|
Init.
<br />/
<br />AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights
<br />reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of
<br />The American Institute of Architects. This document was produced at 16:07:00 ET on 07/31/2023 under Order No.3104237129 which expires on 08/14/2023, is not
<br />for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations,
<br />e-mail docinfo@aiacontracts.com.
<br />User Notes: (1345795138)
<br />13
<br />§ 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of
<br />the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.
<br />§ 2.4 Owner’s Right to Stop the Work
<br />If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as
<br />required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner
<br />may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has
<br />been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner
<br />to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by
<br />Section 6.1.3. . If the Owner stops the Work as provided herein, the Contractor may be entitled to an extension of the
<br />Contract Time to complete the Work for the time during which the Work was stopped.
<br />§ 2.5 Owner’s Right to Carry Out the Work
<br />If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails
<br />within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such
<br />default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may
<br />have, correct such default or neglect. The amounts charged to the Contractor are both subject to prior approval of the
<br />Owner and the Owner may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part,
<br />to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies,
<br />including compensation for the Architect’s additional services made necessary by such default, neglect, or failure. If
<br />current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the
<br />Owner. If the Contractor disagrees with the actions of the Owner, or the amounts claimed as costs to the Owner, the
<br />Contractor may file a Claim pursuant to Article 15.
<br />ARTICLE 3 CONTRACTOR
<br />§ 3.1 General
<br />§ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the
<br />Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction
<br />where the Project is located. The Contractor shall designate in writing a representative who shall have express
<br />authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the
<br />Contractor or the Contractor’s authorized representative.
<br />§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents.
<br />§ 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract
<br />Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests,
<br />inspections or approvals required or performed by persons or entities other than the Contractor.
<br />§ 3.2 Review of Contract Documents and Field Conditions by Contractor
<br />§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become
<br />generally familiar with local conditions under which the Work is to be performed to the extent apparent through
<br />on-site visual observations, and correlated such personal visual observations with requirements of the Contract
<br />Documents. Contractor has not conducted and is under no duty to conduct subsurface testing.
<br />§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the
<br />Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the
<br />information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing
<br />conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These
<br />obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the
<br />purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall
<br />promptly report to the Owner and Architect any errors, inconsistencies or omissions discovered by or made known to
<br />the Contractor by others through a written request for information. It is recognized that the Contractor’s review is
<br />made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise
<br />specifically provided in the Contract Documents.
<br />§ 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws,
<br />statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall
|