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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 />§ 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first
<br />performed after Substantial Completion by the period of time between Substantial Completion and the actual
<br />completion of that portion of the Work.
<br />§ 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the
<br />Contractor pursuant to this Section 12.2.
<br />§ 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the
<br />requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.
<br />§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate
<br />Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of Work that
<br />is not in accordance with the requirements of the Contract Documents.
<br />(Paragraph deleted)
<br />§ 12.3 Acceptance of Nonconforming Work
<br />If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the
<br />Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as
<br />appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.
<br />ARTICLE 13 MISCELLANEOUS PROVISIONS
<br />§ 13.1 Governing Law
<br />The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s
<br />choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal
<br />Arbitration Act shall govern Section 15.4.
<br />§ 13.2 Successors and Assigns
<br />§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal
<br />representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in
<br />Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other.
<br />If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally
<br />responsible for all obligations under the Contract.
<br />§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction
<br />financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The
<br />Contractor shall execute all consents reasonably required to facilitate the assignment.
<br />§ 13.3 Rights and Remedies
<br />§ 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder
<br />shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available
<br />by law.
<br />§ 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty
<br />afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a
<br />breach thereunder, except as may be specifically agreed upon in writing.
<br />§ 13.4 Tests and Inspections
<br />§ 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract
<br />Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public
<br />authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and
<br />approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public
<br />authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Owner and
<br />Architect timely notice of when and where tests and inspections are to be made so that the Owner and Architect may
<br />be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become
<br />requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for
<br />tests, inspections, or approvals where building codes or applicable laws or regulations so require.
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