.E. Hennigh Performance Bond
Augusta Richmond GA
DOCUMENT NAME: W. L ).I \';1'\1 I\J \ Ij 1-1 Pelt -Q-OIL M I'\~ 80.0 ~
DOCUMENT TYPE:
YEAR: d..DD "6
BOX NUMBER: \ 'b
FILE NUMBER: } 4> '1 :6 4?
NUMBER OF PAGES:
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THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 08645375
AlA Document A311
Performance Bond
KNOW All MEN BY THESE PRESENTS; that
HE HENNIGH, INC.
209 East Ware St.
Cedartown, GA 30125
tH.,. ,n'.II lull n._ .nd .dd,", 0' lei" 10". ol (on".(IO,'
as Principal, hereinafter called Con tracto rr , and,
FIDELITY AND DEPOSIT COMPANY OF MARYLAND (He,e in.e.. lull n._ .nd .dd,... 0' 11'1.1 'il'e 01 Su"'~l
1400 American Lane
Schaumburg,lL 60196-1056
as Surety, hereinafter called Surety, are held and firmly bound unto
THE CITY OF AUGUSTA PURCHASING DEPT. (He,e inu"'ull n.m. and .dd.... 0, le..1 HilI' 01 Own.,)
530 Green Street Room 605
Augusta, GA 30911
as Obligee, hereinafter called Owner, in the amount of
One Million One Hundred Three Thousand Four Hundred Seventy Eight and 00/100 Dollars ($ 1,103,478.00
),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated
(lole~ .nwrt lull nvne, .ddm. .ne! dfK,ipIlon 01 P'ojKlI
Augusta Fire Station #12 Contract #02-189
, entered into a contract with Owner for
in accordance with Drawings and Specifications prepared by
IHrre ,n'e'l lull n.me ond .dd,... or 'el" 1111. 01 Al<h,I<<II
which contract ;5 by reference made a part hereof, and is hereinafter referred to as the Contract.
41A DOCUMfNT AJ11 . rtRH)RM^NC( BOND AND lABOR ANa MATERIAL PAYMENT BONO . ^'^ l!O
rERRUARY lQ70 (1),' THE AMERICAN INSTITUT[ Of AIlCH'HCT!i, 17J5 N.Y. AVE, N.W.. WASHINGTON. O. C. 20006
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PERFORMANCE BOND
NOW, THERf.FORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and failhfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
HE HEN NIGH, INC.
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The Surety hereby waives notice of any alteration or
extension of time made by the Owner,
Whenever Contractor shall be, and declared by Owner
to be in default under the Contract, the Owner having
performed Owner's obligations thereunder, the Surety
may promptly remedy the default, or shall promptly
11 Complete the Contract in accordance with its terms
and conditions, or
21 Obtain a bid Or bids for completing the Contract in
accordance with Its terms and conditions. and upon de-
termination by Surety of the lowest responsibh.' bidder,
or,' if the Owner elects. upon determination by the
Owner and the Surety jointly of the lowest responsible
bidder, arrange fOr a contract between such bidder and
Owner, and make available as WOrk progresses (even
though there should be a default Or a succession of
Signed and sealed this
9th
day of
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(Wi,nc',')
defaults under the contract or contraCl~ of compleiion
arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price:
but not exceeding, including other costs and damages
for which the Surety may be liable hereunder. the amount
set forth in the fltsl paragraph h",rcot. The lerm "balance
ot the contract price." as used in this paragraph, shall
mean the lotal amount pay"ble by Ownl"r to Conlractor
under the Contract and any amendments thereto, less
the amount properly paid by Owner to Contractor.
Any suit under this bond must be in~lituted before
the expiration at two (21 years (rom the dale on which
final payment under the Contract tails due.
No.right of action shall accrue on thi~ bond to or lor
the use of any person or corporation other than the
Owner named herein or the heirs, executors. adminis-
trators or successors of the Owner.
January
2003
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Mike Mayberry , tWlln~~1 \
lFI~:'~,~ OF MARYLAND
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C. K. Nakamura
Attorney-in-Fact ;
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AlA OOCUMfNT 4111 . rUtHlRMANCE 80ND AND lABOR AND MATERIM PAYMENT 80ND . AlA ~
ruUWARY 1'170 EO.' THE AMflllCAN INSTITUTE OF ARCHlTECT~. 1135 N.Y. AVE., N.W.. WASHINGTON. 0, C. 20006
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I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On JA\'J 09 - before me, Brenda Wong, Notary Public ,
personally appeared C. K. Nakamura personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person( s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
J~-~~:~~-f
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND'
HOME OFFICE, BALTIMORE, MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article
VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force
and effect on the date hereof, does hereby nominate, constitute and appoint C. K. N akamur a 0 f Lo s Ange I e s ,
California. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
its true ana lawtul agent and Attorney-in-Fact, to make, execute, s~ deliver, for~d on its behalf as surety, and as its act and deed:
any and all bonds and undertakings.......~...... ~~...........................
A e execution of such bonds or undertakings in purs~ ese pre all be as binding upon said Company, as fully and
amply, to all intents and purposes, as if they had been dul ted and a edged by the regularly elected officers of the Company
al its office in Baltimore, Md., in their own proper ~ ~
The said Assistant Secretary does hereby C~rtify ~ extract ~ ~ on the reverse side hereof is a true copy of Article VI, Section
2, of the By-Laws of said Company, and is no' rce. ~~
IN WITNESS WHEREOF, the said Vice-Pr and As~ Secretary have hereunto subscribed their names and affixed the
Corporate Seal of the said FIDELITY AND IT COM~1jF MARYLAND, this 20th day of
April ~D. l=~ "'DD~COMPANYOFMARYLAND ~ p.
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_m. ~- By y~....... \
STATE OF MARYLAND ( ~
CoUNfY OF BALTIMORE j SS: . ~
On this__lOth day of Apr 11 ~ ,A.D. 19-94, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, carne C. M. PECOT. JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth
and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
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NOTARY. ;z:;;:; _ ~
~~UB~. OL J. FADER I / y Notary Public
My Commission Expires August 1. 1996
CERTIF1CATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially
authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESoLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 9 t h
day of .T-"lnll-"lry ,X9L-2003~ .,"
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EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-
Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,
by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant
Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute
on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases
and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, . . . and to affix the seal of the Company
thereto. "
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THE AMERICAN INSTITUTE OF ARCHITECTS
.
Bond No, 08645375
AlA Document A311
Labor and Material Payment Bond
THIS BONO IS ISSUED SIMULTANEOUSLY WITH PERfOR-..Ar'ICE 80NO iN FAVOR Of THE
OWNER CONDITIONED ON THE fUll AND fAITHfUL PERFORMANCE OF THE CONTRACT
KNOW All MEN BY THESE PRESENTS: that
H.E. HENNIGH, INC.
209 East Ware St.
Cedartown, GA 30125
!Here ;n'e'. full nOrM .nd oddreu 0' le..1 IIt'e O' CO"I/.CIOff
as Principal, hereinafler called Principal, and.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND (He,e i"se" lull n.me .nd .del,e" 0' I.Clllille of Surely.
1400 American Lane
Schaumburg, IL 60196-1056
as Surety, hereinafter oiled Surety, are held and firmly bound unto
THE CITY OF AUGUSTA PURCHASING DEPT, (He,e ,n,." full "ome I"d .ddre" or les.1 lotle of O..n,,'
530 Green Street Room 605
Augusta, GA 30911
as Obligee. hereinafter called Owner, (or the use and benefil of claimants as hereinbelow deiined. in the
amount of One Million One Hundred Three Thousand Four Hundred Seventy Eight and 00/100
(Here in,e.. . ,um .qu.t to II I.." one.h.11 0/ th. (onl/KI price' Oolla rs ($ 1,103,4 78.00 ),
(or the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns. jointly and severally, firmly by these presents.
WHEREAS/
Principal has by written agreement dated
IHfte 'Men lull n~m., lddr~s ~nd d'KripllOf\ 01 p,o;ecU
Augusta Fire Station #12 Contract #02-189
, entered into a conlract with Owner for
in accordance with Drawings and Specifications prepared by
IHer. ,n't'l 'ull ""me .nd .cldrft. 01 Itl" .illt of Annile("
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AlA DOCUMENT A)11 . PERFORMA~CE 80NO AND lABOR AND MA fERIAl PAYMENT BONO . AlA ~
H8RUARY 1970 ED,' THE AMERICAN INSTITUTE Of ARCHITECTS, 17)5 N.Y, AVE.. N,W., WASHINGTON, 0, C. 20006
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LABOR AND MATERIAL PAYMENT BOND
NOW, THfllHOllf. THE CONOITION Of THIS OBIICATlON is such Ihat. if PrinCipal shall promptly make payment to all
claimants as hereinafter defined. lor all labor and m.1tcrial u~ed or reasonably required lor use in the performance ollhe
Conlract. Ihen this obligation shall be void; otherWise it shal/remain in full force and eHe<t, subject, however, to the fof.
lowinll conditions:
H.E. HENNIGH INC.
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1. ^ cbimant is defined as one having a direct con.
tract wilh the Principal or with a 5ubcontr...ctor of the
Principal (or labor, /lUterial. or both. used or rt'ason.1bly
required for use in the performance of the Contract
I"bor and material being con~trued to include that part of
water, gu. power. light. heal. oil. gasoline. telephone
s.ervice or renlal of equipment directly applicable to the
Contract.
2. The above named Principal and Surety he,eby
jointly and severally agree with the Owner Ihal every
c1...imant .15 herein defined, who has nol been p.lId in
full before the expiratron of a period of ninety (901
days afler the date on which the lasl of such claimant's
work or labor was done or performed, or malenals wer("
lurnished by such claimant. may sue on this bond for
Ihe u\e of such claimant. pro~ecute the suit to final
judgmenl (or such ~um or ,'ums as may be justly due
d.Jimanl, and have execution Ihereon. The Owner shaH
not be liable for Ihe payment of an~ COSIS or expenses
of ~ny such suit.
3. No suil or aChon shaH be commenced hereunder
by any claimant:
.lI1 Unles~ clJimanl. other Ihan one hOlving a direct
conlraCI Wllh the P,inClpal. ~hall h4ve gIven written
nOllce to .ny two of the rollowlng: the Principal. Ihe
Owner. or lhe Surety oIbove named. within ninety (901
d.Jys .fler su('h dillmanl did or performed lhe lasl of
the work t:1r I.hor. or fUlntshed the last of the male,ials
fo' which saId claim is made. slallng wilh substantial
Signed and sealed .this
9th
day of
-...-..\~ ~ a-t~
Mike Mayberry' Vw,rnt.,,/ \
aCCuracy Ihe amounl claimed and the name 01 the parly
to whom lhe malerials were futnished, or for whom
Ihe work or labor was done or performed. Such notice
shalf be served by mailing the soIme by regislered mail
or cer"fied mail! postage prepaid, in .1n envelope ad.
drt'ssed to the Principal. Owner or Surety, at any place
where an office is regularly maintained for Ihe trans-
.1ction of business. or served in any manner in which
leg,)' process may be served in the stale in which Ihe
aforesaid project is located. save Ihat such service need
not be made by a public officer.
bl Alter the expiration of one (11 year following Ihe
date on which PrinCIpal ceased Work on said Contract,
it beIMg understood, however. thaI jf .1ny limitallon em-
bodied in Ihis bond is prohibiled by any law controlling
lhe construction hereof such limilation shall be deemed
10 be amended so. as 10 be equal to the minimum period
of limitation permitted by surh l.Jw.
c) Olhe, than ;n a slale (ou,t of compelent jurisdiction
in and for 'he counly or other political subdivi~ion 01
the stale in which the Project. or any part thereof. is
situated, or in Ihe United Slales Dimict Court for the
district in which the Projecl. or any part Ihereof, is sit-
uated. and not elsewhere.
4. The amount of this bond shall be reduced by and
to the extent of any payment or pctyments made in good
failh hereunder. jnclu~lve of Ihe payment by Surely of
mechanics' liens which may be filed of record against
said improvement, whelher or not claim for the amouM
of such lien be presenled under and againsl this bond.
January
2003
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FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(Sufe',oyl
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CK Nakamura Ifi,/,')
Attorney-in-Fact
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AlA OOCUM(NT A)11 . 1'[J(fO!i:M^NCr eONO AND lAAOIl ANO MA HI/tAL "I\YM(NT MIND . AlA @
r(BIlU^)(Y l'i10 (O.. 'tc( AM(RI(AN IN'iTlTUT{ Of ^RtH'fIClS, 'J'~ NY, AVt. N,W., W^4,;HIN(,T()N. O. C. .lOO()(, 1-
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I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On JAI-J 09 ZlJOO before me, Brenda Wong, Notary Public ,
personally appeared C. K. Nakamura personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
------~------l
fa BRENDA WONG
eanmlsslon f 17nD83 ~
$' NotaY Pl.tiIc - CaIIfcrria ~
5: los AngeIe5 Coun~
[ Mveanm.~Jul~2ID4.
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND'
HOME OFFICE, BAl TlMORE, MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Anicle
VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force
and effect on the date hereof, does hereby nominate, constitute and appoint C. K. Nakamura of Los Ange les ,
California.................. ................................................ ...... .. .
its true ana lawtul agent and Attorney-in-Fact, to make, execute, s~ deliver, for~d on its behalf as surety, and as its act and deed:
any and all bonds and undertakings.......~...... "'~...........................
A e execution of such bonds or undenakings in purs~a ese pre all be as binding upon said Company, as fully and
amply, to all intents and purposes, as if they had been dul ted and a edged by the regularly elected officers of the Company
at its office in Baltimore, Md., in their own proper ~ ~
The said Assistant Secretary does hereby ce~' fy ~ extract ~ ~ on the reverse side hereof is a true copy of Article VI, Section
2, of the By-Laws of said Company, and is no' rce. "="~
IN WITNESS WHEREOF, the said Vice-Pr and As~ Secretary have hereunto subscribed their names and affixed the
Corporate Seal of the said FIDELITY AND IT COM~~t5F MARYLAND, this 20th day of
April , A.D. 19~ _c,@;
it'''o:,~~ E ~ D DE~'IT COMPANY OF MARYLAND ~ P
AlTESf, ~~~:~ ~;'/)A~OCZ_~ _~
_..' As~- By V_huid< \
l~ . ~
On this 20th day of Apr 11 ~ ,A.D. 19 94, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came C. M. PECOT, JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth
and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN TEsTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
~T~~ Z:7 ~. .~
't PUBlIC OL 1. FADER Notary Public
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My Commission Expires August 1. 1996
STATE OF MARYLAND
Colil'ITY OF BALTIMORE
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially
authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of anorney issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 9 th
day of~unry ,}{cx...-2.00~ ' ''; ~
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EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-
Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,
by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant
Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute
on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases
and assignments of judgements, decrees, mortgages and ,instruments in the nature of mortgages, . . . and to affix the seal of the Company
thereto. "
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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 ofthis 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 ofthe 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 elate of commencement is the elate from which the Contract Time of Paragraph 3.2 is measured, and shall be the elate of
this Agreement, as first written above, unless a different elate is stated below or provision is made for the date to be fixed in a notice
to proceed issued by the Owner.
(Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state tbat tbe date will be fixed in a notice to proceed.)
The date of commencement shall be set in the Notice To Proceed.
Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the
Owner in writing not less than five e1ays before commencing the Work to permit the timely ftIing of mortgages, mechanic's liens
and other security interests.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insert the calendar date or number oj calendar days aJter the date oj commencement, Also insert any requirementsJor earlier Substantial Completion of cer-
tain porti01lS of the Work, .f not stated elsewlJere in tbe Contract Documents.)
(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 prollisiuns, iJ any, for liquidated damages relating to Jailure to complete on time.)
Liquidated damages in the amount of $200.00 for each consecutive calendar day after
the expiration of the contract completion date, except for authorized extensions of
time by the owner.
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. AIA~ . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A101-1987 2
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ARTICLE 4
CONTRACT SUM
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract SUlll of
One Million, Ninety Seven Thousand, Four Hundred Seventy-Ei ht Dollars
(S 1,097,478.00 ), subject to additions and (reduct~nS as provided in the Con-
tract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents ;lI1d are
hereby accepted by the Owner:
(Suite tlJe Humbers or other identIfication of accepted alternates. If decisions on a/ber alternates (lre to be made by II)€! OW1ler su/)sequellf In Ibe executioll of
this Agreement, attacJJ a sclJedllle of suelJ a/ber n/tenWles sl.lowing 'be amount lor eacIJ and tl.)(! dale until w/Jid; tJ)(ll amOlol( is t_'aUd}
Alternate Number 3 ($6,000.00)
4.3 Unit prices, if any, are as follows:
N/A
AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT' TWELFTH EDITION' AIA<!> . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D,C, 201)06
A101-1987 3
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ARTICLE 5
,PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the
Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and
elsewhere in the Contract Documents.
5.2 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 Twen t y- F if th (25th)
___________________________ day ofa month, the Owner shall make payment to the Contractor not later than
the Fifteenth (15th) -----------day of the month. If an Application for Payment is received by the
Architect after the application d;ne 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 anlount of each 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 tot.'!l Contract Sum allocated to that portion of the Work in the schedule
of values, less retainage of Ten _____________________________________________________ percent
( 10 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in the dispute may be
included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted
by Change Order;
5.6.2 Add that portion of the Contract Sum properly allocable to materials 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 ( 10 %);
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
circumsfances:
5.!.1 Add, ~pon Substantial Completion of the Work, a sum sufficient to increase the total payments to
Nlnety- Fl 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, ;my 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 illlellded, prior /0 SlIbs/all/ial Comple/ioll of /be elllire Work, /0 redllce orlimi//be relaillage reslIltillg/rum/be percell/ages illseI'/ed ill SlIbPora,
p,raphs 5,6./ und 5.(),2 a/Jot'e. Clnd Ibis is not explained elsewbere ;'1 tbe Contract D()cuments, insert here prouisiOllsfor such reduction or Iiluilatiull.)
None.
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. AIA<!l . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
Al01-1987 4
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ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1)
the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming
Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily
survive fmal payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by
the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or ;l5 follows:
As Above
ARTICLE 7
MISCELLANEOUS PROVISIONS
qJ
7.1 Where reference is made in this Agreement to a provision of the General Conditions or ;mother Contract Document, the ref-
erence refers to that provision as amended or supplemented by other provisions of the Contract Documents.
7.2 Pllllfleflts dl:le 1lI.eI t1flpl1id uRcla tRe C5I.trllet all,!!l bellr interest ffGm tl.e d.lte rlll mem ij Gl:le lit tRe flite BEllted l3e1o.., er iR
the ub3eflee thereof, at tHe lega-l fate fJre...ailiflg kon~ tinlG (8 tiN1S at the pl:;Jf:'t ')T}:v'r~" the Pr9j~('t if lr.('?tPd
(1Ilsert rate of illterest agreed UpOll, if allY.)
