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<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)
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<br />promptly report to the Owner and Architect any nonconformity discovered by Contractor or made known to the
<br />Contractorby others through written notice.
<br />§ 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the
<br />Owner or Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2
<br />or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations
<br />of Sections 3.2.2 or 3.2.3, the Contractor waives its claim for additional construction costs, as would have been
<br />avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor
<br />shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the
<br />Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for
<br />nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and
<br />lawful orders of public authorities.
<br />§ 3.3 Supervision and Construction Procedures
<br />§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The
<br />Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences,
<br />and procedures, and for coordinating all portions of the Work under the Contract.
<br />§ 3.3.2 The Contractor shall be responsible for inspection of portions of Work already performed to determine that
<br />such portions are in proper condition to receive subsequent Work.
<br />(Paragraph deleted)
<br />§ 3.4 Labor and Materials
<br />§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,
<br />materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other
<br />facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent
<br />and whether or not incorporated or to be incorporated in the Work.
<br />§ 3.4.2 Except in the case of minor changes in the Work approved by the Owner in accordance with Section 3.12.8, the
<br />Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in
<br />accordance with a Change Order or Construction Change Directive.
<br />§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other
<br />persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly
<br />skilled in tasks assigned to them.
<br />§ 3.5 Warranty
<br />§ 3.5.1 The Contractor warrants to the Owner that materials and equipment furnished under the Contract will be of
<br />good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that
<br />the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those
<br />inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not
<br />conforming to these requirements may be considerednon-conforming. The Contractor’s warranty excludes remedy for
<br />damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient
<br />maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner or Architect,
<br />the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Other than the
<br />above, Contractor makes no other warranty, representation or guarantee, whether express or implied and any such
<br />warranty not expressed above are expressly disclaimed.
<br />§ 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the
<br />name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4.
<br />§ 3.6 Taxes
<br />The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are
<br />legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to
<br />go into effect.
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