|
§ 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 />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,
<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 parry'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 />§ 15.2 Initial Decision
<br />§ 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the
<br />period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be
<br />referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless
<br />otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision
<br />shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered within
<br />30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the Claim may demand
<br />mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker
<br />and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons
<br />or entities other than the Owner.
<br />§ 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more
<br />of the following actions: (1) request additional supporting data from the claimant or a response with supporting data
<br />from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5)
<br />advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks
<br />sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial
<br />Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim.
<br />§ 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek
<br />information from either party or from persons with special knowledge or expertise who may assist the Initial Decision
<br />Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such
<br />persons at the Owner's expense.
<br />§ 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional
<br />supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a
<br />response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data
<br />will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of
<br />the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in
<br />part.
<br />§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that
<br />the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the
<br />reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision
<br />Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on
<br />the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute
<br />resolution.
<br />§ 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1.
<br />Init. AIA Document A2018— 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The
<br />American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 38
<br />registered trademarks and may not be used without permission. This document was produced by AIA software at 11:53:33 CT on 10/15/2020 under Order
<br />No.6421824392 which expires on 04/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
<br />Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
<br />User Notes: (1263491182)
<br />
|