(J:'Il) 0H T'q;:gn~" [ 1 M,,,A-tJI.
(Usury laws alld requiremellts ullder tbe Federal Trutb ill Lelldillg Act, similar state alld local cOllsumer credit laws alld otber regulatiolls at tbe OWlIer's alld
Contractor's principal places o[ business, the location oj tbe Project alld elsewhere may aJ/eet the lJaUdit)' ()[ tbis provision. Legal advice slJould be obtained
with respect to de/et;ow.; or mod'fications, and also regarding requirements slIe/) as wri/tell disclosures or waiuers.)
7.3 Other provisions:
None
ARTICLE 8
TERMINATION OR SUSPENSION
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT" TWELFTH EDITION" AlA'" . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006
A101-1987 5
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ARTICLE 9
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document AIOI, 1987
Edition.
9.1.2
.9.1.3
The General Conditions are the General Conditions of the Contract for Construction, AIA Document AZOI, 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
Title
Pages
See Attachment "A"
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows:
(Eitber list tbe Specificatiolls bere or refer to all exbibit attached to tbis Agreemellt.)
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
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9.1.5 The Drawings are as follows, and are dated
(Either list tbe Drall'ill.'!.s bere or refer tu all I!xbil}it tltlaclJed to Ibis Agreement.)
unless a different date is shown below:
Number
Title
Date
See Attachment "A"
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 the Contr,Kt Documents unless the bidding requirements arc
also enumerated in this Article 9.
AlA DOCUMENT Al0l . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA'" . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W, WASHINGTON, D.C. 21.11.11.16
A101-1987 7
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9.1.7 Other documents, if any, forming part of the Con,tract Documents are as follows:
(List bere any additional dOCllments wbich are intended to fonn part of tbe Contract Documents, Tbe General Conditions prolilde tbat bidding requiremellls such
as advertisement or invitation to bid, Instructions to Bidders, sample fonns and tbe Contractor's bid are not part of the Contract Documents unless enumerated
in tbis Agreement. They should be listed here only if imended to he part of the 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.
CON~ /
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Al~ fYX)- !kJ
(Prinled name and Iii/e)
~ CAUTION: You should sign an original AlA document which has this caution printed in red.
Li*W 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 A,\1ERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W" WASHINGTON, D.C. 20006
A101-1987 8
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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
2128/ Augusta Richmond County Fire Station # 12
0001 0 - 1
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TABLE OF CONTENTS
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02310 - GRADING
02315 - EXCAVATION
02316 - FILL AND BACKFILL
02317 - TRENCHING FOR SITE UTILITIES
02318 - ROCK REMOVAL
02361 - SOIL TREATMENT FOR TERMITE CONTROL
02373 . RIPRAP
02441 -IRRIGATION SYSTEM
02485 - SEEDING
02487 - SODDING
02490 - TREES, PLANTS AND GROUND COVERS
02510 - WATER DISTRIBUTION
02515 - DISINFECTION OF WATER DISTRIBUTION SYSTEMS
02535 - SANITARY SEWER PIPING
02540 - SEPTIC TANK SYSTEM
02635 - STORM DRAINAGE PIPING
02741 - BITUMINOUS CONCRETE PAVING
02751 - PORTLAND CEMENT CONCRETE PAVING
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
2128/ Augusta Richmond County Fire Station # 12
00010 - 2
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TABLE OF CONTENTS
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DIVISION 5 - METALS
05120 - STRUCTURAL STEEL
05210 - STEEL JOISTS
05310 - STEEL DECK
05400 - COLD FORMED METAL FRAMING
05500 - METAL FABRICATIONS
DIVISION 6 -- WOOD AND PLASTICS
06067 - HIGH PRESSURE DECORATIVE LAMINATES
06100 - ROUGH CARPENTRY
06200 - FINISH CARPENTRY
06410 - CUSTOM CABINETS
DIVISION 7 -- THERMAL AND MOISTURE PROTECTION
07115 - BITUMINOUS DAMPPROOFING
07210 - FIBERGLASS INSULATION
07212 - CAVITY WALLBOARD INSULATION
07214 - FOAMED-IN-PLACE INSULATION
07216 - LOOSE FILL INSULATION
07222 - ROOF BOARD INSULATION
07261 - WEATHER RESISTANT MEMBRANE (TYVEK "STUCCOWRAP")
07262 - VAPOR RETARDER MEMBRANE
07550 - MODIFIED BITUMEN ROOFING
07610 - METAL ROOFING
07620 - SHEET METAL FLASHING AND TRIM
07650 - FLEXIBLE THROUGH WALL FLASHING
07840 - FIRESTOPPING
07900 - JOINT SEALERS
DIVISION 8 -- DOORS AND WINDOWS
08110 - STEEL DOORS AND FRAMES
2128/ Augusta Richmond County Fire Station # 12
00010 - 3
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TABLE OF CONTENTS
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08205 - VINYL INSULATED STEEL ENTRY DOORS
08360 - ALUMINUM SECTIONAL DOORS
08410 - ALUMINUM-FRAMED STOREFRONTS
08568 - VINYL WINDOWS
08710 - DOOR HARDWARE
08800 - GLAZING
DIVISION 9 -- FINISHES
09205 - DIAMOND MESH METAL LATH
09220 - PORTLAND CEMENT STUCCO
09260 - GYPSUM BOARD ASSEMBLIES
09261 - EXTERIOR GYPSUM BOARD SHEATHING - FIBERGLASS REINFORCED
09300 - PORCELAIN TILE
09511 - SUSPENDED ACOUSTICAL CEILINGS
09650 - RESILIENT FLOORING
09680 - CARPET
09900 - PAINTS AND COATINGS
DIVISION 10 -- SPECIALTIES
10100 - VISUAL DISPLAY BOARDS
10170 - PLASTIC TOILET COMPARTMENTS
10350 - FLAGPOLES
10420 - METAL BUILDING LETTERS
10421 - METAL PLAQUE
10441 - PLASTIC SIGNS
10500 - LOCKERS
10523 - FIRE EXTINGUISHERS, CABINETS AND ACCESSORIES
10530 - PROTECTIVE COVERS
10800 - TOILET, BATH, AND LAUNDRY ACCESSORIES
DIVISION 11 -- EQUIPMENT
11005 - MISCELLANEOUS EQUIPMENT
2128/ Augusta Richmond County Fire Station # 12
00010 - 4
Page 4 of 6
TABLE OF CONTENTS
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DIVISION 12 -- FURNISHINGS - NOT USED
DIVISION 13 -- SPECIAL CONSTRUCTION - NOT USED
DIVISION 14 -- CONVEYING SYSTEMS - NOT USED
DIVISION 15 -- MECHANICAL
15050 - GENERAL PROVISIONS
15051 - CODES, PERMITS & INSPECTION
15090 - MECHANICAL SUPPORTING DEVICES
15100 - VALVES
15200 - VIBRATION & SOUND CONTROL
15250 - MECHANICAL SYSTEMS INSULATION
15311 - COMPRESSED AIR SYSTEM
15351 - L. P. GAS SYSTEM
15401 - DOMESTIC WATER SYSTEMS
15405 - SOIL, WASTE, VENT & ROOF DRAIN SYSTEMS
15424 - WATER HEATERS & ACCESSORIES
15450 - PLUMBING FIXTURES & ACCESSORIES
15501 - AUTOMATIC SPRINKLER SYSTEM
15701 - PIPING FOR MECHANICAL SYSTEMS
15773 - SPLIT -SYSTEM HEAT PUMP
15795. ELECTRIC HEATERS AND HEAT TAPE
15820 - FANS
15840 - AIR DISTRIBUTION SYSTEM
15851 - VEHICULAR EXHAUST REMOVAL SYSTEM(S)
15889 . RANGE HOOD VENTILATING SYSTEM
15900 - HVAC CONTROLS
DIVISION 16 -- ELECTRICAL
16000 - GENERAL
16010 - LIGHTING POWER & PANELBOARDS
16015 - FUSES
16020 - RACEWAYS
2128/ Augusta Richmond County Fire Station # 12
00010 - 5
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TABLE OF CONTENTS
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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
2128/ Augusta Richmond County Fire Station # 12
00010 - 6
6 f 6 TABLE OF CONTENTS
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ATTACHMENT B
SECTION 00015
LIST OF DRAWINGS
COVER
CO.1 BOUNDARY, TOPO & DEMOLITION
C1.1 SITE LAYOUT & UTILITY PLAN
C2.1 GRADING & DRAINAGE 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 LANDSCAPING PLAN
L2.1 IRRIGATION PLAN
L3.1 LANDSCAPE & IRRIGATION DETAILS
A1.1 FLOOR PLAN
A2.1 ELEVATIONS
A2.2 CAST STONE DETAILS
A3.1 TYPICAL CROSS SECTION
A4.1 WALL SECTION
A4.2 WALL 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
A9.2 ENLARGED PLANS
A10.1 CANOPY PLANS & DETAILS
2128/ Augusta Richmond County Fire Station # 12
00015 - 1
Page 1 of 2
LIST OF DRAWINGS
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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 HVAC DETAILS
M2.2 HVAC DETAILS AND SCHEDULES
E1.1 FIXTURE SCHEDULE & LEGEND
E2.1 ELECTRICAL SITE PLAN
E3.1 LIGHTING PLAN
E4.1 POWER PLAN
E5.1 SYSTEMS PLAN
E6.1 POWER RISER DIAGRAM & PANELBOARDS
E7.1 DETAILS
END OF LIST OF DRAWINGS
2128/ Augusta Richmond County Fire Station # 12
00015 - 2
Page 2 of 2
LIST OF DRAWINGS
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THE
AMERICAN
INS TIT UTE
o F
ARCHITECTS
AlA Document A201
General Conditi'ons of the Contract
for Construction
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION
WITH AN ATTORNEY IS ENCOURAGED W'ITH RESPECT TO ITS MODIFICATION
1987 EDITION
1 ABLE OF ARTICLES
1. GENERAL PROVISIONS
8. TIME
2. OWNER
9. PAYMENTS AND COMPLETION
3. CONTRACTOR
10. PROTECTION OF PERSONS AND PROPERTY
4. ADMINISTRATION OF THE CONTRACT
11. INSURANCE AND BONDS
5. SUBCONTRACTORS
12. UNCOVERING AND CORRECTION OF WORK
6. CONSTRUCTION BY OWNER OR BY
SEPARATE CONTRACTORS
13. MISCELLANEOUS PROVISIONS
7. CHANGES IN THE WORK
14. TERMINATION OR SUSPENSION OF THE
CONTRACT
This document has been approved and endorsed by the Associated General Contractors of America.
Copyright 1911. 1915. 1918. 1925. 1937, 1951, 1958. 1961, 1963. 1966. 1967. 1970, 1976, @ 1987 by The American Institute of Architects. 1735
New York Avenue. N.W.. Washington. D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecutions.
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W.. WASHINGTON, D.C. 20006
A201-1987 1
to, ,."! f
.,
"
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
AccesstoWork................... .3.16,6.2.1,]2.1
Accident Prevention. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.2.3.]0
ActsandOmissions ... 3.2.1,:I.2.2,3.3.2,3.12.8.3.]8.'l.2.3.-i.3.2,
4.3.9,8.3.1, 10.IA, 10.2.5, 13.4.2,13.7,14.1
Addenda . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . .. 1.1.1,3.11
Additional Cost, Claims for. . . . . . . .. 4.3.6,4.3.7,4.3.9: 6.1.1.10.3
Additional Inspections and Testing. . . . . .. 4.2.6,9.8.2, 12.2. I, 13.?
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.:1.1.1
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.],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.] 2.8,3.18.3,
4.2.7,9.3.2,11.3.1.4, 13.4.2,13.5
Arbltrallon . . . . . . . . . . . . . . . . . . . .. 4.] .4. 4.3.2, 4.3.4, 4.4.4, 4.5,
8.:'-1,10.1.2,11.3.9, ] 1.3.10
Architect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.1
Architect, Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.1.]
Archittoct, Extent of Authority ........ 2.4,3.12.6,4.2,4.3.2,4.3.6,
4.4, 5.2. 6.:~, 7.1.2, 7.2.1, 7.3.6, 7.4,9.2,9.3.1,
9.4,9.5,9.6..\ 9.8.2, 9.8.:~, 9.10.1, 9.10.3,12.1,12.2.1,
13.5.1,13.5.2,1'1.2.2,14.2.4
Architect. Limitations of Authority and Responsihility. 3.3.3,.3. 12.B.
:~.12.11, 4.1.2, 4.2.1, 4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,
4.2.13,4.3.2,5.2.],7.4.9.4.2,9.6.4,9.6.6
Architecr's Additional Services and Expenses. . . . . . . . .. 2.4,9.!U,
11.31.1, 12.2.1,12.2.4, ]3.5.2, 13.5.3, 14.2.4
ArchItect's Administration of the Contract. . . . . . . . .. 4.2,4.3.6,
4.3.7,4.4,9.4,95
Archltect's Approvals 2.4.3.5.1,3.10.2,3.12.6,3.12.8,3:18.3.4.2.7
Architect's Authority 10 Reject Work .... 3.5.1,4.2.6.12.1.2,12.2.]
Architect's Copyright ................................. 1.3
Architect's Decisions.. .. ...... 4.2.6.4.2.7,4.2.11,4.2.12,4.2.13,
4.3.2,4.3.6,4.4.1,4.4.4,4.5, 6.3, 7.:~.6. 7.3.8, 8.1.3. 8.3.1,
9.2, 9.4, 9.<;.1, 9.8.2, 9.9.1, 10.1.2, ] 3.5.2, 14.2.2, 14.2.4
Architect's lnsptoctions . . . . . . . . . ., 4.2.2,4.2.9.4.3.6,9.4.2, 9./l.2,
9.9.2, 9.10.1, 13.5
Architcct'slnstructions.. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1,12.1,13.5.2
Architect's lnterpretation.~. . . . . . . . . . . . . 4.2.11,4.2.12,4.3.7
Architect's On-Site Obstorvations . . . . . . .. 4.2.2,4.2.5,4.:1.6,9.4.2,
9.5.1,9.10.1,1:1.5
ArchiteL'l's Projcct Representative ...... . . . . . . . .. 4.2.1 ()
Architect's Relationship with Contr~Kwr . . . . 1.1.2. ).2.1. ."."2.2,
5.5..'>, .".5.1. 5.7..". 3.11. 3.12.8, 3.12.11, 3.16, ;\.18, 42..", 4.2.4,
4.2.6, -L2.12, <;.2, 6.2.2, n..j, 9.8.2, 11.3.7. 12.1, U.5
Architect's Relationship with Subcontractors. . .. \.1.2,4.2.3,4.2.4.
4.2.6.9.6.3,9.6.4. 11.3.7
Architect's Represemati<)ns. ........ 9.4.2,9.5.1,9.10.1
ArchitcCI'S Site Visits. . . . . . .' 4.2.2.4.2.5, -1.2.9, 4.3.ti. 9.4.2. 9.5. I,
9.8.2.9.9.2. 9.10.1, 1:~.5
. . . . . . . . . .. 1lJ.1
.".18.1,9.10.2. 10.1.4
6.\.1
Asbestos ..... .. ............
:\tturneys' Fees.. .............
A ward t)f Separate Cuntracts. . . .
Award of Subcontracts and Other Contracts for
Portions of the Work .. . . . 5.2
Basic Definitions. . . . . . . . . . . 1.1
lliddingRequirelllcnts....... 1.1 1.1.1.7.5.2.1,11.4.1
Boller and Machinery Insurance . . . . . . . . . . . . . 11.3.2
Ilunds, Lien ..... . . . . . . . . . . . . . . . . . . . . 9.10.2
Bunds, Performance and Payment. 7.:1.6.4,9.10.3,11.3.<.).11.4
INDEX
Building Permit ..................................... 3.7.1
Capitalization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.4
Ccrtificate 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,I.j.2.4
Certitlcatcsoflnspection. Testing or Approval . ... 3.12.11.15.5.4
Certificatesoflnsurancc .................. 9.3.2,9.10.2, 'll.1.3
Change Orders. . . . .. \.1.1. 2.4.1. 3.8.2.4,3.1 ],4.2.8,4.3:3,5.2.3,
7.1,7.2,7.3.2,8.3.1.9.3.1.1,9.]0..\ 11.3.1.2,
11.3.4, 11.3.9, 12.1.2
Change Orders, Definition of .......................... 7.2.1
Changes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7.1
CHANGES IN THE WORK 3.11,4.2.8.7,8.3.1,9.3.\.1,10.1.3
Claim, Definition of.. . . . . . . .. . . .. . '.' . . . .. . . . . .. . . . .. 4.3.1
Claims and Disputes . . . . . . . . . .. 4.3,4.4,4.5,6.2.5,8.3.2,
9.3.1.2,9.3.:1,9.10.4,10.1.4
Claims and Timely Assertion of Claims ................ 4.5.6
Claims for Additional Cost. . . . . . .. 4.3.6,4.3.7,4.3.9,6.1.1,10.3
Claims for Additional Time. . . . . . . . . . .. 4.3.6,4.3.8,4.3.9,8.3.2
Claims for Concealed or Unknown Conditions. . . . . . . . . .. 4.3.6
Claims for Damages.. .3.18, 4.3.9, 6.\.1, 6.2.5, 8.3.2, 9.5.1.2,10.1.4
Claims Subject to Arbitratiun. :. . . . . . . . . . . . . .. 4.3.2, <i.4.4, 4.5.1
Cleaning Up ............,...................... 3.15,6.3
Commencement of Statutory LimitatIon Period .......... 13.7
Commcncement of the Work. Conditions Relating to . . . . . .. 2.1.2,
2.2.1,3.2.],3.2.2,3.7.1,3.10.1,3.12.6,4.3.7.5.2.1,
6.2.2,8.1.2,8.2.2,9.2, 11.1.3, I 1.:~.6, 11.4. I
Commencement of the Work, Definition of . . . . . . . . . . . . . .. 8.1.2
Communications Facilitating Contract
Administration ........................ 3.9.1,4.2.4,5.2. I
Completion, Conditions Relating to . . . . . .. 3.1 1,3.15,4.2.2,4.2.9,
4.3.2.9.4.2,9.8,9.9.1,9.10, 11.3.5,12.2.2,13.7.]
