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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
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<br />User Notes: (1345795138)
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<br />§ 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented
<br />by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably
<br />anticipated, and had an adverse effect on the scheduled construction.
<br />§ 15.1.7 Waiver of Claims for Consequential Damages
<br />To the fullest extent permitted by law, the Contractor and Owner waive Claims against each other for consequential
<br />damages arising out of or relating to this Contract. This mutual waiver includes
<br />.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
<br />business and reputation, and for loss of management or employee productivity or of the services of such
<br />persons; and
<br />.2 damages incurred by the Contractor for principal office expenses including the compensation of
<br />personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except
<br />anticipated profit arising directly from the Work.
<br />This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in
<br />accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of
<br />liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.
<br />(Paragraphs deleted)
<br />§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any,
<br />of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may,
<br />but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.
<br />§ 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in
<br />accordance with applicable law to comply with the lien notice or filing deadlines.
<br />§ 15.3 Mediation
<br />§ 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived
<br />as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding
<br />dispute resolution.
<br />§ 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree
<br />otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry
<br />Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing,
<br />delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The
<br />request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event,
<br />mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending
<br />mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties
<br />or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the
<br />selection of the arbitrator(s) and agree upon a schedule for later proceedings.
<br />§ 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the
<br />dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the
<br />other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to
<br />file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding
<br />dispute resolution proceedings.
<br />§ 15.3.4 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place
<br />where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall
<br />be enforceable as settlement agreements in any court having jurisdiction thereof.
<br />§ 15.4 Arbitration
<br />§ 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any
<br />Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree
<br />otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry
<br />Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the
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