|
Ll
<br />7.7 TESTS
<br />7.7.1 If the Contract Documents, laws, ordinances, rules,
<br />regulations or orders of any public authority having juris-
<br />diction require any portion of the Work to be inspected,
<br />tested or approved, the Contractor shall give the Architect
<br />timely notice of its readiness so the Architect may observe
<br />such Inspection, testing or approval. The Contractor shall
<br />bear all costs of such inspections, tests or approvals con-
<br />ducted by public authorities. Unless otherwise provided,
<br />the Owner shall bear all costs of other inspections, tests
<br />or approvals.
<br />7.7.2 If the Architect determines that any Work requires
<br />special inspection, testing, or approval which Subpara-
<br />graph 7.7.1 does not include, he will, upon written au-
<br />thorization from the Owner, Instruct the Contractor to
<br />order such special Inspection, testing or approval, and the
<br />Contractor shall give notice as provided in Subparagraph
<br />7.7.1. If such special Inspection or testing reveals a failure
<br />,of the Work to comply with the requirements of the Con-
<br />tract Documents. the Contractor shall bear all costs there•
<br />of, including compensation for the Architect's additional
<br />services made necessary by such failure. otherwise the
<br />Owner shall bear such costs. and an appropriate Change
<br />Order shall be issued.
<br />7.7.3 Required certificates of inspection, testing or ap•
<br />proval shall be secured by the Contractor and promptly
<br />delivered by him to the Architect,
<br />7,7.4 It the Architect i} to observe the inspectionst tests
<br />or approvaN required by the Contract DoKuments, he will
<br />dry it, womptly, and, %vht*re practicable, at the source of
<br />supply
<br />7,8 INTEREST
<br />7.8.1 Payments due and unpaid under the Contract
<br />Documents shall bear interest fr0:m the date payment i>
<br />due at such rate as the parties rn.av agree upon in %%ruing
<br />of. in the absence thereof, at the legal rate prevailing at
<br />the place of the Project.
<br />; ARBITRATION
<br />7.9.1 All claims. disputes ,end other matters in question
<br />bet%vctn the Contractor and the Omfner arising out oli, or
<br />relating to,, the Contract Documeni+ of the breach there,_
<br />Of,, except as Provided in SubPafageaph 2.-1 11 iivith re-
<br />spect to the Architect � decisions on ttlalleti tolating to
<br />artistic effect, and e cew tot claims which have" twn
<br />waived by the making or ACCeptancc of irnal p;Ivment as
<br />provided bi° Subparagraph% 9 £i a and 9 9 S. shall be de.
<br />Bided by arbitration in accordance with the Conofuc'tion
<br />Industry Arbitration Rules of lire AmeriCan Afbitration
<br />A`socration then obtaining unless litre parties mutually
<br />agree otherwise No arbittation arising,` out of or relating
<br />to the Contract Documents shall include. by consolida-
<br />lion, joinder or in any other manner, the Architect, his
<br />emplovees of consultants except by %votlen Consent Con.
<br />Coining a specific ret:renct- to the Ow•ner•Cunttaciot
<br />Agreement and signed by the architect, the Owner. the
<br />Contractor and any other person sought to be joined. No
<br />arbitration shall include by consolidation, toincler of in
<br />any other manner paroe% Coil _r than the O%vner. the
<br />Contractor and any other persons substantially insolved
<br />in a common question of iact or law, whose presence is
<br />required if complete relief is to be accorded in the arbi-
<br />tration. No person other than the Owner or Contractor
<br />shall be included as an original third party or additional
<br />third party to an arbitration whose interest or responsi-
<br />bility is Insubstantial. Any consent to arbitration involving
<br />an additional person or persons shall not constitute con-
<br />sent to arbitration of any dispute not described therein or
<br />with any person not named or described therein. The
<br />toregoing agreement to arbitrate and any other agreement
<br />to arbitrate with an additional person or persons duly
<br />consented to by the parties to the Owner -Contractor
<br />Agreement shall be specifically enforceable under the
<br />prevailing arbitrat in law. The award rendered by the
<br />arbitrators shall b, final, and judgment may be entered
<br />upon it in accords -ice with applicable law in any court
<br />having jurisdiction thereof.
<br />1.9.2 Notice of ae demand for arbitration shall be filed
<br />in writing with the other party to the Owner -Contractor
<br />Agreement ano with the American, Arbitration Associa-
<br />tion, and a copy shall be filed with the Architect. The
<br />demand for arbitration shall b:; made within the time
<br />limits specified in Subparagraph 2.2.12 where applicable,
<br />and in all other cases within a reasonable time after the
<br />claims, dispute or other matter in question has arisen, and
<br />in no event shall if be made after the date when instilu-
<br />iron of legal or equitable proceedings based on such
<br />claim., dispute or other matter in cluciiion would be
<br />foamed by the applicable statwo of limitations.
<br />7.9.3 Unless rathutwase agreed in wtitrng, file Contractor
<br />shall taro% tin the Work and m,4iniain its progreii during
<br />anv arbitration prexetclim s.. and the Owner shall con•
<br />tinue to mAke par° rend} to the Contr4+clof in accordance
<br />with the Contract Documents
<br />ARTICLE 8
<br />TIME
<br />g,l DEFINITIONS
<br />8.1.1 Vnles; Othenv-ise picivided, the Contract Time is the
<br />p(mod ref time opined in the Contract Docum enn 110f
<br />Substantial Completion of the iS ota as defined in Sub,
<br />t?v4ge, Ali 8.1 3, incruding aulhotared adtustmenti therttto.
<br />8.1.2 The date of commencement of file Work it the date
<br />eclablohed in a notice to ptucr ed It there is no notice to
<br />piocted, it *hall be tilt, date of the Owner -Conti actor
<br />As.vetment or +uch other data as may tit oilablaihei
<br />thCteln
<br />8.1.3 The Date of Substantial Completton of the Work or
<br />designated portion theteoi is the Date certtfted by the
<br />A01110+4tl within con:trtichOn r4 cuitliclontiv completo in
<br />accorrlan;e wilh lite Contract Documents, w the Ownet
<br />can occups or utilize the Work or designated portion
<br />theivoi for the use for which it is intended.
<br />8.1.3 The term day as used in the Contract Documents
<br />0mll mean calendar day units otherwise specifically
<br />designated
<br />0.2 PROGRESS AND COMPLETION
<br />6.2.1 .all time limits stated in the Contract Documents are
<br />of the essence of the Contract,
<br />AIA DOCUMENT A201 • CENCRAL CONDITIONS Or 714E CONTRACT FOR CONSTRUCTION . THIRTEENIH MITIO . AUGUST 1976
<br />12 A201-1976 A10 • 1, Wit THE AMCRICAN INSTITUTE Of ARCHITECTS, 1t31 %M NORK AVENUE, NAV_ WASHINGTON, 0 C ;Or>i}b
<br />�I
<br />J
<br />1
<br />1
<br />1
<br />!7
<br />[_l
<br />1
<br />E
<br />
|