COMPLETION, PAYMENTS AND. . . . . . . . . . . . . . . .. 9
Completion. Substantial. . . : . . . .. 4.2.9,4.3.5.2,8.1.1, /:l.1.3, 8.2.3,
9.a, 9.9.1,12.2.2, I:U
Compliance with Laws...... 1..\ 3.6,.~.7.:I.I\ 4.1.1,10.2.2,11.1,
11.3,13.1,13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3
Conctoaled or Unknown Conditions. . . . . . . . . . . . . . .. .... 4.3.6
ConclitlonsoftheCuntract .................. 1.1.1,1.1.7,6.1.1
Consent. Written.............:.... 1.3.1,3.12.8.3.14.2,4.1.2,
4.3.4.4.5.5,9.3.2.9.8.2.9.9.1,9.10.2,9.10.3,10.1.2,10.1.3,
11.3.1, 11.3.1.4, 11.:-1.11, 1:1.2, n.4.2
CONSTRUCTION BY OWNER OR BY SEPARATE
CONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. \.1.4.6
Construction Change Directive, Definition of. . . . . . . . . .. 7.;1.1
Construction Change Directives. . .. 1.1.1,4.2.8,7.1,7.3,9.5.1.1
Conslruction Schedules. Contractor's. . . . . . . . . . . . . .. ).10.6.1.3
Contingent Assignment of Subcontracts .. 5.4
Continuing Contract Performance . . . . . . . . . . 4.3.4
Contract, Definition of . 1.1.2
CONTRACT, TERMINATION OR
SUSPENSION OF THE. . .. . . . . . . . 4.3.7, 5.4.U. 14
Cuntract Administration. . . . . . . . . . . .. :'>.:\.5.4,9.4.9.5
Cuntrac{ Award and Execution, Conditions Relatin/o\ Ill. . . . .. 5.7.1.
~.I(). 5.2, 9.'2,11.1.:".11..".6,11.4.1
Contract Documents, The .. . . 1.1, 1.2, 7
C< IIHraC{ Documtollts. Copies Furnished and Use of.. 1.3. 2.2.5. 5.~
CUlllract Documents. Dctinition of .. . . . . . . . . . . . . I. I. I
Contract Perfurmance During Arhitration ......... ... 4.:~.4.4.S.5
Contract Sum .. .. . .... ...... 3.8. -1.5.6. '1.3.7, -f.'i.-i. 5.2.3.
().I.3, -:.2, -:.5.9.1,9.7.11.3.1.12.2.4.12.5. \4.2.4
Contract Sum, Detlnitinn of. . . . . . . . . . . . . . . . . . . . . . . . . . .. 9.1
Contract Time ................. 4.5.6, -i.3.H, 4.4.4, 7.2.1..\ 7..'>,
H.2.1, /l..'>.J, Y.7, 12.1.1
Cuntract Time. Definition of . . . . . . . . . . . .. 8.1.1
2 A201-1987
AlA DOCUMENT A201 . GENERAL CONIJITIONS OF TIlE CONTRACT fOR CONSTRUCTION. fOllRTEENTH EDITION
AIAo!i . <91987 THE A~lERICAN INSTITUTE OF ARCHITECTS. 17."5 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 2111106
~ \ "1,, ~l I
.'
CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 3
Contractor. Definition of ..... . . . . . '.' . . . . . . . . . . . .. 3.1,6.1.2
Contractor's Bid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.1.1
Contractor's Construction Schedules. . . . . . . . . . . .. 3.10,6.1.3
Contractor's Employees. . . . . .. 3.3.2.3.4.2.3.8.1,3.9.3.18,4.2.3.
4.2.6,8.1.2,10.2,IO.3,11.1.1,14.2.1.l
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.;
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 RelatilJnship with the Architect .... 1.1.2,3.2.1,3.2.2,
3..L3, 3.5.1, 3.7.3, 3.11, 3.12.8 3.16, 3.18, 4.2.3, 4.2.4, 4.2,6,
4.2.12,5.2,6.2.2.7.3.4,9.8.2, J 1.3.7,12.1,13.5
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 \Vork . . . . . . . . . . . . .. ... 3.3.2,3.18,4.2.3,10
Contractor's Review of Contract Documents ...... 1.2.2,3.2,3.7.3
Contractor's Right to Stop the \'(Iark . . . . . . . . . . . . . . . . . . . . " 9.7
Contractor's Right to Terminate the Contract. . . . . . . . . . . . .. 14.1
Contractor'sSubmittals .. .. ... 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,
7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2,
9.1CU, 10.1.2, 11.4.2, 11.4.3
Contractor's Superintendent. . . . . . . . . . . . . . . . . . . . " 3.9, 10.2.6
Contractor's Supervision and Construction Procedures. . . . .. 1.2.4,
3.3,3.4,4.2.3,8.2.2,8.2.3, 10
Contractual Liability Insurance. . . . . . . . . . . . . . . .. 11.1.1.7, 11.2.1
Coordination and 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.i.3
'Cost, Definition of . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7.3.6, 14.'.3.5
Costs . . ., 2.4, :'-2. 1,3.7.4,3.8.2,3.15.2.4.3.6,4.3.7,4.3.8.1,5.2.3,
6. 1.l , 6.2.3. 6.3. 7.3..n, 7.3.6, 7.3.7, 9.7,9.8.2,9.10.2, 11.3.1.2,
11.3.1.3.11.3.4,11.3.9,12.1,12.2.1,12.2.4.12.2.5.13.5,14
Cutting and Patching. . . . . . . . . . . . . . . . . . . . . . . . . .. 3.14,6.2.6
Damage to Construction of Owner or Separate Contractors 3.14.2,
6.2.4.9.5.1.5,10.1.1.2,10.2.5,10..3,11.1,11.3.12.2.5
Damage to the Work. . . .. 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.3. 11..3
Damages. Claims for.. :U8, 4.3.9, 6.1.1, 6.2.5. 8.3.2, 9.5.1.2.10.1.4
Damages for Delay. . . ... ............ .. 6.1.1,8.3.3.9.5.1.6,9.7
Date of Commencement of the Work, Definition of . . . : . . . .. 8.1.2
Date of Substantial Completion, Definition of. . . . . . . . . . . . .. 8.1.3
Day. Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8. 1.4
DecisionsoftheArchitect...... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,
4.3.2,4.3.6. 4.4.1. 4.4.4. 4.5. 6.3, 7.3.6. n.H, S. 1.3, 8.3.1,9.2,
9.4.9.5.1. 9.8.2, 9.9.1,10.1.2,1).5.2. H.2.2. 14.2.4
Decisions to Withhold Certification 9.5, 9.7, 14.1.1.3
Defective or Nonconfurming Work, Acceptance,
Rejection and Cnrrection uf . . . . . . . .. 2.3.2.4, .".5.1,4.2.1,
-'i.2.6, 4.5.5, 9.5.2,9.8.2,9.9.1, 10.2.5, 12, l.n.1.3
Defecti\'e \'>;'ork. Definition of .. . . . . . . . . . . . . . . . . . . . . . .. 5.5.1
Definitions...... 1.l.2.1.1.3.1,5.5.1.3.12.1,_".12.2,.".12.3,~.1.1.
.d.1, 5.1. 6.1.2,7.2.1,7..".1,7.5.6, 1:l.1, 9.1, 9.8.1
Delays and Extensions of Time. . . .. 4.3.1.4.3.8.1, 4.3.H.2.
6.1.1,6.2.3.7.2.1,7..'-1: 7.3.4, 7.:'>.5, n.8.
7.3.9.8.1.1.8.3,10.:-\.1.14.1.1.4
Disputes. . ... ... .... 4.1 A. 4.3. 4.4. 4.5, 6.2.5. 6.3.7.5.8.9..'>.1.2
Documellls and Samples ;It the Site. . . . . . . . . . . . . . . . . . . . .. .'>.11
Drawings. Detinition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.1.5
Drawings and Specilkations. Use and Ownership uf. .. 1.1.1. 1.3.
2.2.5. 3.11, 5.3
Dutv to Hevin\' Contract Documents and field Conditions. 5.2
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,
_'>.18.2.4.2.3,4.2.6,8.12.10.2.10.3, 11.1.],14.2.1.1
Equipment. Labor. Materials and. . . . . . . . .. 1.1.3, 1.1.6,3.4, Vi. 1 ,
3.8.2,3.12.3.3.12.7,3.12.11,3.13,3.15.1,4.2.7,
6.2.1,7.3.6,9.3.2,9.3.3,11.3, 12.2.4,14
Execution and Progress of the Work. . . . . .. 11.3, 12.3,3.2.3.4.1,
3.5.1, 4.2.2, 4.2.3, 4.:'-4, 4.3.8, 6.2.2, 7.1.3.
7.3.9,8.2,8.3,9.5,9.9.1,10.2, 14.2, 14.3
Execution, Correlation and Intent of the
COlllracr Documents. . . . . . . . . . . . . . . . . . . . . . . . .. 1.2,3.7. I
ExtensiunsofTime ............ 4.5.1,4.3.H,7.2.1.3,8.3,IO.5.1
I'ailure of Payment by Contractor .............. 9.5.1.3,14.2.1.2
Fail,ure of Payment by Owner . . . . . . .. . . .. 4.3.7,9.7,14.1.3
Faulty Work (See Defective or Nonconforming Work)
Final Completion and Final Payment ........ 4.2.1,4.2.9, -1.3.2.
4.3.5,9.10,111.2,11.1.3,11.3.5,123.1,13.7
Financial Arrangemellls, Owner's....................... 2.2.1
Fire and Extended Cuverage Insurance . . . . . . . . . . . . 11.3
GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
Governing Law .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13.1
Guarantees (See Warranty and W;urantles)
Hazardous Materials. . . . . . . . . . . . . . . . . . . . . . . . . . .. 10.1. 10.2.4
Identification of Contract Documents .......... . . . . . . . .. ] .2.1
Identification OfSllbcolllractors and Suppliers. . . . . . . . . . . .. 5.2.1
Indemnification....... 3.17,3.18,9.10.2,10.1.4, 11.3.1.2,11.3.7
Information and Services Required of the Owner. . . " 2.1.2.2.2,
4.:'-4. 6.1.:\ 6.1.4, 6.2.6, 9.3.2, 9.6.1,9.6.4, 9.H.3, 9.9.2.
910.3,10.1.4,11.2.11.3,1.'>.5.1,13.5.2
Injury or Damage to Person or Property. . . . . . . . . . . . . . .. 4.3.9
Inspections......................... 5.5.3,3.3.4,5.7.1,4.2.2,
4.2.6, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10. J. 1:".5
Instructions to Bidders. . . . . . . . . . . . . . . . . . . . . . . . . .. 1.1. I
Instructions to the COlllractor . .. 3.8.1,4 .Z.R, 5.2.1, 7, 12.1, 15.5.2
Insurance. . . . . .. 4.3.9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.] 0.2, 11
Insurance, Boller and Machinery . . . . . . . . . . 11.3.2
Insurance, Contractor's Liability. . . . . . . . . . . . . . . . . . . . .. 11..1
Insurance. Effective D;Hcuf ........... ..... H.2.2,11.1.2
Insurance, Loss of Use. . . . . . . . . . . . 11..".5
Insurance, Owner's Liability. . . . . . . . . . . . . . . .. 11.2
Insurance, Property. . . , . . . . . . . . . . .. llJ.Z,'5, 11.3
Insurance, Stored Materials ... . .. 9..,>.2, 11..'>.1.4
INSURANCE AND BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
Insurance Companies, Consent to Partial Occupancy. .9.9.1, 11.;'>.11
Insurance Companies, Settlement with. . . . . . . . . . . . . . . .. II.:". J ()
Illlentoftl1e Cuntract Documents. . . . . . . . . . 1.2.5, :\.12.4,
4.2.6.4.2.7.4.2.12.4.2.1.'>.7.4
Interest. . . . . . . . . . . .. 13.6
Interpretation. . 1.2.5. 1.4.1.5,4.1.1,4.3.1.5.1,6. J .2,8.1.4
Illlerprctations. Wri([en .. 4.2.11.4.2.12.4.5.7
.1nin'der and Cun~olidatioll ur Claims Required 'i.5.h
Judgment on Final Award .............. 4.5.1,4.5.4.1.4.5.7
Labor and Malerlals, Equipment. ., 1.1.:~. 1.1.6,3.4,3.5. J, :~.H.2,
;'>.12.2. .~.12.:", 3.12.7. 3.12.11. 5.1"', :\.15.1,
~.2.7. 6.2.1, 7..'>.6, ').3.2, 9.3."'. ILl.4. 14
LablH Disputes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. H.5.1
Laws and ReglllatilJn~ .. I..\, .".6, 3.7. 5.1.".4.1.1,4.5.5. -I. S. 7.
').').1. 11l.2.2, J 1.1.11.5.13.1,13.4,15.5. J, 13.5.2. 15.6
Liens........ 2.1:2.4.:'-2.4.:-\.5.1, 1:L2.2, 9.3.5. 9.111.2
Limitation on Consolidation or Joinder 4.5.5
Limitatioll~.Statute~lli ...:............... 4.5.4.2.12.2.6.13.7
l.imitatiollsllfAuthority.................... :".5.1,4.1.2.4.2.1.
4.2.:". 'i.2.7, 4.2.10. 5.2.2. 5.2.4, 7.4,1 U.IO
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIA'!I . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1755 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 211(11)(\
A201.1987 3
"
'! 1
LimitationsofLiabilitv.. .... 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.11,
3.17,3.18: 4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4,9.10.4,
10.1.4,10.2.5, 11.1.2,11.2.1,11..3.7, 13.4.2,13.5.2
Limitations of Time. General ........... 2.2.1,2.2.4,3.2.],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. I, 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, 13.5,1.3.7
LimitalionsofTime.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. I, 9.3.3, 9.4.1. 9.6.1, 9.7, 9.8.2, 9.10.2, 1 I. 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'
i'\'lateriaISuppliers.............. 1.3.1,3.12.1,4.2.4.4.2.6,5.2.1,
9.3. I, 9.3.1.2. 9.3.3, 9.4.2, 9.6.5, 9. I 0.4
Materials, Hazardous. . ......... ........ ........ 10.1,10.2.4
Materials, Labor, Equipment and . . . .. 1.1.3, 1. I .6,3.4,3.5. 1,3.8.2,
:U2.2, 3.12.3, 3.12.7, 3.12.11. 3.13, 3.15.1, 4.2.7, 6.2.1,
7.3.6,9.3.2,9.3.3,12.2.4,14
Means. Methods, Techniques, Sequences and
Procedures of Construction .... ... ", 3.3.1,4.2.3,4.2.7.9.4.2
Minor Changes In the Work. . . . . . . . .. 1.1.1,4.2.8,4.3.7,7.1,7.4
MISCELLANEOUS PROVISIONS. . . . . . . . . . . . . . . . . . . . . . .. 13
Modifications, Definition of . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.1.1
ModificationslOtheCol1lract ........... 1.1.1.1.1.2,3.7.3,3.11.
4.1.2,4.2.1.5.2.3.7,8.3.1,9.7
Mutual Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6.2
Nonconforming Work, Acceptance of . . . . . . . . . . . . . . . . .. 12.3
Nonconforming Work, Rejection and Correction of . . . . . . .. 2.3.1,
4.3.5,9.5.2,9.8.2,12,13.7.1.3
Notice. . . . . . . . . . . .. 2.3,2.4,3.2. 1,3.2.2.3.7.3,3.7.4,3.9,3.12.8,
3.12.9,3.17,4.3.4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2.9.4.1,
9.5.1,9.6.1,9.7,9.10, 10.1.2, 10.2.6, 11.1.3,11.3, 12.2.2,
12.2.4,1.3.3, 13.5.1,1:\.'1.2.14
Notice, Written . .. ., .... 2.:,>,2.4,3.9,3.12.11,3.12.9,4.3,
.' 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
NoticeofTesting:md Inspections................ 13.5.1,13.5.2
Notice to Proceed. . . .. ........................... 8.2.2
Notices, Permits, Fees and ...... 2.2.3,3.7, 3.U, 7.?.6.4, 10.2.2
Observatiuns, Architect's On-Site ................. 4.2.'2. -1.2.5,
4.3.6,9.4.2,9.5.1,9.]0.1,13.5
Observations. Contractor's. . . . . . . . . . . . . . . . . . . . . .. 1.'2.2,3.2.2
Occupancy. . . . . . . . . . . . . . . . . . . . . . . .. 9.6.6,9.8.1,9.9, 11.3.11
On-Site Inspections by the Architect .......... 4.2.2,4.2.9, -d.G,
9.4.2,9.8.2.9.9.2.9.10.1
On-Site Observations by the Architect. . . . . . . .. 4.2.2,4.2.5. '1.3.6,
9.4.2,9.5.1,9.10.1,1:'>.5
Orders, Written............ 2.:'>,3.9,4.:-1.7,7,8.2.2,11.3.9,12.1,
12.2, 1:'>.5.2, 14.3.1
OWNER . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Owner. Definition of . . . . . . . . . . . . . .. ......... 2.1
Owner, Information and Services Required of the .2.1.2.
2.2,4.:'>.-1.6,9.10.1.4,11.2, 1U. 13.5.1. 14.1.1.5, 14.1.3
Owner's Authority . . . . . . . .. ).8.1,4.1..3,4.2.9.5.2.1,5.2.4.5.4.1.
~5.1. 8.;;.2, 9.:\.1. 9.:'>.2,11.4.1. 12.2.''1, 13.5.2, 14.2, 14.3.1
Owner's Financial Capability. . . . . . . . . . .. 2.2.1. 1-1. I.l.5
Owner's Liability Insurance ........ ............ 11.2
O".ner's Loss of Use Insurance. . . . . . . . . . . . . . . . . . .. ... 11.3.3
Owner's !{elationship with SubcuntractOrs . . . .. 1.1.2,
5.2.1,5.-1.1,9.6.4
2.'1. 12.2.'1, H.2.2.2
()wner's Right to Carry Out the Work.
Owner's Right to Clean Up . . . . . . . . . . . .
