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<br />AIA Document A2 01TM - 2017
<br />General Conditions of the Contract for Construction
<br />§ 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect
<br />issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor
<br />shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the
<br />Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the
<br />Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to
<br />the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for
<br />differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract
<br />Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities.
<br />§ 3.3 Supervision and Construction Procedures
<br />§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor
<br />shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures,
<br />and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions
<br />concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite
<br />safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or
<br />procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the
<br />Contractor shall give timely notice to the Owner and Architect, and shall propose alternative means, methods, techniques,
<br />sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent
<br />for the completed construction. Unless the Architect objects to the Contractor's proposed alternative, the Contractor shall
<br />perform the Work using its alternative means, methods, techniques, sequences, or procedures.
<br />§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees,
<br />Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on
<br />behalf of, the Contractor or any of its Subcontractors.
<br />§ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such
<br />portions are in proper condition to receive subsequent Work.
<br />§ 3.4 Labor and Materials
<br />§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials,
<br />equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services
<br />necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not
<br />incorporated or to be incorporated in the Work.
<br />§ 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or
<br />ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the
<br />Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive.
<br />§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons
<br />carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks
<br />assigned to them.
<br />§ 3.5 Warranty
<br />§ 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be
<br />of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the
<br />Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in
<br />the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these
<br />requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by
<br />abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or
<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 Institute 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 AIA'B Document, or any portion of it, may result
<br />severein civil and criminal penalties, and will be prosecuted to the m extent possible under the law. This draft was
<br />produced byAIA software at 09:02:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/2018, and is not for resale.
<br />User Notes: (3B9ADA17)
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