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AIA Document A2 01- - 2017
<br />General Conditions of the Contract for Construction
<br />§ 15.1.7 Waiver of Claims for Consequential Damages
<br />The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this
<br />Contract. This mutual waiver includes
<br />.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and
<br />reputation, and for loss of management or employee productivity or of the services of such persons; and
<br />.2 damages incurred by the Contractor for principal office expenses including the compensation of personnel
<br />stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit
<br />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 liquidated
<br />damages, when applicable, in accordance with the requirements of the Contract Documents.
<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, of the
<br />nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not
<br />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 accordance
<br />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 as
<br />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 dispute
<br />resolution.
<br />§ 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise,
<br />shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation
<br />Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other
<br />party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently
<br />with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding
<br />dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing,
<br />unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section
<br />15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later
<br />proceedings.
<br />§ 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or
<br />60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for
<br />binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute
<br />resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings
<br />with respect to the initial decision.
<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 where
<br />the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable
<br />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 Claim
<br />subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise,
<br />shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules
<br />in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless
<br />AIA Document A201s - 2017. Copyright 1911, 1915, 1916, 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` Document, or any portion of it, may result
<br />n severe civil and criminal penalties, and will 1- prosecuted to the maximum extent possible under the law, This draft was
<br />or.
<br />dured by ArA software at 09:02:25 on 0,/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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