. .. 6.3
Owner's Right to Perform Construction and to
Award Separate Contracts. . . . . . . . . . . . . . . . . . . . . . . .. 6.1
Owner's Right to Stop the Work. . . . . . . . . . . . . . . . . .. 2.3,4.3.7
Owner's Right to Suspend the Work . . . . . . . . . . . . . . . . . . . ., 14.3
Owner's Right to Terminate the Contract . . . . . . . . . . . . . . . .. 14.2
Ownership and Use of Architect's Drawings, Specifications
and Other Documents ................ 1.1.1,1.3,2.2.5.5.3
Partial Occupancy or Use . . . . . . . . . . . . . . . .. 9.6.6,9.9, 1 (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,
9.5.1,9.8.3,9.10.1,9.10.3,9.10.4,14.2.4
Payment, Certificates for. . . . . . . . . .. 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.:'>.9. 11.4
Permits, Fees and Notices. . . . . .. i2.2.3, 3.7,3.13.7.3.6.4. lO.2.2
PERSONS AND PROPERTY, PROTECTION OF . . . . . . . . . . .. 10
Polychlorinated Biphenyl . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10.1
Product Data, Definition of. . . . . . . . . . . . . . . . . . . .. 3.12.2
Product Data and Samples, Shop Drawings 3.11,3.12,4.2.7
Progress and Completion. . . . . . . . . . . . . . . . . .. 4.2.2,4.3.4,8.2
Progress Payments ............................ 4.3.4.9.3,
9.6, 9.8.:'>, 9. I 0..\ 13.6, 14.n
Project, Definition of the. . . . . . . . . . ; . . . . . . . . . . . . . .'. . .. 1.1.4
ProJect Manual, Definition of the ...................... 1.1.7
Project1\'lanuals ........ ............ 2.2.5
Project Representatives ..... . .. . ...... ...... 4.2.tO
Property Insurance...... ...... ........... 10.2.5.11.3
PROTECTION OF PERSONS AND PROPERTY. . . . . . . . . . . .. 10
Regulations and Laws . . . . . . . . . . .. l:~, 3.6, 3.7, 3.13, 4.1. 1,4. '5. '5,
4.5.7,10.2.2, 11.1. 11.:~, 13.1, 13.4, 13.'5.1, 13.5.2. 1:'>.6. 14
RejectionufWork ......................... 3.5.1,4.2.6,12.2
Rekases of \'\/aivers and Liens. . . . . . . . . . . . . . . . . . . . . . . .. 9.1 1l.2
RepreSel1laliuns.... .......... 1.2.2,3.5.1.5.12.7,
6.2.2.8.2.1,9.3.3,9.4.2,9.5.1,9.8.2.9.IIJ.l
Hepresematives.................. 2.1.1. :~.I.1. :'>.9,
4.1.1.4.2.1,4.2.10,5.1.1, '5.1.2,1:'>.2.1
Resolution of Claims and Disputes. . . . . . . . . . . . . . . . .. 4.4,4.5
Responsibility for Those Performing the Work. . . . . . . .. 3.3.'2.
4.2.3,6.1..\ 6.2. ]()
Retainage ... ........... 9._~.1. 9.6.2, 9.8.3, ',).9.1, 9.10.2, ',).10.:~
Review of Contract Documents and Field
Conditions by Contractor. . . . .
Re\'ie\'\' of Contractor's Submittals by
. O,,'ner and Architect ......
1.2.2, 3.2, 3.7.:~. 5.12.7
3.10.1,3.10.2.3.11.5.12.
4.2.7. 4.2.\>,'1.2.1, 5.2.3. 9.2. 9.8.2
Re\'!ew '.of :;hup Drawings, Product Data
and Saniples by Cuntractor.... .. . .. . ... .'. .. . .. .... 3.12.1
Rights and Remedies ... . 1.1.2.2.3,2.-i.:'>.5.I,;U'5.2.
'1.2.6. ..d6. -1.5. 5..'>, 6.1, 6.3. 7..'>.1. 11.;1.1. 9.5.1. 9.7.10.2.5.
10.3,12.2.2, 12.2.4.13.4, 14
Royalties and Patents. . . . . . . . . . . . . . . .. 3.17
4 A201-1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRlICTlON . roURTEENTH EDITION
AIA~' . @19R7 THE AMERICAN INSTITUTE Of AHCHITECTS. I ;.~5 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 211UII6
" I j
./
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 ... 3.1],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
SeparateCo11lractsandContractors.......... 1.1.4,3.14.2,4.2.4,
. 4.5.5,6, ] 1.3.7,12.1.2, 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. I, 13.5
Specifications, Definition of the. . . . . . . . . . . . . . . . . . . . . " 1.1.6
Specifications, The.......... 1.1.1,1.1.6,1.1.7,1.2.4,1.3,3.11
Statutes of Limltations .................... 4.5.4.2,12.2.6,13.7
Stoppingthe\\'ork............. 2.3, 'i.3.7, 9.7,10.1.2, ]0.3, 14.1
Stored Materials. . . . . . . . . .. 6.2.],9.3.2, 10.2.1.2, ] 1.3.1.4, 12.2.4
Subcontractor, Definition of. . . . . . . . . . . . . . . . . . . . . . . . . .. 5.1.1
SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
Subcontractors, Work by. .. ...... .. ... .... 1.2.4,3.3.2,3.12.1,
4.2.3, 5.3, 5.4
Subcontractual Relations. . . . . . . . . . . . .. 5.3,5.4.9.3.1.2,9.6.2.
9.6..~, 9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, ]4.3.2
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.~). 1 , 9.8.2, 9.9.1, 9.10.2, 9. I 0.3, ] O. 1.2, 11.1.~)
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.],12.2.2,13.7
Substantial Completion, Definition of. . . . . . . . . . . . . . . . . . .. 9.8. I
Substitution of Subcontractors . . . . . . . . . . . . . . . . . . .. 5.2.3.5.2.4
Substitution of the Architect. . . . . . . . . . . . . . . . . . . . . . . . . " 4.1.3
Substitutions of Materials . . . . . . . . . . . . . . . . . . . . . . . . .. . .. .).5.1
Sub-subcontractor, Definition of . . . . . . . . . . . . . . . . . . . . 5.].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, -1.3.4.6.1.3,6.2.4,7.1..).7.3.4,8.2,8.3.]. ]0, 12. ]4
Surety............... 4.4.1,4.4.4,5.4.1.2,9.10.2,9.10.3,1'1.2.2
Surety, Conscl1l of. .. ...... ... . .. .. . ..... 9.9.1,9.10.2,9.10.3
Sur\'eys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2.2.2.3.18.3
Suspension by the Owner for Convenience ............. 14.3
Suspension of the Work ............. 4.3.7,5.4.2,14.1.1.4.14.3
Suspension or Termination of the Contract ...... 4.3.7,5.4.1.1,14
Taxes ...................................... 3.6,7.3.6.4
Termination by the Contractor. . . . : . . . . . . . . . . . . . . . . .. 14.1
Termination by the Owner for Cause. . . . . . . . . . . .. 5.4.1.1,14.2
Termination of the Architect. . . . . . . . . . . . . . . . . . . . . . . . .'. 4.1.3
Termination of the Contractor. . . . . . . . . . . . . . . .. . . .. . .. 14.2.2
TERMINATION OR SUSPENSION OF THE CONTRACT. . . . .. 14
Tests and Inspections ..... 3.3.3,4.2.6,4.2.9,9.4.2, 12.2.1,13.5
TIME............................................... 8
Time, Delays and Extensions of . . . . . . . . . . . . .. 4.3.8, 7.2.1.8.3
Time Limits, Specific ... . . . . .. 2.1.2,2.2.1,2.4, 3.10, 3.11, 3.15.1,
4.2.1,4.2.11,4.3,4.4.4.5,5.3,5.4,7.3.5,7.3.9,8.2, 9.2, 9.3.1,
9.3.3, 9.4..1, 9.6.1, 9.7, 9.8.2, 9. I 0.2, 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 Psyment . . . . . . . . . .. 4.3.5,4.5. 1,9.10.3
Waiver of Claims by the Architecl. ..................... 13.4.2
Waiver of Claims bv the Contractor. ........ 9.10.4,11.3.7.13.4.2
Waiver of Claims b;' the Owner .............. 4.3.5.4.5.1,9.9.3,
. 9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2
Waiver of Liens. . .. ... ... .. . .. . .... .. ... .. . ..... ... 9.10.2
Waivers of Subrogation ................... 6.1.1.11.3.5.11.3.7
Warranty and Warranties. . . . . . . . . . . . . . . . . . . . . . . .. 3.5,4.2.9,
4.3.5.3. 9.3.3, 9.8.2, 9.9.1, 12.2.2. 13.7.1.3
Weather Delays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.3.8.2
When Arbitration May Be Demanded . . . . . . . . . . . . . . . . .. 4.5.4
Work. Definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.1.3
Wriuen Consent. . . . . . . . . . . . .. ] .3.],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.1..~.
11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2
\Vriuen Interpretations. . .... . .. . ... ... ... 4.2.11,4.2.12.4.3.7
Written Notice.. .. .... . .. 2.3,2.4,3.9,3.12.8,3.12.9,4.3,4.4.4.
4.5,5.2.1,5.3.5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10.10.1.2,
10.2.6,11.1.3, 11.3. 12.2.2, 12.2.4,13.3, 13.5.2, 14
\X'rilten Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2.3,3.9,4.3.7,
7,8.2.2,11.3.9. 12.1, 12.2. 13.5.2. 14.3.1
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDtTlON
AIA~' . @1987 THE A~IERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W" WASHINGTON. D.C. 20006
A201-1987 5
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GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
ARTICLE 1
GENERAL PROVISIONS
1.1 BASIC DEFINITIONS
1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents consist of the Agreement between
Owner and Contractor (hereinafter the Agreement), Conditions
of the Contract (General, Supplementary and other Conditions),
Drawings, Specifications, addenda issued prior to execution or
the Contract. other documents listed in the Agreement and
Modifications issued after execution of the Contract. A Modifi-
cation is (1) a written anlendment 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 fomls, the
ContractOr's bid or portions of addenda relating to bidding
requirements). .
1 .1.2 THE CONTRACT
The Contract Documents form the Contract for Construction.
The Contract represents the entire and integrated agreement
between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. The Con-
tract may be amended or modified only by a Modification. The
Contract Documents shall not be construed to create a contrac-
tual relationship of any kind (1) between the Architect and Con-
tractOr, (2) between the Owner and a Subcontractor' or Sub-
subcontractor or (3) between any persons or entities other than
the Owner and Contractor. The Architect shall. howevcr, be
entitled to performance and cnforcement of obligations under
the Contract intended to facilitate performance of the
Architect's dutics.
1.1.3 THE WORK
The term "Work" means the construction and services
requircd by thc Contract Documenrs, whethcr completed or
partially completed. and includcs all other labor, materials, I
equipment and scrvices provided or to be provided by the
ContractOr to fulfill the Contractor's obligations. The Work
may constitute the whole or a part of thc Project.
1.1.4 THE PROJECT
Thc Project is the total construction of which the Work per-
formed under the Contract Documcnts may be the whole or a
part and which may include construction by the Owner or by
separatc contractors.
. 1.1.5 THE DRAWINGS
The Drawings are the graphic and pictorial portions of the Con-
tract Documents. wherever located and whene\.'er issued,
showing the design, location ancl dimensions of the \X1ork,
generally including plans, elevations, sections, details, sched-
ules and diagrams. .
1.1.6 THE SPECIFICATIONS
Thc Specifications are that portion of the Contract Documents
consisting of the \vrillen requiremcnL~ for materials, equip-
ment, construction systems, standards and workmanship for
the Work, and performance of related services.
1.1.7 THE PROJECT MANUAL
The Project Manual is the volume usually assembled for the
Work which may include the bidding requirements. sample
forms, Conditions of the Contract and Specifications.
1.2 EXECUTION, CORRELATION AND INTENT
1.2.1 The Contract Documer..~ ollal1 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
Docunlents, the Architect shall identify such unsigned Docu-
ments upon request.
1.2.2 Execution of the Contract by the Contractor is a rcpre-
sentation that the Contractor has visited the site, become famil-
iar with local conditions under which the Work is to be per-
formed and correlated personal observations with require-
ments of the Contract Documents.
1.2.3 The intent of the Contract Documents is to include all
items necessary for the proper execution and completion of the
Work by the Contractor. The Contract Documents are comple-
mentary, and what is required by one shall be as binding as if
required by all; performance by the Contractor shall be
required only to the extent consistent with the Contract Docu-
ments and reasonably inferable from them as being necessaty
to produce the intended results.
1.2.4 Organization of the Specifications into divisions, sections
and articles, and arrangcment of Drawings shall not control the
ContractOr in dividing the Work among Subcontractors or in
establishing thc extent of Work to be performed by any trade.
1.2.5 Unlcss otherwise stated in the Contract Documents.
words which have well-known technical or construction indus-
try meanings are used in the Contract Documents in accord-
ance with such recognized meanings.
1.3 OWNERSHIP AND USE OF ARCHITECT'S
DRAWINGS, SPECIFICATIONS AND OTHER
DOCUMENTS
1.3.1 Thc Drawings, Specifications and other documents
prepared by the Architcct are instruments of the Architect's
servicc 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 matcrial or equipment supplicr shall own or
claim a copyright in the Drawings. Specifications and other
documcnts prcparcd by the Architect, and unless otherwise
indicated the Architect shall be dcemed the author of them ;md
. will retain all common law, 'statutory and othcr rescrved rights,
in addition to thc copyright. All copies of them. except the
Contractor's record set. shall be returned or suitably accounted
for to the Architect, on rcqucst, upon completion of the Work.
The Drawings, Spccifications and other documents prepared
by the Architect, and copies thercof furnished to the Contrac-
tor. are for use solcly 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-
cctS or for additions to this Projcct outside the scope of the
6 A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIA<!) . @1987 THE A~IERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. :-JW.. \~'ASHINGTON, D.C. 2tx}1l6
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\X'ork without the specific written consent of the Owner and
Architect. The Contractor, Subcontractors, Sub-subcontractors
and material or equipment suppliers are granted a limited
license to use and reproduce applicable portions 01' the Draw-
ings, Specifications and other documents prepared by the
Architect appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made under
this license shall bear the statutOry copyright notice, if any,
shown on the Drawings, 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 include
those which are (1) specifically defined, (2) the titles of nuln-
bered articles and identit1ed references to Paragraphs, Subpara-
graphs and Clauses in the document or (3) the titles of other
documents published by the American Institute of Architects.
1.5 INTERPRETATION
1.5.1 In the interest of brevity the Contract Documents fre-
quently omit modifying words such as "all" and "any" and arti-
cles such as "the" and "an," but the fact that a modifier or an
article is absent from one statement and appears in another is
not intended to affect the interpretation of either statement.
ARTICLE 2
OWNER
2.1 DEFINITION
2.1.1 The Owner is the person or entity identit1ed as such in
the Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Owner" means
the Owner or the Owner's authorized representative.
2.1.2 The Owner upon reasonable written request shall furnish
to the Contractor in writing information which is necessary and
relevant for the ContractOr to evaluate, give notice of or
enforce mechanic's lien rights. Such information shall include a
correct statement of the record legal title to the property on
which the Project is located. usually referred to as the site, and
the Owner's interest therein at the time of execution of the
Agreement and. within live days after any change, information
of such change in title. recorded or unrecorded.
2.2 INFORMATION AND SERVICES
REQUIRED OF THE OWNER
2.2.1 The Owner shall. at the request of tile Contractor. prior
to execution of the Agreement and promptly from time to time'
thereafter, furnish to the Contractor reasonable evidence that
t1nancial arrangements have been Illade to fulfill (he Owner's
oblig;uions under the Contract. (Note: UI/less sllcb reasol/able
I!l'idellCl! /wre jilJ'/lisbed Oil rel/lles, prior to 'be I!.\'eculioll of
Ibe Agreemelll. Ibe jJrosjJecliue wlllraCior would 1101 be
l't'l/lIired 10 e.\'I!rllle Ibe t1gree/lwlll or '0 cOII/mel/ce Ibe IFork.]
2.2.2 The Owner shall furnish surveys describing physical
characteristics. legal limitations and utility 10c;Jtions for the site
of the Project. and a legal description of the site.
2.2.3 Except for permits ancl fees ~\'hich are the responsihiJity
of the COlHractor under the Contract DocumelHs, the Owner
shall secure and pay for necessary approvals. easements. assess-
ments and ch;Jrges 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
;J\'oid delay in orderly progress of the \V'ork.
2.2.5 Unless otherwise provided in the Contract Documents,
the Contractor will be furnished, free of charge, such copi'es of
Dr;Jwings and Project Manuals 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 enumewed 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 a.nd 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 Paragr;Jph 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 specit1cally 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 SlOp the Work shall not give rise to a duty on the part
of the Owner to exercise this right for the benefit of the Con-
tractor or any other person or entity, except to the extent
required by Subparagraph 6.1.3.
2.4 OWNER'S RIGHT TO CARRY OUT THE WORK
2.4.1 If the Contractor def;llIlts ur neglects to carry out. the
Work in accordance with the Contract Documents and fails
within a seven-day period after receipt of written notice from
the Owner to commence and continue correction of such
default or neglect with diligence and promptness, the. Owner
may after such seven-day period give the Contractor a .~econd
written notice to correct such det1ciencies within :1 .~econd
seven-clay period. If the Contractor within such second seven-
day peri,od after receipt of such second notice fails to com-
mence and continue to correct any detlciencies, the Owner
may, without prejudice to uther remedies the Owner may
have. correct such dellciencies. In such case an appropriate
Change Order shall be issued cleducting from payments then or
thereafter due the Contr:lctor the cost of correcting such det]-
ciencies, including compensation for the Architecr's additional
services anu expenses made necessary by sucl1 default, neglect
or failure. Such action by the Owner and amounts cl1arged to
tile Cuntractor are both subject to prior appro"al of the Archi-
tect. [I' paymenrs then ur thereafter due thc Contractor are not
suftlciel1t to cover such amounts. the COlHracror shall pay the
difference ro the O""ner.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The Contractor is the person or entity identified as such
in the Agreement and is referred to tl1ri.>ughout the Contract
Documents as if singular in number. The term .. Contractor"
means the Cuntractor or the Contractor's authllJ'ized
representative.
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIA~ . @ IY8i THE A~IERtCAN INSTITUTE OF ARCHITECTS. 17.~S NEW YORK AVENUE. N.\V.. WASHINGTON. D.C. 2(11111(,
A201-1987
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3.2 REVIEW OF CONTRACT DOCUMENTS AND
FIELD CONDITIONS BY CONTRACTOR
3.2.1 The Contractor shall carefully study and compare the
Contract Documents with e-ach other and with information
furnished by the Owner pursuant to Subparagraph 2.2.2 and
shall at once report to the Architect errors, inconsistencies or
omissions discovered. The Contractor shall not be liable to the
Owner or Architect for damage resulting from errors, inconsis-
tencies or omissions in the Contract Documents unless the
Contractor recognized such error, inconsistency or omission
and knowingly failed to report it to the Architect. If the Con-
tractor performs any construction activity knowing it involves
a recognized error, inconsistency or omission in the Contract
Documents without such notice to the Architect, the Contrac-
tor shall assume appropriate responsibility for such perfor-
mance and shall bear an appropriate amount of the attributable
costs for correction.
\
3.2.2 The Contractor shall take field measurements and verify
field conditions and shall carefully compare such field mea-
surements and conditions and other information known to the'
Contractor with the Contract Documents before commencing
activities. Errors, inconsistencies or omissions discovered shall
be reported to the Architect at once.
