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or change which results in a net decrease in the Contract Sum will be the amount of the actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change. 12.1.5 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities orig- inally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will cause substantial in- equity to the Owner or the Contractor, the applicable unit prices shall be equitably adjusted. 12.2 CONCEALED CONDITIONS 12.2.1 Should concealed conditions encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents, or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordi- narily encountered and g( -rally recognized as inherent in work of the character p sided for in this Contract, be encountered, the Contract Sum shall be equitably ad- justed by Change Order upon claim by either party made within twenty days after the first observance of the conditions. 12.3 CLAIMS FOR ADDITIONAL COST 12.3.1 If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Architect written notice thereof within twenty day,; after the occur- rence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall pro- ceed in accordance with Paragraph 10.3. No such claim shall be valid unless so made. If the Owner and he Con- tractor cannot agree on the amount of the adjustment in the Contract Sum, it shall be determined by the Architect. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order, 12.3.2 If the Contractor claims that additional cost is in- volved because of, but not limited to, (1) any written interpretation pursuant to Subparagraph 2.2.8, (2) any order by the Owner to stop the Work pursuant to Para- graph 3.3 where the Contractor was not at fault, (3) any written order for a minor change in the Work issued pur- suant to Paragraph 12.4, or (4) failure of payment by the Owner pursuant to Paragraph 9.7. the Contractor shall make such claim as provided in Subparagraph 12.3.1. 12.4 MINOR CHANGES IN THE WORK 12.4.1 The Architect will have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent With the intent of the Contract Docu- ments. Such changes shall be effected by written order, and shall be binding on the Owner and the Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 13 UNCOVERING AND CORRECTION OF WORK 13.1 UNCOVERING OF WORK 13.1.1 If any portion of the Work should be covered con- trary to the request of the Architect or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for his observation and sh-ill be replaced at the Contractor's expense. 13.1.2 If any other portion of the Work has been covered which the Architect has not specifically requested to ob- serve prior to being covered, the Architect may request to see such Work and it shall be uncovered by the Con- tractor. If such Work be found in accordance with the Contract Documents, the cost of uncovering and replace- ment shall, by appropriate Change Order, be charged to the Owner. If such Work be found not in accordance with the Contract Documents, the Contractor shall pay such costs unless it be found that this condition was caused by the Owner or a separate contractor as provided in Article 6, in which event the Owner shall be responsible for the payment of such costs. 13.2 CORRECTION OF WORK 13.2.1 The Contractor shall promptly correct all Work rejected by the Architect as defective or as failing to con- form to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's additional services made necessary thereby. 13.2.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the Owner of desig- nated equipment or within such longer period of time as may be prescribed by law or by the terms of any appli- cable special warranty required by the Contract Docu- ments, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condi- tion. This obligation shall survive termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 13.2.3 The Contractor shall remove from the site all por- tions of the Work which are defective or non -conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and 13.2.2. unless removal is waived by the Owner. 13.2.4 If .ne Contractor fails to correct defecti, or non- conforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2. the Owner may correct it in accordance with Paragraph 3.4. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION - AUGUST 1976 18 A201-1976 AIAe' - (D 1976 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1 1 n 1 1 1 1 F], P E [I J 1