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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,
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<br />User Notes: (1345795138)
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<br />any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under
<br />Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the
<br />extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or
<br />indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to
<br />the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the
<br />Contractor’s obligations under Section 3.18.
<br />§ 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty
<br />shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated
<br />by the Contractor in writing to the Owner and Architect.
<br />§ 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or
<br />create an unsafe condition.
<br />§ 10.2.8 Injury or Damage to Person or Property
<br />If either party suffers injury or damage to person or property because of an act or omission of the other party, or of
<br />others for whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be
<br />given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide
<br />sufficient detail to enable the other party to investigate the matter.
<br />§ 10.3 Hazardous Materials and Substances
<br />§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents
<br />regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not
<br />addressed in the Contract Documents and if, in the Contractor’s reasonable opinion, reasonable precautions will be
<br />inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including
<br />but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the
<br />Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner
<br />and Architect of the condition in writing.
<br />§ 10.3.2 Upon receipt of the Contractor’s notice, the Owner shall obtain the services of a licensed laboratory to verify
<br />the presence or absence of the material or substance reported by the Contractor and, in the event such material or
<br />substance is found to be present, to cause it to be rendered harmless. The Owner shall furnish in writing to the
<br />Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the
<br />presence or absence of the material or substance or who are to perform the task of removal or safe containment of the
<br />material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or
<br />not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or
<br />Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the
<br />Contractor and the Architect have no reasonable objection. When the material or substance has been rendered
<br />harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change
<br />Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the
<br />Contractor’s reasonable additional costs of delay in initial commencement of the Work due to site access issues,
<br />suspension, shutdown, delay, and start-up.
<br />§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor,
<br />Subcontractors, Architect, Architect’s consultants, and agents and employees of any of them from and against claims,
<br />damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from
<br />performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or
<br />death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or
<br />expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
<br />(other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of
<br />the party seeking indemnity.
<br />§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the
<br />Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner
<br />shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of
<br />the Contractor’s fault or negligence in the use and handling of such materials or substances.
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