3.2.3 The Contractor shall perform the Work in accord:mce
with the Contract Documents and submittals approved pur-
suant to Paragraph 3.12.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall supervise and direct the Work,
using the Contractor's best skill and attention. The Contractor
shall be solely responsible for and have control over construc-
tion means, methods, techniques, sequences and 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 deter-
mine that such portions are in proper condition to receive sub-
sequent Work.
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract Documents,
the Contractor shall provide and pay for labor, materials, equip-
ment, tools, construction equipment and machinery, ,vater,
heat, utilities, transportation. and other facilities and services
necessary for proper execution and completion of the Work,
whether temporary or permanent :lnd whether or nor 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 v.'ith 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 rernedy for damage or defect caused by
abuse, modifications not executed by the Contractor, improper
or insufficient maintenance, improper operation, or normal
wear and tear under normal usage. If required by the Architect,
the Contractor shall furnish satisfactory evidence as to the kind
and quality of materials and equipment.
3.6 TAXES
3.6.1 The ContractOr shall pay sales, consumer, use and similar
taxes for the Work or portions thereof provided by the Con-
tractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely
scheduled to go into effect.
3~ 7 PERMITS, FEES AND NOTICES
3.7.1 Unless otherwise provided in the Contract Documents,
the Contractor shall secure and pay for the building permit and
other permits and governmental fees, licenses and inspections
necessary 'for proper execution and completion of the Work
which are customarily secured after execution of the Contract
and which are legally required when bids are received or nego-
tiations concluded.
3.7.2 The Contractor shall comply with and give notices
required by laws, ordinances, rules, regulations and lawful
orders of public authorities bearing on performance of the
Work.
3.7.3 It is not the Contractor's responsibility to ascertain that
the Contract Documents are in accordance with applicable
laws. statutes, ordinances, building codes, and rules and regula-
tions. However, if the Contractor observes that portions 'of the
Contract Documents are at variance therewith, the Contractor
shall promptly notify the Architect and Owner in writing, and
necessary changes shall be accomplished by appropriate
Modification.
3.7.4 If the Contractor performs Work knowing it to be con-
trary to laws, statutes, ordinances, building codes. and rules and
regulations without such notice to the Architect and Owner,
the Contractor shall assume full responsibility for such Work
and shall bear the attributable costs.
3.8 ALLOWANCES
3.8.1 The ContractOr shall include in the Contract Sum all
allowances statep 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 all allowance shall be
selected promptly by the Owner to avoid delay in the
\'lork;
.2 allowances shall cover the cost to the Contractor of
materials and equipment delivered :It the site and all
required taxes, less applicable trade discounts;
8 A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT fOR CONSTRUCTION' FOURTEENTH EDITION
AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHIT!,CTS. 1735 NEW YORK AVENUE, N.W" WASHINGTO;'ll, D.C. 20006
t '
.3 Contractor's costs for unloading and handling at the
site, labor, installation costs, overhead, profit and
other expenses contemplated for stated allowance
anlOunts 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 (I) 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 during performance of the Work. The superinten- .
dent shall represent the Contractor, and communications given
to the superintendent shall be as binding as if given to the Con-
tractor. Important communications shall be confirmed in writ-
ing. Other communications shall be similarly confirmed on
written request in each case.
3.10 CONTRACTOR'S CONSTRUCTION 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 \'<'ork.
3.10.2 The Contractor shall prepare .1l1d keep current, for the
Architect's approval, a schedule of submittals which is coordi-
nated with the Contractor's constmction schedule and allows
the Architect reasonable time to review submittals.
3.10.3 The Contractor shall conform to the most recent
.schedules.
3.11 DOCUMENTS AND SAMPLES AT THE SITE
3.11.1 The Contractor shall maintain at the site for the Owner
one record copy of the Drawings, Specifications. addenda,
Change Orders and other Modifications, in good order and
marked currently to record changes and selections made during
construction, and in addition approved Shop Drawings, Prod-
uct Data, Samples and similar required submittals. These shall
be available to the Architect and shall be delivered to the Archi-
tect for submittal to the Owner upon completion of the Work.
3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
3.12.1 Shop Drawings are drawings, diagr:U11s, schedules and
other data specially prepared for the Work by the Contractor or
a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributOr to i1lustr:lle some portion of the Work.
3.12.2 Pruduct Data arc illustrations, standard schedules, per-
formance charts, instructions, brochures, diagr:uns and other
information furnished by the Cllt1traclOr to illustrate materials
or equipment for some portion uf the \\lork.
3.12.3 Samples are physical examples which illustrate
materials, equipment or workmanship and establish standards
by which the Work will be judged.
3.12.4 Shop Drawings, Product Data. Samples and similar sub-
mittals are not Contract Documents. The purpose of their sub-
mittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor proposes
to conform to the information given and the design concept
expressed in the Contract Documents. Review by the Architect
is subject to the limitations of Subparagraph 4.2.7.
3.12.5 The Contractor shall review, approve and submit to the
Architect Shop Drawings, Product Data, Samples and similar
submittals required by the Contract Documents with reason-
able promptness and in such sequence as to cause no delay in
the Work or in the activities of the Owner or of separate con-
tractors. Submittals made by the Contractor which are not
required by the Contract Documents may be returned without
action.
3.12.6 The Contractor shall perform no portion of the Work
requiring submittal and review of Shop Drawings, Product
Data, Samples or similar submittals until the respective submit-
tal has been apprO\'ed 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
contain.ed within such submittals with the requirements of the
Work ;md of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility
for deviations from requirements of the Contract Documcnts
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
relievecl 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 rcvisions other than those requested by
the Architect on previous submittals.
3.12.10 Information:ll submittals upon which the Architect is
not expccted 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 calcubtions and certifi.
cations.
3.13 USE OF SITE
3.13.1 The Contractor shall contine operations at the site to
areas permittcd by law, ordinances, permits and the Contract
Docuinents and shall not unre:lsonably encumhcr the site with
materials or equipment.
3.14 CUTTING AND PATCHING
3.14.1 The Contractor shall be responsible for cutting, fitting
or patching required to complete the Work or to make its parts
fit together properly.
3.14.2 The Contractor shall not damage or endanger a portion
of the Work or fully ur partially completed construction of the
Owner or separate contractors by cutting, patching or other-
wise alteriilg such construction, or by excavation. The Contrac-
tor shall not cut or otherwise alter such construction by the
AlA DOCUMENT A201 . GENERAL CONDITIONS Of THE CONTRACT [,OR CONSTRlICTION . FOURTEENTH WIT!ON
AlA>.!> . ':;' l'Jil7 THE AMERICAN INsTITUTE OF ARCHITECTS. 17~5 NEW YORK AVENUE. N.W.. WASHINGTON. D.C. 21l11l1()
A201-1987
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Owner or a separate contractor except with written consent of
the Owner and of such separate contractOr; such consent shall
not be unreasonably withheld'. The Contractor shall not unrea-
sonably withhold from the Owner or a separate contractor the
Contractor's consent to cutting or otherwise altcring the Work.
3.15 CLEANING UP
3.15.1 The ContrJctor shall keep the premises and surround-
ing area free from accumulation of waste materials or rubbish
caused by operations under the Contract. At completion of the
Work the Contractor shall remove from and about the Project
waste materials, rubbish, the Contractor's tools, construction
equipment, machinery and surplus materials.
3.15.2 If the Contractor fails to clean up as provided in the
Contract Documents, the Owner may do so and the cost
thereof shall be charged to the Contractor.
3.16 ACCESS TO WORK
3.16.1 The Contractor shall provide the Owner and Architect
access to the Work in preparation and progress wherever
located.
3.17 ROYALTIES AND PATENTS
3.17.1 The Contractor shall pay all royalties and license fees.
The Contractor shall defend suits or claims for infringement of
patent rights and shall hold the Owner and Architect harmless
from loss on account thereof, but shall not be responsible for
such defense or loss when a particular design. process or prod-
uct of a particular manufacturer or manufacturers is required by
the Contract Documents. However, if the Contractor has rea-
son to believe that the required design, process or product is an
infringement of a patent, the Contractor shall be responsible for
such loss unless such information is promptly furnished to the
Architect.
3.18 INDEMNIFICATION
3.18.1 To the fullest extent permitted by law, the Contractor
shall indemnify and hold harmless the Owner, Architect, Archi-
tect's consultants, and agents and employees of any of them
from and against claims. damages, losses and expenses, includ-
ing but not limited to attorneys' fees, arising out of or resulting
from performance of the Work, provided that such claim. dam-
age, loss or expense is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible prop-
erty (other than the Work itself) including loss of use resulting
therefrom, but only to the extent causcd 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 othcr 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 indcmnified
under this Paragraph 3.18 by an employee of thc Contractor. a
Subcontractor, anyone directly or indirectly employed by them
or anyone for ~vhose acts they may be liable, the indemnifica-
tion obligation under this Paragraph 3. I 8 shall not be limited by
a limitation on amount or type of d;tmages, compensation or
benefits payable by or for the Contractor or a Subcontractor
under workers' or workmen's compensation acts. disability
benefit acts or other employee benefit acts.
3.18.3 The obligations of the Contractor under this Paragraph
).18 shall not extend to the liability of the Architect, the Archi-
tect's consultants, and agents and employees of any of them
arising out of (1) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifica-
tions, or (2) the giving of or the failure to give directions or
instructions by the Architect, the Architect's consultants, and
agents and employees of any of them provided such giving or
failure to give is the primary cause of the injury or damage.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1 ARCHITECT
4.1.1 The Architect is the person lawfully licensed to practice
architecture or an entity lawfully practicing architecture iden-
tified as such in the Agreement and is referred to throughout
the Contract Documents as if singular in number. The term
"Architect" means the Architect or the Architect's authorized
representative.
4.1.2 Duties, responsibilities and limitations of authority of the
Architect as set forth in the Contract Documents shall not be
restricted, modified or extended without written consent of the
Owner, ContractOr and Architect. Consent shall not be unrea-
sonably withheld.
4.1.3 In case of termination of employment of the Architect,
the Owner shall appoint an architect against whom the Con-
tractor makes no reasonable objection and whose status under
the Contract Documents shall be that of the former architect.
4.1.4 QiSJ'l1l18C RriciA8 YAQar \i1ol9~RnagraFRc 1 I 7 ~rQ ,1 ~;}
~Qll1;-jj [t19i~~t tr\ .,rhirr.niqn.
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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 (:'>) with the Owner's concurrence, from
time to time during the correction period described in Para-
graph 12.2. The Architect will advise and consult with the
Owner. The Architect will have authority to act on behalf of the
Owner only to the extent provided in the Contract Documents,
unless otherwise modified by written instrument in accordance
with other provisions of the Contract.
4.2.2 The Architect will visit the site at intervals appropriate to
the stage of construction to become generally familiar with the
progress and quality of the completed Work and to determine
in gcneral if the Work is being performcd in a manner indicat-
ing that the \X/ork, whcn complcted, will be in accordance with
the Contract Documents. However, the Architect will not be
required to make exhaustive or cOlllinuous on-site inspections
to check quality or quantity of the Work. On the basis of on-
site obst:rvations as ;111 architect, the Architect will keep the
Owner informed of progress of the Work, and will ende;wor to
guard the Owner against defects and deficiencies in the Work.
4.2.3 The Architect will not have control ovcr or charge of and
will not be responsible for construction means,' methods,
techniques, sequences or procedures, or for safety precautions
and programs in conncction with the Work, $ince these are
solely the ContractOr's responsibility as provided in Paragraph
3.3. The Architect will not be responsible for the Contractor's
failure to carrv out the \X/ork in ;lCcordance with the Contract
DocumClllS. The Architect will nut have control over or charge
of and ~'jll not be responsible for acts or omissions of the Con-
10
A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS or THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIA<!> . t91\JH7 THE AMERICAN INSTITUTE OF ARCHITECTS. 17;'i NEW YOIlK AVENI.1E. N.W" WASHINC;TON, D.C. 2001)6
,\" \.- ,,- '"
tractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the Work.
4.2.4 Communications Facilitating Contract Administra-
tion. Except as Otherwise provided in'the Contract Documents
or when direct communications have been specially autho-
rized, the Owner and Contractor shall endeavor to communi-
cate through the Architect. Communications by and with the
Architect's consultants shall be through the Architect. Commu-
nications by and with Subcontractors and material suppliers
shall be through the Contractor. Communications by and with
separate contractors shall be through the Owner.
4.2.5 Based on the Architect's observations and evaluations of
the Contractor's Applications for Payment, the Architect will
review and certify the amounts due the Contractor and wiU
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 \X/ork.
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 instnlctions 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 mell1s,
methods, techniques, sequences or procedures. The Architect's
approval of a specific item shall not indicate approval of an
assembly of which the item is a component.
4.2.8 The Architect will prepare Change Ordcrs and Construc-
tion Change Directives, and may authorize minor changes in
thc \X'ork as provided in Paragraph 7.";.
4.2.9 The Architect will conduct inspections to determine the
date or dates of Substantial Compietion and the date of t1nal
completion, will receive and forward to the Owner for the
O",'ner's re\'iew amI records written ""arrantie~; and related
documents required by the Contract and assembled by rhe
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 projcct reprcsentatives 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 rcsponse to such requests will be made
with reasonable promptness and within any time limits agreed
upon. If no agreement is made concerning the timc 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 ,vritten rcquest 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
rendercd in good faith.
4.2.13 The Architect's decisions on matters rclating 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 intcrpre-
tation of Contract terms, paY~1ent of moncy, extension of time
or other relief with respect to thc 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 writtcn notice.
The responsibility to substantiate Claims shall rest with the
party making the Claim.
4.3.2 Decision of Architect. Claims, including those alleging
an error or omission by the Architect, shall be referred initially
to the Architect for action as provided in Paragraph 4.4. A deci-
sion by thc Architect. as provided in Subparagraph 4.4.4, shall
be required as a condition precedent to ..rl;itnti"l1 'If litigation
of a Claim between the Contractor and Owner as to all such
matters arising prior to the date final payment is due, regardless
of (1) whether such matters relate to execution and progress of
the Work or (2) the extent to which the Work has been com-
pleted. The Liecision by the Architect in response to a Claim
shall not be a condition precedent to .li.rl~ill""i"" ',j' litigation in
the tvent (I) the position uf Architect is vacant, (2) the Architect
has not received evidence or has failed to render a Liecision
within agreed time limits, (j) the Architect has failed to take
action required under Subparagraph 4.4.4 within 30 days after
the Claim is made. (4) 45 days hal'e passed after th'e Claim has
been referred to the Architect or (5) the Claim relates to i
mechaniC'S lien.
~
~
4.3.3 Time Limits on Claims. Claims by either party must be
made within 21 days after occurrence of the event gh'ing rise to
such Claim or 'within 2 I days after the claimant tlrst recognizes
the cunditiol1 giving rise to the Claim, \vhichever is latcr. Claims
must be made by written notice. An additional Claim made
aftcr the initial Claim has been implemented by Change Ordcr
will not be considered' unless submitted in a timely matiner.
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AI.~.' ..S) I \l1l7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1755 NEW YORK AVENUE, N.W" WASHINGTON. D.C. 20UII6
A201-198711
\p)
4.3.4 Continuing Contract Perfonnance. Pending final reso-
lution of a Claim ';'':j~i'1giA8 M?;t<~tifilQ, unless otherwise agreed
in writing the Contractor shall proceed diligently with perfor-
mance of the Contract and the Owner shall continue to make
payments in accordance with the Contract Documents.
4.3.5 Waiver of Claims: Final Payment. The making of final
payment shall constitute a waiver of Claims by the Owner
except those arising from:
.1 liens, Claims, security interests or encumbrances aris-
ing out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements
of the Contract Documents; or
.3 terms of special warranties required by the Contract
Documents.
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-
ally from those indicated in the Contract Documents or (2)
unknown physical conditions of an unusual nature, which dif-
fer materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the
character provided for in the Contract Documents, then notice
by the observing parly shall be given to the other parly
promptly before conditions are disturbed and in no event later
than 21 days after first observance of the conditions. The Archi.
tect will promptly investigate such conditions and, if they differ
materially and cause an increase or decrease in the Contractor's
cost of, or time required for, performance of any part of the
Work, will recommend an equitable adjustment in the Contract
Sum or Contract Time, or both. If the Architect determines that
the conditions at the site are not materially different from those
indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Architect shall so notify
the Owner and Contractor in writing, stating the reasons.
Claims by either party in opposition to such determination
mUSl be made within 2 I days after the Architect has given
notice of the decision. If the Owner and Contractor cannot
agree on an adjustment in the Contract Sum or Contract Time,
the adjustment shall be referred to the Architect for initial deter-
mination, subject to furlher 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 properly arising under Para-
graph 10.3. If the Contractor believes additional cost is
involved for reasons including but not limited to (I) a written
interpretation from the Architect, (2) an order by the Owner to
stop the Work where the Contractor \\':l~ not at fault, (3) a writ-
ten order for a minor change in the \'I;'ork issued by the Archi-
tect, (4) failure of payment by the Owner, (5) termination of the
Contract by the Owner, (6) Owner's suspension or (7) other
reasonable grounds, Claim shall be filed in :lccordance with the
procedure established herein.
4.3.8 Claims for Additional Time
4.3.8.1 If the Contractor wishes to make Claim for :U1 increase
in the Contract Time, written notice as provided herein shall be
gi\'en. The Contractor's Claim shall include an estimate of cost
and of prob<lble effect of delay on progress of the \Vork. In the
case of a continuing delay only one Claim is necessary.
4.3.8.2 If :Jdver~.e weather conditions are the basis for a Claim
for additional time, such Claim shall be documented by data
substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated,
and that weather conditions had an adverse effect on the
scheduled construction.
4.3.9 Injury or Damage to Person or Property. If either party
to the Contract suffers injury or damage to person or property
because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts
such party is legally liable, written notice of such injury or
damage, whether or not insured, shall be given to the other
party within a reasonable time not exceeding 21 days after first
observance. The notice shall provide sufficient detail to enable
the other party to investigate the matter. If a Claim for addi-
tional cost or time related to this Claim is to be asserted, it shall
be filed as provided in Subparagraphs 4.3.7 or 4.3.8.
4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 The Architect will review Claims and take one or more of
the following preliminary actions within ten days of receipt of a
Claim: (1) request additional supporting data from the claimant,
(2) submit a schedule to the parties indicating when the Archi-
tect expects to take action, (3) reject the Claim in whole or in
part, stating reasOns for rejection, (4) recommend approval of
the Claim by the other party or (5) suggest a compromise. The
Architect may also, but is not obligated to, notify the surety, if
any, of the nature and amount of the Claim.
