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AIA Document A2 01TH - 2017
<br />General Conditions of the Contract for Construction
<br />§ 2.5 Owner's Right to Carry Out the Work
<br />If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-
<br />day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with
<br />diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or
<br />neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect
<br />and the Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the
<br />extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including
<br />Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect, or
<br />failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the
<br />Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the
<br />Owner, the Contractor may file a Claim pursuant to Article 15.
<br />ARTICLE 3 CONTRACTOR
<br />§ 3.1 General
<br />§ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract
<br />Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the
<br />Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the
<br />Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's
<br />authorized representative.
<br />§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents.
<br />§ 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract
<br />Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests,
<br />inspections or approvals required or performed by persons or entities other than the Contractor.
<br />§ 3.2 Review of Contract Documents and Field Conditions by Contractor
<br />§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become
<br />generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with
<br />requirements of the Contract Documents.
<br />§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work,
<br />carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information
<br />furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that
<br />portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of
<br />facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or
<br />inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors,
<br />inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the
<br />Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and
<br />not as a licensed design professional, unless otherwise specifically provided in the Contract Documents.
<br />§ 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws,
<br />statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly
<br />report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in
<br />such form as the Architect may require.
<br />AIA Document A201" - 2017. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
<br />and 2017 by The American Institure of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright
<br />Law and International Treaties. Unauthorized reproduction or distribution of this AIAa Document, or any portion of it, may result
<br />n severe c vrl and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This draft was
<br />produced byAIAsoftware at 09:02:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/2019, and is not for resale.
<br />User Notes: (3B9ADA17)
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