|
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 />32
<br />Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner’s property, due to
<br />fire or other hazards however caused.
<br />§11.5 Adjustment and Settlement of Insured Loss
<br />§ 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as
<br />fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to
<br />requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and
<br />Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect
<br />and Contractor shall make payments to their consultants and Subcontractors in similar manner.
<br />§ 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed
<br />settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt
<br />of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the
<br />Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner
<br />shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no
<br />other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor
<br />shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that
<br />purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the
<br />proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising
<br />out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any
<br />dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed
<br />Work.
<br />ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
<br />§ 12.1 Uncovering of Work
<br />§ 12.1.1 If a portion of the Work is covered contrary to the Owner’s or Architect’s request or to requirements
<br />specifically expressed in the Contract Documents, it must, if requested in writing by theOwner, be uncovered for the
<br />Owner’s or Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time.
<br />§ 12.1.2 If a portion of the Work has been covered that the Owner or Architect has not specifically requested to
<br />examine prior to its being covered, the Owner or Architect may request to see such Work and it shall be uncovered by
<br />the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an
<br />equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance
<br />with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s
<br />expense unless the condition was caused by the Owner, the Architect, or a Separate Contractor in which event the
<br />Owner shall be responsible for payment of such costs.
<br />§ 12.2 Correction of Work
<br />§ 12.2.1 Before Substantial Completion
<br />The Contractor shall promptly correct Work rejected by the Owner or Architect or failing to conform to the
<br />requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated,
<br />installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of
<br />uncovering and replacement shall be at the Contractor’s expense.
<br />§ 12.2.2 After Substantial Completion
<br />§ 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial
<br />Completion of the Work or designated portion thereof or after the date for commencement of warranties established
<br />under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the
<br />Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it
<br />promptly after receipt of written notice from the Owner to do so, unless the Owner has previously given the Contractor
<br />a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition.
<br />During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor
<br />an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make
<br />a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during
<br />that period after receipt of notice from the Owner , the Owner may correct it in accordance with Section 2.5.
|