4.4.2 If a Claim has been resolved, the Architect will prepare or
obtain appropriate documentation.
4.4.3 If a Claim has not been resolved, the party making the
Claim shall, within ten clays after the Architect's preliminary
response, take one or more of the following actions: (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 Ii 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
parties kit fiwsjlll;t tQ ilr8itF~tiQil Upon expiration of such time
period. (he Architect will render to the parties the Architect's
written decision relative to the Claim. including any ch~lIl'g~ in
the Contract Sum or Contract Time or both. If there is a surety
and there appears to be a possibility of a ContrJctor's default,
the Architect may, but is not obligated to, notify the surety and
request the surety's assistance in resolving the controversy.
~
4.5. ontroversles and Claims Subject to Arbitration. Any
controve , ' or Claim arising out of or related to tht: Contract,
or the breac hereof. shall be settled by arbitration in accor-
dance with the lstruction Industrv Arbitration Rules of the
American Arbi(ratiol ssociation, and judgment UpOll the
:nvard rendered bv the a 'trator or arbitrators mav be t'nteredt\AoJ
in any court having jurisdict 1 thereof, exct:pt ControverSies '1""-
or Claims relating to aesthetic ef 'and except those waived as
provided for in 'Subparagraph 4.:3. Such controversies or
Claims upon \vhich the Architect has giv lOt ice and rendered
a clecision as provided in Subparagraph 4.4.'1 all be subject to
arbitration upon \\'fitten clem and of either par, Arbitration
may be commenct:d when 'i5 days have passed at. a Claim
h:l~ been referred to the Architect as provided in Paragra 4.:'>
RnM l1€l gscisicR h~~ @@t4R [@nygf€d
12 A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS Of THE CONTRACT fOR CONSTRUCTION. FOURTEENTH EDITION
.\IA"~ . ~'1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.\V.. \VASHINGTON. D.C. 21J1J1K,
cf
.-
. '0 I
Own d Contractor not resolved under Paragraph 4.4 shall,
if subject titration under Subparagraph 4.5.1, be decided
by arbitration in rdance with the Construction Industry
Arbitration Rules of the erican Arbitration Association cur-
rently in effect, unless the pa' mutually agree otherwise.
Notice of demand for arbitration sha filed in writing with
the other pany to the Agreement between t wner and Con-
tractor and with the American Arbitration AsSOCI , and a
~ tration procee
d Contractor shall comply
tration ' Claim may not be made until the earlier of (1) the
date on whic rchitect has rendered a final written de.:i-
r\JJJ sion on the Claim, (2) t th day after the parties have pre-
," sented evidence to the Architect ve been given rcasonable
opportunity to do so, if the Architect ha rendered a final
written decision by that date, or (3) any of t 1 'events
c:f
"
)
the cision is final but subject to arbitration and (2) a demand
for arb it . n of a Claim covered by such decision must be
made within ays after the date on which the party making
the demand receive e final written decision, then failure to
demand arbitration withu id 30 days' period shall result in
the Architect's decision becom final and binding upon the
Owner and Contractor. If the Archite enders a decision after
arbitration proceedings have been initiate, ch decision may
be entered as evidence, but shall not supersede a . ration pro-
ceedings unless the decision is acceptable to rties
rf
~
Subparagraphs 4.5.1 and 4.5.4 and Clause
4.5.4.1 as app J nd in other cases within a reasonable
time after the Claim has an " d in no event shall it be made
after the date when institution of lega itable proceedings
based on such Claim would be barred by the ap' Ie statute
ng out of or relating to the Contract Documents shall
ine! e, by consolidation or joinder or in any other manner,
the Arc 'tect, the Architect's employees or consultants, except
by writtel oment containing specific reference to the Agree-
ment and sig d by the Architect, Owner, Contractor and any
other pcrson or ltity sought to be joined. No arbitration shall
include, by conso at ion or joinder or in any other manner,
parties other th;in th wner, Contractor, a separate comrac-
tor as described in Art! 6 and other persons substantially
involved in a common que 'on of fact or law whose presence
is required if complete relief is be accorded in arbitratiun. No
person ur entity other than the 0 . er, Contractor or a scparate
contractor a..~ described in Article 6 s II be included as an orig-
inal third party or additionalthircl party 0 an arbitration whose
interest or responsibility is insubstamial. nsent to arbitration
involving an additional person or entity s II not constitute
consent to arbitration of a dispute not describe erein or ,vith
a person or emity not named or described there . The fore-
going agreement to arbitrate and other agreements t . rbitrate
with an additional person or entit\, duly consented to by arties
to the Agreement shall be specil1cally enforceable under a li-
files a of demand for arbitration must assert in the
demand all Claim known to that party on which arbitra- fW.c)
tion is permitted to be dem When a party 'fails to include r-
a Claim through oversight, inadverte excusable neglect,
or when a Claim has matured or been acquire e uemly,
arbitrator or , shall be final, and judgment may be ~
entered upon it in accordance Ie law in any court
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Subcontractor is a person or entity who has a direct
contract with the Contractor to perform a portion of the Work
at the site. The term "Subcontractor" is referred to throughout
the Contract Documents as if singular in number and means a
Subcontractor or an authorized representative of the Subcon-
tractor. The term "Subcontractor" does not include a separate
contractor or subcontractors of a separate contractor. .
5.1.2 A Sqb-subcontractor is a person or entity who has a
direct or indirect contract with a Subcontractor to perform a
portion of the Work at the site. The term "Sub-subcontractor"
is referred to throughout the Contract Documents as if singular
in number and means a Sub-subcontractor or .an authorized
representative of the Sub-subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER
CONTRACTS FOR PORTIONS OF THE WORK
5.2.1 Unless otherwise stated in the Contract Documents or
the bidding requirements, the Contractor, as soon as prac-
ticable after award of the Contract, shall furnish in writing to
the Owner through the Architect the names of persons or enti-
tles (including those who are to furnish materials or equipment
fabricated to a special design) proposed for each principal por-
tion of the Work. The Architect will promptly reply to the Con-
tractor in writing stating whether or not the Owner or the
Architect, after due investigation, has reasonable objection to
any such proposed person or entity. Failure of the Owner or
Architect to reply promptly shall constitute notice of no reason-
able objection.
5.2.2 The Contractor shall not COntract with a proposed per-
son or entity to ,,,,hom the Owner or Architect has made rea-
sonable and timely objection. The Contractor shall not be
required ro contract with anyone to whom the Contractor has
made reasonable objection.
5.2,3 If the Owner or Architect has reasonable objection to a
person or entity proposed by the Contractor. the Contractor
shall propose another to whom the O",'ner or Architect has no
reasonable objection. The Contract Sum shall be increaseLl or
Llecreased 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 COlllractor has aClet! prolllptly :md responsively in
submitting names ;lS required.
5,2.4 The Contractor shall not change a Subcontractor, person
or entity pre\'iously selected if the Owner or Architect makes
reasonable objection to such change.
AlA DOCUMENT A201 . c;ENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AIA~' ..;J 1987 THE .~MERICAN INSTITUTE or ARCHITECTS. I T's NEW YORK AVEN~E. N,W" WASHINGTON. D.C 2l/l/I.xi
A201-1987 13
, \::
5.3 SUBCONTRACTUAL RELATIONS
5.3.1 By appropriate agreement, 'Ivritlen where ItgaJly required
for validity, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor,
to be bound to the Contractor by terms of the Contract Docu-
ments, and to assume toward the Contractor all the obligations
and responsibilities which the Contractor, by these Docu-
ments, assumes toward the Owner and Architect. Each subcon-
tract agreement. shall preserve and protect the rights of the
Owner and Architect under 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 eact'.
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 agreemcnt for a portion of the Work is
assigned by the Contractor to the Owner provided that:
.1 assignment is effective only after termination of the
Contract b.y the Owner for cause pursuant to Para-
graph 14.2 and only for those subcontract agreements
which the O'lvner 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 Owncr's own forces,
.and to award separatc 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 thcse including those portions related to insurance
and wai\'er of subrogation. If the Contractor claims that delay
or additional cost is involved because of such action bv the
Owner. the ContractOr shall make such Claim as provided' elsc-
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 "Contractor" in the Contract Documents in each
case shall mean the Contractor who executes each separate
Owner-Contractor Agreement.
6,1.3 The Owner shall provide for coordination of the activi-
ties of the Owner's own forces and of each separate contractor
with the Work of the Contractor, who shall cooperate with
them. The Contractor shall participate with other separate con-
tractors and the Owner in reviewing their construction sched-
ules when directed to do so. The Contractor shall make any
revisions to the co'nstruction 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 prO\;ided in the Contract Documents,
when the Owner performs construction or operations related
to the Project with the Owner's own forces, the Owner shall be
deemed to be subject to the same obligations and to have the
same rights which apply to the Contractor under the Condi-
tions of the Contract, including, without excluding others,
those stated in Article 3. this Article 6 and Articles 10, 11
and 12.
6.2 MUTUAL RESPONSIBILITY
6.2.1 The Contractor shall afford the Owner and separate con-
tractors reasonabie opportunity for introduction and storage of
their materials and equipment and performance of their activi-
ties and shall conncct and coordinate the Contractor's con-
struction al1d operations with theirs as required by the Contract
Documents.
6.2.2 If part of the Contrdctor's Work depends for proper
execution or results upon construction or operations by the
Owner or a separate contractor, the Contractor shall, prior to .
proceeding with that portion of the Work, promptly report to
the Architect apparent discrepancies or defects in such other
construction that would render it unsuitable for such proper
execution and results. Failure of the Contractor so to report
shall constitute an acknowlcdgment that the Owner's or sepa-
rate contractors' completed or partially completed construction
is fit and proper to receive the Contractor's Work, except as to
defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities
or defective construction shall be borne by the party responsi-
ble therefor.
6.2.4 The Contractor shall promptly remedy damage wrong-
fully caused by the Contractor to completcd or partially com-
pletcd constnlCtion or to property of the Owner or separate
contractors as provided in Subparagraph 10.2.5.
6,2.5 Claims and other disputcs and matters in question
benveen the Contractor and a separate contractor shall be sub-
ject to the provisions of Paragraph 4.3 provided the separate
contractor has reciprocal obligations.
6.2.6 The Owner and each separate contractor shall have the
same responsibilities for cutting and patching as are described
for the Contractor in Paragraph .3.14.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises ~U1lOng the Contractor. separate con-
tractors and the Owner as to the responsibility under their
respective contracts for maintaining the premises and surround-
ing area free from was:e materials and rubbish as described in
Paragraph .3.15, the Owner may clean up and allocate the cost
among those responsible as the Architect determines to be just.
14
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AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA'!> . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 17.\5 NEW YORK AVENUE. N.W.. WASHINGTON, D.C. :!Olllj(,
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ARTICLE 7
CHANGES IN THE WORK
7,1 CHANGES
7.1.1 Changes in the Work may be accomplished ;Ifter execu-
tion of the Contract, and without invalidating the Contract, by
Change Order, Construction Change Directive or order for a
minor change in the \"(fork, subject to the limitations stated in
this Article 7 and elsewhere in the Contract Documents.
7.1.2 A Change Order shall be based upon agreement among
the Owner, Contractor and Architect; a 'Construction Change
Directive requires ag'reement by the Owner and Architect and
mayor may not be agreed to by the Contractor; an order for a
minor change in the \\fork 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 Ch:mge Directive that ;rpplication of such unit prices
to quantities of Work proposed will cause substantial inequity
to the Owner or Contractor, the applicable unit prices shall be
equitably adjusted.
7.2 CHANGE ORDERS
7.2.1 A Change Order is a written instrument prepared by the
Architect and signed by the Owner, Contractor and Architect,
stating their agreement upon all of the following:
.1 a change in the Work:
.2 the amount of the adjustment in the Contract Sum, if
any; and
.3 the extent of the adjustment in the Contract Time, if
any.
7.2.2 !\'Iethods used in determining adjustments to the Contract
Sum may include those listed in Subparagraph 7.:,.3.
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.1 A Construction Change Directive is a written ordcr pre-
pared by the Architect and signed by the Owner ill1d Architect,
directing a change in the Work and stating a proposed basis for
adjustment, if any, in the COnlract Sum ur Contract Time, or
both.' The Owner may by Construction Change Directive,
without invalidating the Contract, order changes in the Work
within the general scope of the Contract consisting uf adcli-
tions, deletions llf otller revisions. the COlllract Sum and Con-
tract Time heing adjusted accnrdingly.
7.3.2 A Conslruction Change Directive shall be used in the
ahsence or tmill agreement un the tt'rlns of a Change Order.
7.3.3 If the Constructiun Change Directive provides for an
adjustment to tht' Contract Sum, the adjustment shall be based
un une uf the follmving methods:
,1 mutual acceptance of a lump sum properl y itemized
and supported by sufficient substantiating data to per-
mit evaluation:
.2 unit prices staled in the Contract Documents ur sub-
sequently agreedupun;
.3 cost to be determined in a manner agreed upon by
the parties and a mutually acceptable fixed or percent-
age fee; or
.4 as provided in Subparagraph 7.3.6.
7.3.4 Upon receipt of a Construction Change Directive, the
Contractor shall promptly procced with the change in the
Work involved and advise the Architect of the Contractor's
agreement or disagreement with the method, if an}', provided
in the Construction Change Directive for determining the pro-
posed adjustment in the Contract Sum or Contract Time.
7.3.5 A Construction Change Directive signed by the Contrac-
tor indicates the agreement of the Contractor therewith, includ-
ing adjustment in Contract Sum and Contract Time or the
method for determining them. Such agreement shall be effec-
tive immediately and shall be recorded as a Change Order.
7.3.6 If the Contractor does not respond promptly or disagrees
with the method for adjustment in the Contract Sum, the
method and lhe adjustment shall be determined b)' the Archi-
tect on the basis of reasonable expenditures and savings of
those perfurming the Work attriblHable to the change, includ-
ing, in case of an increase in the Contract Sum, a reasonable
allowance for overhead and profit. In such case, and also under
Clause 7.3.3.~\ the Contractor shall keep and present, in such
form as the Architect may prescribe, an itemized accounting
together with appropriate supporting data. Unless otherwise
provided in the Contract Documents, costs for the purposes of
this Subparagraph 7.3.6 shall be limited to the following:
.1 COSts of labor, including social security, old age and
unemployment insurance, fringe benefits required by
agreement or custom, and workers' or workmen's
compensation insurance:
.2 costS of materials, supplies and equipment, includ-
ing cost of transportation, whether incorporated or
consumed;
.3 rental costs of machinery and equipment, exclusive of
hand tools, whether rented from the ClJntraclOr or
others;
.4 costs of premiums for all bonds and insurance, permit
fees, and sales, use or similar taxes related to the .
\'(/ork; and
,5 additional costs uf supervision and field lJffice person-
nel directly attributable to the change.
7.3.7 Pending final dctermination of cost tl) the Owner,
amounts not in dispute may be included in Applicatiuns for
Payment. The amount or credit to be alluwed by the Contrac-
tor to the Owner for a deletion ur change which results in a net
decrease in the Contract Sum shall be actual net ClJst as con-
firmed by the Architect. When both additions and credits
covering related \,\Iork or suhstitutions are involved in a
c11ange, the allowance fur overhead and pmfit ~hall he figured
on the basis of net increase, if any, with respect to that change.
7.3.8 If the Owner and Cllntractnr do not agree with the
adjustment in Contract Time or the method for determining it,
the adjustment or the mcthllu shall be referred tlJ the Architect
for determinatiun.
7.3.9 When tile Owner and Contractur agree with lhe deter-
mination made hy the Architect concerning the adjustmcJ1[s in
the COJ1[ract Sum and Cuntract Time. or otherwbe reach agree-
ment upon the adjustments, such agreement shall he effecti\'e
immediately and Sh:111 be recorded bv preparatiun and execu-
tion of an appropriate Change Order.
AlA DOCUMENT A201 . GENERAL CONOIl'lONS OF THE CONTRACT FOR CONSTRUCTION. FOUIlTEENTH EDITION
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7.4 MINOR CHANGES IN THE WORK
7.4.1 The Architect will have authority to order minor changes
in the Work not involving adjustment in the Contract Sum or
extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be
effected by written order and shall be binding on the O,;vner
and Contractor. The Contractor shall carn' out such written
orders promptly. .
ARTICLE 8
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TIME
8.1 DEFINITIONS
8.1.1 Unless otherwise provided, Contract Time is the period
of 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 P:iragrJph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall
mean calendar day unless otherwise specifically defined.
8.2 PROGRESS AND COMPLETION
8.2.1 Time limits stated in the Contract Documents are of the
essence of the Contract. By executing the Agreement the Con-
tractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agree-
mel1l 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 1 I to be furnished by the
Contractor. The date of commencement of the \Vork shall not
be changed by the effective date of such insurance. Unless the
date of commencement is established by a notice to proceed
given by the Owner, the Contractor shall notify the Owner in
writing not less than five days or other agreed period before
commencing the Work to permit the timely filing of lllortgages.
mechanic's liens and other security iI1ler~sts.
8.2.3 The Contractor shall proceed expeditiously with ade-
quate forces and shall achieve Substantial Completion within
the Contract Time.
8.3 DELAYS AND EXTENSIONS OF TIME
8.3.1 If the Contractor is delayed at any time in progress of the
\'i'ork by ;Ul act or neglect of the Owner or Architect. or of an
employee of either, or of a separate contractor employed by
the Owner, or b~' changes ordered in the \'\/ork, or bv labor
disputes, fire. unusual deJay in deliveries, unavoidable c~ualties
1>1' lHher causes beyond the Contractor's COntrol. or bv delay
authorized by the Owner pending arbitration, or by othe'r
causes which the Architect determines may justify delay, then
the Contract Time shall he extended bv Change Order for such
reasonable til11t as the Architect mav determine.
8.3.2 Claims relating to time shall be made in accord;mce with
applicable provisions of Paragraph -t..1.
8.3.3 This Paragraph 8.3 does not preclude recovery of dam-
ages for delay by either party under other provisil!ns of the
CUlllract Documellls.
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 payable by the
Owner to the Contractor for performance of the Work under
the Contract Documents.
9.2 SCHEDULE OF VALUES
9.2.1 Before the first Application for Payment, the Contractor
shall submit to the Architect a schedule of values allocated to
various portions of the Work, prepared in such form and sup-
ported by such data to substantiate its accuracy as the Architect
may require. This schedule, unless objected to by the Architect,
shall be used as a basis for reviewing the ,Contractor's Applica-
tions for Payment.
9.3 APPLICATIONS FOR ~AYMENT
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 matcrial suppliers, and reflecting retainage
if provided for elsewhere in the Contract Documents.
