8.1. SR 09-21-2020 - Laserfiche WebLink

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§ 11.2.2 Within 30 days of the Owner's receipt of the Construction Manager's final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. § 11.2.2.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of the audit, submit a written report based upon the auditors' findings to the Architect. § 11.2.2.2 Within seven days after receipt of the written report described in Section 11.2.2.1, Owner will not conduct an audit, and provided that the other conditions of Section 11.2.1 hai will either issue to the Owner a final Certificate for Payment with a copy to the Construction Construction Manager and Owner in writing of the Architect's reasons for withholding a cerl Article 9 of AIA Document A201-2017. The time periods stated in this Section 11.2.2 super; 9 of AIA Document A201-2017. The Architect is not responsible for verifying the accuracy Manager's final accounting. § 11.2.2.3 If the Owner's auditors' report concludes that the Cost of the Work, as substantiate( Manager's final accounting, is less than claimed by the Construction Manager, the Constructi( entitled to request mediation of the disputed amount without seeking an initial decision pursu-, Document A201-2017. A request for mediation shall be made by the Construction Manager v Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Fail within this 30-day period shall result in the substantiated amount reported by the Owner's and the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall Manager the amount certified in the Architect's final Certificate for Payment. § 11.2.3 The Owner's final payment to the Construction Manager shall be made no later than 30 of the Architect's final Certificate for Payment, or as follows: ceipt of notice that the en met, the Architect tiger, or notify the to as proviaea in those stated in Article the Construction tanager shall be Article 15 of AIA n 30 days after the to request mediation becoming binding on the Construction theissuance § 11.2.4 If, subsequent to final payment, and at the Owner's request, the Construction Manager incurs casts, described in Sections 7.1 through 7.7, and not excluded by Section 7.9, to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager for such costs, and the Construction Manager's Fee applicable thereto, on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If adjustments to the Contract Sum are provided for in Section 6.1.7, the amount of those; adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section 11.2.4 in determining the net amount to be paid by the Owner to the Construction Manager. § 11.3Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) «4.00 >a % «per annum >> ARTICLE 12 DISPUTE RESOLUTION § 12.1 Initial Decision Maker § 12.1.1 Any dispute between Owner and Construction Manager shall first and promptly be discussed between the parties for attempted resolution. If unsuccessful, either party may request mediation by a mutually -acceptable mediator. The parties shall share the costs equally. Mediation shall precede party commencement of litigation as set forth in 12.2 below provided, however, that if the statute of limitations may bar the claim either party may commence legal action to preserve its right pursue the claim and forbear from proceeding in the litigation until a good faith mediation process has been completed. § 12.2 Binding Dispute Resolution For any Claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) AIA Do—ent A133' - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "AmF+rt ca, it stn tits of 1ich to ts," `AIA,' the AIA Logo, and `AIA Contract Do<;ument are registered tr dema ks and may not b ased �� wnhouc �� im Ls,ion. This draft was produced by AIA software at 13:58:42 ET on 06/29/2020 under Order No.2067434383 which expires on 04/02/2021, is not 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, e-mail copyright@aia.org. User Notes: (1834312825)