9.3.1.1 Such applications may include requests for payment on
account of changes in the Work which have been properly
authorized by Construction Change Directives but not yet
included in Change Orders.
9.3.1.2 Such applications may not include requests. for pay-
ment of amounts the Contractor does not intend to pay to a
Subcontractor or material supplier because of a dispute or other
reason.
9.3.2 Unless otherwise provided in the Contract Documents,
payments shall be made on account of materials and equipment
delivered and suitably stored at the site for subsequent incor-
poration in the \X/ork. If approved in advance by the Owner,
payment may similarly be made for 111:11eriali; and cquipment
suitably stored off the site at a location agreed upon in writing.
Payment for matcrials and e'quipment stored on or off the site
shall be conditioned upon compliance by the Contractor with
procedures satisfactory to the Owner to estahlish 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 \'\/ork Covered by
an Application for Payment will pass to the Owner no later th:m
lhe time of p:IYl1lenr. The Contractor further warrants that
upun submillal of an Application for Payment all Work for
which Certificates for Payment have been previously issued
and payments recei\'ed from the Owner shall, to the best of the
Contractor's knowledge. int<mnation and belief. be free and
clear of liens, claims. security interests ur encumbrances in
favor of the Colltractor. Subcontractors, matt.:rial suppliers. or
uther persons or entities making a claim by reason of having
provided l:ibor, materials and eLJuipmellt relating to the Work.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Architect will. within sevcn da~'s after receipt of the
Contr:lctur's Application for P3yment, either issue, to the
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AlA DOCUMENT A201 . GENERAL CONDITIONS Of' THE CONTRACT FOR CONSTRUCTION. ,:UlIRnENTH EDITION
AIA'~ . @1'I87 THE ..',,\IERICAN INSTITUTE OF ....RCHITECTS. I i.~S NEW YORK AVENUE. N.W.. WASHINGTON, D.C. 21111116
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Owner a Certificate for Payment, with a copy to the Contrac-
tor, for such amount as the Architect determines is properly
due, or notify the Contractor and Owner in writing of the
Architect's reasons for withholding certification in whole or in
part as provided in Subparagraph 9.5.1.
9,4.2 The issuance ofa 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 Documents. The foregoing representa-
tions are subject to an evaluation of the Work for conformance
with the Contract Documents upon Substanti:tl 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 part of a Certificate for Pa)'ment
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 rcasonable evidence that the Work cannot be com-
pleted for the unpaid balance of the Contract Sum;
.5 damage to the Owner or another contractor;
.6 reasonable evidence that the \'(.'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 \xiork in accordance
with the Contract Doc~ments..
9.5.2 When the above reasons for withholding certification are
removed, certification will be made for amounts previously
withheld.
9.6 PROGRESS PAYMENTS
9.6.1 After the Architect has issued a Certificate for Payment,
the Owner shall make payment in the manner and within the
time provided in the Contract Documents, and shall so notify
the Architect.
9.6.2 The Contractor shall promptly pay each Subcontractor,
upon receipt of payment from the Owner, out of the amount
paid to the Contractor on account of such Subcontractor's por-
tion of the Work, the amount to which said Subcontractor is
entitled, reflecting percentages actually retained from payments
to the Contractor on account of such Subcontractor's portion
of the Work. The ContractOr shall, by appropriate agreement
with each Subcontractor, require each Subcontractor to make
payments to Sub-subcontractors in similar manncr.
9.6.3 The Architect will, on request, furnish to a Subcontrac-
tor, if practicable, information regarding percentages of com-
pletion or amounts applied for by the Contractor and action
taken thereon by the Architect and Owner on account of por-
tions of the Work done by such Subcontractor.
9.6.4 Neither the Owner nor Architect shall have an obligation
to payor to see to the payment of money to a Subcontractor
except as may otherwise be required by law.
9.6.5 Payment to material suppliers shall be treated in a manner
similar to that provided in Subparagraphs 9.6.2,9.6.3 and 9.6.4.
9.6.6 A Certificate for Payment, a progress payment, or partial
or entire use or occupancy of the Project by the Owner shall
not constitute acccptance of Work not in accordance with the
Contract Documents.
9.7 FAILURE OF PAYMENT
9.7.1 If the Architect does not issue a Certificate for Payment,
through no fault of the Contractor, within seven days after
receipt of the Contractor's Application for Payment, or if the
Owner does not pay the Contractor within seven days after the
date established in the Contract Documents the amount cer- Il.LJ
tified by the Architect ^r ~n,~r.7~rl 1:>:' ",h:>rp':~n then the Con- r.~
tractor may, upon seven additional days' written notice t6 the
Owner and Architect, stop the Work 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
W'ork 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 \X'hen the Contractor considcrs 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 whcther the Work or desig-
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDtTION
AlA ~ . @ J 987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 20006
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Dated portion thereof is substantially complete. If the
Architect's inspection discloses any item. whether or not
included on the Contractor's list, which is not in accordance
with the requirements of the Contract Documents, the Contrac-
tor shall, before issuance of the Certificate of Substantial Com-
pletion, complete or correct such item upon notification by the
Architect. The Contractor shall then submit a request for
another inspection by the Architect to determine Substantial
Completion. When the Work or designated portion thereof is
substantially complete, the Architect will prepare a Certificate
of Substantial Completion which shall establish the date of Sub-
stantial Completion, shall establish responsibilities of the
Owner and Contractor for security, maintenance, heat, utilities,
danlage to the Work and insurance, :md shall fix the time
within which the Contractor shall finish all items on the list
accompanying the Certificate. Warranties required by the Con-
tract Documents shall commence on the date of Substantial
Completion of the Work or designated portion thereof unless
otherwise provided in the Certitlcate of Substantial Comple-
tion. The Certificate of Substantial Completion shall be sub-
mitted to the Owner and Contractor for their written accep-
tance of responsibilities assigned to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated
portion thereof and upon application by the Contractor and
certification by the Architect, the Owner shall make payment,
reflecting adjustment in retainage, if any, for such Work or por-
tion thereof as provided in the Contract Documents.
9.9 PARTIAL OCCUPANCY OR USE
9.9.1 The Owner may occup~' or use any completed or par-
tially completed portion of the Work at any stage when such
portion is designated by separate agreement with the Contrac-
tor. provided such occupancy or use is consented to by the
insurer as required under Subparagraph] I.). 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 responsibillties
;!ssigned to each of them for payments, retainage 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 \Vork and commencement of warranties
required by the Contract Documents. \"V'hen the ContractOr
considers'a portion substantially complete, the Contractor shall
prepare and submit a list to the Architect as provided under
Subparagraph 9.8.2. Consent of the Contractor to partial occu-
pancy or use shall not be unreasonably withheld. The stage of
the progress of the Work shall be determined by written agree-
ment between the Owner and Contractor or, if no agreement is
reached, by decision of the Architect.
9.9.2 Immediately prior to such partial occup;mcy 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 accep.
tance of Work not complying with the requirements of the
Contract Documents.
9,10 FINAL COMPLETION AND FINAL PAYMENT
9.10.1 Upon receipt of written notice that the Work is ready
for final inspectiOll and acceptance and upon receipt of a final
Application for Payment, the Architect will promptly make
such inspection and, when the Architect finds the Work accept-
able under the Contract Documents and the Contract fully per-
formed, the Architect will promptly issue a t1nal Certificate for
Payment stating that to the best of the Architect's knowledge,
information and belief, and on the basis of the Architect's
observations and inspections, the W'ork 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 t1nal 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 remammg retained
percentage shall become due until the Contractor submits to
the Architect (I) an affidavit that payrolls, bills for materials and
equipment, and other indebtedness connected with the Work
for which the Owner or the Owner's property might be
responsible or encumbered (less amounts withheld by Owner)
have been paid or otherwise satisfied, (2) a certificate evidenc-
ing that insurance required by the Contract Documents to
remain in force after final payment is currently in effect and will
not be cancelled or allowed to expire until at least 30 days'
prior written notice has been given to the Owner, (3) a written
statement that the Contractor knows of no substantial reason
that the insurance will not be renewable to cover the period
required by the Contract Documents, (4) consent of surety. if
any, to final payment and (5), if required by the Owner, other
data establishing payment or satisfaction of obligations, such as
receipts, releases and waivers of liens, claims, security interesLS
or encumbrances arising out of the Contract, to the extent and
in such form as may be designated by the Owner. If a Subcon-
tractor refuses to furnish a release or waiver required by the
Owner, the Contractor may furnish a bond satisfactory to the
Owner to indemnify the Owner against such lien. If such lien
remains unsatisfied after payments are made, the Contractor
shall refund to the Owner all money that the Owner may be
compelled to pay in discharging such lien, including all costs
and reasonable attorneys' fees.
9.10.3 If, after Substantial Completion of th,e Work, final com-
pletion thereof is materially delayed through no fault of the
Contractor or by issuance of Change Orders affecting tinal
completion, ;mcl the Architect so confirms, the Owner shall,
upon application by the ContrJctor. and certillcation by the
Architect. and without terminating the Contract, make payment
of the balance due for that portion of the Work fully completed
and accepted. If (he remaining balance for \\fork 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 clue for that por-
tion of the Work fully completed and accepted shall be submit-
ted by the Contractor to the Architect prior to certitlcation of
such payment. Such payment shall be made under terms and
conuitions governing final payment. except that it shall not
constitute a waiver of claims. The making of final payment shall
constitute a waiver of claims by the Owner as provided in Sub-
paragraph ,J. 3.s.
9.10.4 Acceptance of final payment by the Contractor. a Sub-
contractor or material supplier shall constitute a waiver of
claims by that payee except those previously made in ""riting
and identified by that payee as unsettled at the time of finaj
Application for Payment. Such waivers shall be in addition to
the waiver described in Subparagraph 4.3.5.
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A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THe CONTRACT FOR CONSTRUCTION. FOURTEENTH WITION
AIA~ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 17:~5 NEW YORK AVENUE. N.W.. W'ASHINGTON. D.C. 2()(l06
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ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 The ContGlctor 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 ';V'ork in the area affected
and report the condition to the Owner and Architect in writing.
The Work in the affected area shall not thereafter be resumed
except by written agreement of the Owner and Contractor if in
fact the material is asbestos or polychlorinated biphenyl (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 agellls and employees of any of them
from and against claims, damages, losses and expenses, includ-
ing but not limited to attorneys' fees, .arising Out of or resulting
from performance of the Work in the affected area if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and has
not been rendered harmless, provided that such claim, damage,
loss or expense is attributable to bodily injury, sickness, disease
or death, or to injury to or destruction of tangible property
(other than the Work itself) including loss of use resulting
therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of the Owner, anyone directly or
indirectly employed by the Owner or anyone for whose acts
the Owner mar be liable, regardless of whether or not such
claim, damage, loss or expense is caused in part by a party
indemnit1ed hereunder. Such obligation shall not be construed
to negate, abridge, or reduce other rights or obligations of
indemnity which wouldl.ltherwise exist as to a pany or person
described in this Subparagraph 10.1.4.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor shall take reasonable precautions for
safety of, and shall provide reasonable protection to prevent
d;unage. injury or Joss to:
.1 employees on the \Vork and other persons who may
be affected thereby:
.2 the Work alld materials and equipment ,to be incorpo-
rated therein, whether in stOrage un or off the site,
under care. custody or control of the Contractor or
the Contractor's Subcontractors or Sub-subcontrac-
tors; and
.3 ()lher property at the site ur adjacent thereto, such as
trees, shrubs. lawns. walks. pavements, roadways.
sttl.lctures ;md utilities not designated for removal, relo-
cation ur replacement in the course uf consttl.lction.
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 srorage 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 Contr;lctor shaH promptly remedy danlage and loss
(other than d:ill1age or loss insured under property insurance
required by the Contract Documents) to property referred to in
Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the
Contractor, a Subcontractor, a Sub-subcontractor, or anyone
directly or indirectly employed by any of them, or by anyone
for whose acts they may be liable and for which the Contractor
is responsible under Clauses 10,2.1.2 and 10.2.1.3, except
damage or 16ss attributable to acts or omissions of the Owner
or Architect or an)'one directly or indirectly employed by
either of them, or by anyone for whose acts either of them may
be liable, and not attributable to the fault or negligence of the
Contractor. The foregoing obligations of the Contractor are in
addition to the Contractor's obligations under Paragraph 3. 18.
10.2.6 The Contractor shall designate a responsible. member of
the Contractor's organization at the site whose duty shaH 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
con~truction or site to be loaded so as to endanger its safety.
10.3 EMERGENCIES
10.3.1 In:ill emergency affecting safety of persons or property,
the Contractor shall act, at the COl1lractor's discretion. to pre-
vent threatened damage, injury or loss. Additional compensa-
tion or extension of time claimed by the Contractor on account
uf :ill emergency shall be determined as provided in Paragraph
4.3 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1,1 The Contractor shall purchase from and maintain in a
company or companies Iawfl.lHy authorized to do business in
the jurisdiction in which the Project is located such Insurance as
\viJl protect the Contractor from claims set forth below which
may arise out of or result from the Contractor's operations
under the COntr:lct and for which the Contractor may be legally
liable. wh<:ther such operations be b~' the COl1lractor ur I)y a
Subcontractor ur hy anyone directly or indirectly employed by
any of them. or by anyone for whuse acts all~' of theml11ay be
liable:
.1 claims under workers' or workmen's compen.~ation,
disability benefit ;md other similar employee benetit acts
which ;m: applicable to the Work to be performed;
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIAQ' . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 17.H NEW YORK AVENUE, N.W.. WASHINGTON. D.C. 200fl6
A201-1987 19
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.2 claims for damages because of bodily injury, occupa'
tional sickness or disease, or death of the ContractOr's
employees;
.3 claims for damages because of bodily injury, sickness
or disease, or death of any person other thaIl the Con-
tractor's employees;
.4 claims for damages insured by usual personal injury
liability coverage which are sustained (I) by a person
as a result of an offense directly or indirectly related to
employment of such person by the Contractor, or (2)
by another person;
.5 c1ain1s 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 I
.7 claims involving contractual liability insurance appli-
cable to the Contractor's obligations under Paragraph
3.18.
11.1.2 The insurance required by Subparagraph I 1. I. I shall be
written for not less than limits of liability specified in the Con-
tract Documents or required by law, whichever coverage is
greater. Coverages, whether written on an occurrence or
claims-made basis, shall be maintained without interruption
from date of commencement of the Work until date of final
payment and termination of any coverage required to be main.
tained after final payment.
11.1.3 Certificates of Insurance acceptable to the Owner shall
be filed with the Owner prior to commencement of the Work.
These Certificates and the insurance policies required by this
Paragraph 11.1 shall contain a provision that coverages
afforded under the policies will not be cancelled or allowed to
expire until at least 30 days' prior written notice has been given
to the Owner. If any of the foregoing insurance coverages are
required to remain in force after final payment and are reason-
ably available, an additional certificate evidencing continuation
of such coverage shall be submitted with the final Application
for Payment as required by Subparagraph 9,10.2. Information
concerning reduction of coverage shall be furnished by the
Contractor with reasonable promptness in accordance with the
Contractor's information and belief.
~ 11.2. 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.
lit protection against claims \\' may arise from operations
under the COl1lract. The Contracto I not be responsible
for purchasing and maintaining this option wner's liability
insurance unless specifically required by t 1 ontract
11.3 PROPERTY INS~A~C~
~ )11.3.1 UI:leflfl i'lthen'ios J3fl3 iElsEl, tllli! g"HIIt" shall purchase
'-?'" and maintain, in a company or companies lawfully authorized
to do business in the jurisdiction in which the Project is
located. property insurance in the amount of the initial Con.
tract Sum as well as subsequent modifications thereto for the
entire \\'ork ;Jt the site on a replacement cost basis without vol-
untary deductibJes, Such property insurance shall be main-
tained, unless otherwise provided in the Contract Documents
or otherwise agrced in writing by all persons :md el1lities who
are benefici;Jries of such insurance, until final payment has been
made as provided in Paragraph 9.10 or Ul1lil no person or el1lity
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other than the Owner has an insurable intcrest in the property
required by this Paragraph I 1.3 to be covered, whichever is
earlier. This insurance shall include interests of the Owner the
Contractor, Subcontractors and Sub-subcontractors in' the
\X'ork,
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
coveragc, theft, vandalism, malicious mischief, collapse, false-
work, tcmporary buildings and debris removal including
dcmolition occasioned by enforcement of any applicable legal
requirements, and shall cover reasonable compensation for
Architect's services afld 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 rance 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-
subcontractors in the Work, an : a propriate Change Order
the cost thereof shall be charged to th wner. If the Contrac.
tor is danlaged 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 al son-
1Jp
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bles ch deductibles are identified in the Contract Docu.
ments, the ractor shall pay costs not covered because of
such deductibles, Owner or insurer increases the required ~
minimum deductibles a the anlOunts so identificd or if the
Owner elects to purchase this 1 rance with voluntary deduc- iff
tibie anlounlS, 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 tIle Contr;Jct Docu.
merits, 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 transil.: i J.. L
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11.3.2 Boller and Machinery Insurance. @ g7"I\" shall
purchase and' maintain boiler and machinery insurance
required by the Contract Documents or by law, which shall
specifically co vcr such insured objects during installation and
until final acceptance by the Owner; this insurance shall include
interests of the Owner, ContractOr, Subcontractors and Sub.
subcontractors in the Work, and the Owner and Contractor
shall be nluned insureds.
~ 11.3.3 LoSs of Use Insurance. The Owner, at the Owner's
option. may purchase and maintain. such insurancc as will
insure the Owner against loss of use uf the Owner's property
due to tire or other hazards, however caused. Thy g'''I~lir
. . ""'Ui"YB nH rights c f tlf:ri@R u~'lij;q[t th~ Cc....tr.H~tAr" ('''r lAce r.( 11C"~.
1Jf thg Q":'"'~lU'f: Frcq;9rt:', in~"I~I:'18 "<:'''"' "PIT "-...,ti,, I InC'CI'IL' rill"'" tJ)
"",e ,)f othel htiEBfSS h~l~'y.'gr '~~''''''fd.
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risks othe ose described herein or for other special haz-
ards be included in t tv insurance policy, the Owner
shall, if possible, include such insu . lei the cost thereof
shall be charged to the Contractor by appro hange
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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 lect
thro h a policy or policies other than those insuring th Proj-
ect d ring the construction period, the Owner sha.l1 w 've all
rights accordance with the terms of Subparagraph I .3.7 for
damag caused by fire or other perils co\'ered by thi separate
property insurance. All separate policies shall pr vide this
waiver 0 subrogation by endorsement or otherwis .
11.3.6 Bd re an exposure to loss may occur, the Owner shall
me with th Contractor a copy of each policy hat 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 !icy will nOt be
cancelled or allo 'ed to expire until at least days' prior writ-
ten notice has be n given to the Col1tract .
ubrogatlon, The 0 ner and Contractor
waive all rights agai t (1) each other an any of their subcon-
tractors, sub-subcont ctors. agents and mployees, each of the
other, and (2) the AI itect, AIchitec s consultants. separate
contractors described j Article 6, if y, and any of their sub-
contractors, sub-subco tractors, ag nts and employees, for
damages caused by firc 0 othcr per's to the extent covcred 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 cis such insurance held by the
Owner as fiduciary. The 0'\\ er or Contractor, as appropriate,
shall require of the AIchitect, chitect's consultants, separate
contractors described in Artic 6, if any, and the subcontrac-
tors, sub-subcontractors, age s d employecs of any of them,
by 3ppropriate 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 endorsemcnt 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 rwise have' duty of indemnification,
contractual or otherwi e, did not pay the insurance premium
directly or indirectly. nd whether or 1 otthe person or entity
had an insurable inte est in the propen damaged.
11.3.8 A loss insur d under Owner's pro erty insurance shall
be adjusted by th Owner as fiduciary and ade payable to the
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 11 J.l O. The Co tractor shall pay
Subcontractor their just shares of insurance p ceeds received
by the COnt ,ICtor. and b}' appropriate agree lents, written
where legall required for validity. shall require bcontractors
to make yments to their Sub-subcontracto s in similar
I11;mner.
11.3.9 If required in writing by a party in intcrest.
as fidu ary sh:lIl. upon occurrence of an insured
bond f r proper performance of the: Owner's duties. he cost
of re ired bonds shall be charged against proceeds rec ived as
t1duc'ar\'. The Owncr shaH deposit in a separate accou t pro-
cee so recein:d. which the Owner shall distribute in ccor-
da! e with such agreement as the parties in intcrest 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 h
ss no other special agreement is madc. 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;.jf i:',I~b Q'gj~"t;Q>l ~e
D''lr1P "lrhirr"ltf'\rc ch'lll hI'" rhr'lcpn 'lC rrr'\'d,-lprI in P"lr'lgl:'''lrh A. 5
TRi 0?'R@r flE HSbiG:iar:' sRall, iR that ~ar@, rRal:8 G8rtlBFR8lXlt 'l;rir.h
1I;U:lJnilfE iA A~~9rgaR~3 "rich sir8cti@llS ef sldeh tlfeitnH8fO If
..i(tril?Mti8~ Qf il?f"rAR~~ Frg'~e~Qi l)~' ..,rbirr,tiQn if rpl1",.Pr!,
tbp"H.Qi[r~"')rr n'ilI Qlr,""('1> f'l~h ?irtri?"t;""...
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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, takc no action with respect to
partial occupancy or use that would causc cancellation, lapse or
reduction of insurance.
11.4 PERFORMANCE BOND AND PAYMENT BOND
_ 1J..f.1 if...!;! 01' fler BI:I811 R8"l.! tRl.! riSRt to rll~'lil;ol~ Contracp'"
~~ furnish bonds covering faithful performance of the Con-
tract and payment of obligations arising thereunder as ~13
fat@s iF} eiElEliRg reEJ~ire~eAts or rl0t(Hi~9JI~. rv~tljr~Q iR tt"'w
met J;;>S'R~%tE e~lI Qata sf 9Te\l.tiSR sf tlaw CelltFQ'i1t.
..I'" .tfI" ic &-.).
11.4. Upon the re~uest of anJ person or entity appearing to
be a potential beneficiary of bonds covering pa)'mem of obliga-
tions arising under the Contract, thc Contractor shall promptly
furnish a copy of the bonds or shall permit a copy to be made.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 If a portion of the Work is covered contrary to the
Architect's request or to requirements specifically expressed in
the Contract Documents. it must. if required in writing by the
Architect, be uncovered for the Architect's observation and be
replaced at the Contractor's expense without change in the
Contract Time.
12.1,2 If a portiOn of the Work has been covered which the
Architect has not specifically requestcd to observe prior to its
being covered, the Architect may request to see such Work and
it shall be uncovered by the Contractor. If such \'(fork is in
accord;u1Ce with the C011lract Documents, costs of uncover-
ing and replacement shall, br appropriate Change Order, be
charged to the Owner. If such \,\Iork is not in accordance with
the Contract Documents, the Contractor shall pay such costs
unless the condition <;vas causcd by the Owner or a separate
contractor in which event the Owner shall bl: responsible for
payment of such costs.
12.2 CORRECTION OF WORK
12.2.1 The Contractor shall rromptly correct Work rejected
by the Architect or failing to conform to the re<.juiremel1ls of
the Contract Oocumellls, whether observeu before or after
Substantial Complction and whether or not fabricated. installed
or complcted. The ContractOr shall bear costs of currecting
such rejected \Vurk, including additional testing and insrec-
tions and compensation for the: Arcllitect's services and
expenses made necessary thereby.
12.2.2 If. within one year after thc date of Substalllial Comple-
lion of the \,\Iork or designated portion thereof, or after the d;ite
AlA DOCUMENT A201 . GENERAl. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA'" . @19H7 THE MIERICAN INSTITUTE OF ARCHITECTS, 17'\5 NEW YORK AVENUE. NW.. WASHINGTON, D.C. 21JIXJ6
A201.1987 21
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for commencement of warranties established under Sub:
paragraph 9.9.1, or by terms of an applicable special warranty
required by the Contract Documents, any of the Work is found
to be not in accordance with the requirements of the Contract
Documents, the Contractor shall correct it promptly after
receipt of written notice from the Owner to do so unless the
Owner has previously given the Contractor a written accep-
tance of such condition. This period of one year shall be
extended with respect to portions of Work first performed after
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 \X'ork 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 danl;lges 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 rhe Contractor's correction or removal of \"(lork
which is not in accordance with the requirements of the Con-
tract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall bc con-
strued to establish a period of limitation with rcspect to other
obligations which the Contractor might have under the Con-
tract Documents. Establishment of the time period of one year
as described in Subpar.igraph 12.2,2 relates only to the specific
obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply
with the Contract Documents may be sought to be cnforced,
nor to the time within which proceedings may be commenced
to establish [he COIllractor's liability with respect tu 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 is not in
accordance with the requirc:mcIlts of the Contract Documents,
the Owner may do so instead of requiring its removal ;U1d cor-
rection. in which case the COIllract Sum will he rcduced as
appropriate and equitable. Such adjustment shall be effected
whether or nut final 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 tu the other party hereto and to partners, successors,
assigns and legal representatives of such other party in respect
to covenants, agreements and obligatiuns contained in thc Con-
tract Documents. Neither party to the Cuntract shall assign the
Contract as a whole Without written consent of the other. If
'either part}' attempts to make such an assignment without such
consent, that party shall nevertheless remain legally responsible
for all obligations under the Contract.
13.3 WRITTEN NOTICE
13.3.1 \Vritten notice shall be deemed to have been duly
served if delivered in person to the individual or a member of
the firm or entity or to an officer uf the corporation for which it
W;IS intended, or if delivered at or sent by registered or certified
mail to the last business address known to the party giving
notice.
13.4 RIGHTS AND REMEDIES
13.4.1 Duties and obligations impused by the Contract Docu-
meIllS and rights and remedies available thereunder shall be in
addition 1.0 ;Uld nOt a limitation of duties, obligations, rights and
remedies otherwise imposed ur ;lVailable by law.
13.4.2 No action or failure to act by the Owner, Architect or
Contractor shall constitute a waiver of a right or duty afforded
them under the Contract, nor shall such actiun or failure to act
constitute approval of or acquiescence in a bre;lcl1 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
\,\fork required by the Contract Ducull1enr.~ or by laws, ordi-
nances, rules, regulations or orders of public authorities having
jurisdictiun shall be made at an appropriate time. Unless other-
wise provided, the Contractor shall make arrangements for
such tests, inspectiuns and approvals with an independellt test-
ing laboratury or entity acceptable to the Owner, or with the
appropriate public authority, and shall bear all related costs of
tests, inspections and approvals. The Contractor shall give the
Architect timcly notice of when and where tests and inspec-
tions are to be made so the Architect may ohserve sllch proce-
dures. The Owner shall hear costs of tests, inspections or
appruvals which do not become requirements until after bid.'1
are received or negotiations concludcd.
13.5,2 If the Architect, Owner or puhlic authorities having
iurisdiction determine that portions of the Work require addi-
tional testing, inspcction or approval not included under Sub-
paragraph 13.5.1, the Architect will, Llpon \vritten authorization
from the Owner. instruct the Contractor to make arrangemcnts
for such adctitional testing, inspection or apprOl'al by ~n entity
acceptable to the Owner, and the Contractor shall give timely
notice to the Architect of when and where tests ~nu inspections
are to he m~de so the Architect may observe such procedures.
22
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AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA'!' . @1\)H7 THE A~IERICAN INSTITUTE OF ARCHITECTS. 17.\5 NEW YORK AVENUE. N'w.. \VASHtNGTON, D.C. 21111116
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The Owner shall bear such costs except as provided in Sub-
paragraph 1;3.5.).
13.5.3 If such procedures for testing, inspection or approval
under Subparagraphs 13.5.1 and U.5.2 reveal failure of the
portions of the Work to comply with requirements established
by the Contract Documents, the Contractor shall bear all costs
made necessary by such failure including those of repeated
procedures and compensation for tl1e Architect's services and
expenses.
13.5.4 Required certificttes of testing, inspection or approval
shall, unless otherwise required by the Contract Documents, be
secured by the Contractor and promptly delivered to the
Architect. .
13.5.5 If the Architect is to observe tests, inspections or
approvals required by the Contract Documents, the Archittct
will do so promptly and, where practicable, at the normal place
of testing.
13.5.6 Tests or inspections conducted pursuant to the Con-
tract Documents shall be made promptly to avoid unreasonable
delay in the Work.
13.6 INTEREST
13.6.1 Payments due and unpaid under the Contract Docu-
ments shall be:lr interest from the date payment is due at such
rate as the parties may agree upon in writing or. in the absence
thereof, at the legal rate prevailing from time to time at the place
\vhere the Project is located.
13.7 COMMENCEMENT OF STATUTORY
LIMITATION PERIOD
13.7,1 As between the Owner :lnd Contractor:
,1 Before Substantial Completion. As to aCts or failures
to act occurring prior to the relevant date of Substan-
tial Completion, any appliC:lble statute of limitations
shall conunence to 1l.U1 and any alleged cause of action
shall be deemed to have accrued in any and all events
nut later than such date of Substantial Completion;
,2 Between Substantial Completion and Final Certifi-
cate for Payment. As to acts or failures to act occm-
ring subsequent to the relev:lnt date of Substantial
Completion and prior to issuance of the final Cerrit!-
Clle for Payment, any applicable statute of limitations
shall commence to run and any alleged cause of
action shall be deemed to have accrued in any and all
events no[ later than the date of issuance of the final
Certificate for Payment: and
.3 After Final Certificate for Payment. As to acts or
failures to act occurring after the relevant date of issu-
ance of the final Certificate for Payment, any appli-
cable statute of limitations shall commence to run and
;II1Y :Illeged calise uf action shall be de~med to have
accrued in any and all events not later than the date of
any act m failure li.l act by the Contractor pursuant to
any warranty provided under Paragraph _~.5. the date
Ill' any correction of the Work or failure tl) correct the
Work by the ContractuI' U1:HJer Paragraph 12.2, or the
date of actual commission of any other act or failure
to perfurm any duty ur ubligation by the Contractor
or Owner. whichever occurs last.
ARTICLE 14
lERMINA liON OR SUSPENSION
OF THE CONTRACT
14.1 TERMINATION BY THE CONTRACTOR
14.1.1 The Contractor may terminate the Contract if the Work
is stopped for a period of 30 days through no act or fault of the
Contractor or a Subcontractor, Sub-subcontractor or their
agems or employees or any other persons performing portions
of the Work under contract with the Contractor, for any of the
following reasons:
.1 issuance of an order of a court or other public author-
ity having jurisdiction;
.2 an act of government, such as a declaration of national
emergency, making material unavailable; 1r
.-4 9":"'''?'l[oP th<" \. r<:,httoP'"'' h~f ."'?t :ff"&>Q >1 rp.rtif'i/""t~ fr"\r
.p?:.~1tnt "~g b~r rl9t nQtjtd~Q th~ CQntr~('''nr r.r ,.1"0 ~
r~~[?'[;l ~'r '?'ithholtaiRB ....\Jrtit:i~ati9r;;l '1f pr",.i~~? :....
c..hp"......gr~J.:'h ~ '1 I, ?f e2eeYJS8 tR8 'In'IiiJ.Bf RRS t~Wf
IlVlo,-t~ r'):rn"l~r'\t r'\n ~ C<",.tHd.(,~H~ w,. D,,:'n"'\~nt n.itl~
+"':, tip"'~ n~nvg iR tR8 Contraet D13e~uHent~
.4 if repeated suspensions, delays or interruptions by the
Owner as described in Paragraph 14.3 constitute in
the aggregate more than 100 percent of the total num-
ber of days scheduled for completion, or 120 days in
any 365-day period, whichever is less; or
.5 the Owner has failed to furnish to the Contractor
promptly, upon the Contractor's request, reasonable
evidence as required by Subparagraph 2.2.1,
14.1.2 If one of the above reasons exists, the Contractor may,
upon seven additional days' written notice to the Owner and
Architect. terminate the Contract and recover from the Owner
payment for Work executed and for proven loss with respect ~
to materials, equipment, tools, and construction equipment
and 111Jchinery,_ il"'l....lllt"ling r~:.Afr'n.ll?l~ r""~rR~'l<J, pJ;nt:it L'IHJ.J ~~
~lA8OC. At /
14.1.3 If the Work is stopped for a period of 60 day~ through
. no act or fault of the Contraclllr Dr a SubcontractDr or their
agents or empluyees or any other per~on~ performing portiDns
of tht: \\lurk under contract with the Contractor because the
Owner has persistently !':tiled to fult1ll tht: Owner'~ Dbligations
under the Contract Oucuments with respect to n1Jtler~ impor-
tant to the progre~s Df the \X/urk, the Contractor may, upon
seven additional days' written nu[ice to the Owner and the
Architect. terminate the Contract anLl recover from the Owner
as provided in Subparagraph 1 o.!.I.2.
14.2 TERMINATION BY THE OWNER FOR CAUSE
14,2.1 The Owner m:IY terminate the Contract if the
Contractor:
,1 persistently ur repeatedly refuses or fails tD supply
enD ugh properly skilled workers or proper materials;
,2 fails ll> make payment to Subcontractors for materials
or labur in accordance with the respective;: agreements
between the Contracll>r and the Suhcuntractors;
.3 persistently disregards laws, mclinances. or rules, reg-
ulatiOJ1s IJr urdt:rs uf a public authority having juris-
dictiDn: or
.4 otherwi~e is guilty of suhstantial hreach uf a provisioJ1
uf tile COlHract Ducuments.
14.2.2 \X.'hen any l)f the abDve rea~()nS exist, the 0\\'11(:1'. upon
certil1catiDn by the Architect that sufficient cause exi~ts [0 jus;
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOUHTEENTH EDITION
AIA~' .@J\lH7 THE AMERICAN INSTITUTE OF ARCHITECTS, 17:~S NEW YORK AVENUE, N.\X'" WASHINGTON, D.C. 21111116
A201.1987
23
. """' jo.
.-.
" :-:;
..
~~t ..
....,
:,
t1fy such action, may without prejudice to any other rights or
remedies of the Owner and after giving the Contractor and the
Conuactor's surety, If any, seven days' written no tic'e , termi.
nate empioyment of. the Contractor and may, subject to any
prior rights of the' surety:. '. .
.1 take possession of the site and of all materials, equip- .
ment, tools, and construction equipment'and machln.
. ery thereon owned by the Contractorj
.2 accept assIgnment of subconuacts pursuant to Para.
graph 5.4; and .'
.3, finish the Work by whatever reasonable method the
Owner may deem expedient:
14.2.3 When the Owner terrrlinates the Contract for one of the
reasons stated in Subparagraph. 14.2,1, the Contractor shall not
be entitled to receive further payment until the Work is
finished, . . I
14.2.4 If the. unpaid baiance of the Contract Sum exceeds costs
of finishing the Work; including compensation for the ArchJ~
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
'*77i.e ,JJ,~T/e:.S '/IGI!ee -ml( /1&//ff/.IJMY
;1:f PR/6/JItIAU-V dI.e/7TEV /.v -me /'YY? $1f)/7;lt'N
/PJI$Pe1GtJ vt!fes"/.?;u ~h~~ /r~ .
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 sh2.ll survive termina-
tion of the Conuaq, . .
14.3' SUSPENSION BY THE OWNER
FOR CONVENIENCE
14.3.1 The Owner may, without cause, order the Contractor in
writing to suspend, delay. or interrupt the Work in whole or In
part fors~ch period of time as the Owner may determine,
14.3.2 An adjustment shall be made for increases in the cost of
performance of the Contract, lricluding.profif on the incr,eaSed
cost of performance, .caused by su~penslo~, delay orlnterrup-
tion: No adjustment shall be made to the extent:
.1 that perfomiance 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 th!sContract.
14.3.3 Adjustments made In th.e cost of performance may have
a mutually agreed fixed or percentage fee. .
tJ~ /'.ARAG.e/;~# /~$~~ oe- t&t= ._-:Yn".!,('-::_::
,?F' At'e11 d""'h'AL' 7'?1kE //f!ec!E~/e.E ~J/E-<,..;17
This Agre!'lment'is intended by the Parties to, and does, supersede any and all provisions of the Georgia PromPt Pay Act,
. O.C.G.A. Section' 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the
Prompt Pay Act, the provision ofthis.Agreement shall control.
H.
I >.
I....
All claims, disputes and other matt~ in question between the Owner and the Contractor arising out of or relating to the
Agreement, or the bre.ach thereof, shall be decidediil the Superior Court of Richmond County, Georgia. The Contractor, by
executing this Agreement, Specifically consents to jurisdiction and venue in Richmond County and waives any right to.
contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. .
, .
L.
:NotwithStailding 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,
metho~,. techniques. sequences or procedures of construction tha~ are not determined to be equiva1en~ 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 Ac~ (O.C.G.A' ~ 50-18-70, et seq,). Contractor shall cooperate fully in
responding to such request ~d making all records, not exempt, available for inspection and copying as provided by law.
. .
All reference to AlA Document A201-1987 in the Standard Forni of Agreement Between Owner and Contractor shall
reference only this amended and attached version.'
The Contractor evidepced by his below signature assents to the hereinabove modifications, deletions, and/or amendments to
this docum
.#);~.
Date
. tll!' /() ~-
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