|
§8.3 Delays and Extensions of Time
<br />§8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work (1) by an act or neglect of the
<br />Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor
<br />disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with
<br />Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) by disruptions in labor or materials resulting from a
<br />health crisis regardless of whether an infectious disease, epidemic, pandemic or outbreak isolated to areas from which such
<br />labor and materials are supplied;(5) by delay authorized by the Owner pending mediation andlitigation; or (6) by other
<br />causes that the Contractor asserts, and the Architect determines, justify delay, then the Contract Time and the Contract Sum
<br />shall be equitably adjusted by Change Order.
<br />§8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15.
<br />§8.3.3 This Section8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract
<br />Documents.
<br />ARTICLE9 PAYMENTSANDCOMPLETION
<br />§9.1 Contract Sum
<br />§9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the
<br />Owner to the Contractor for performance of the Work under the Contract Documents.
<br />§9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally
<br />contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity
<br />to the Owner or Contractor, the applicable unit prices shall be equitably adjusted.
<br />§9.2 Schedule of Values
<br />Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of
<br />values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of
<br />the Work.The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy,
<br />required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the
<br />Contractor’s Applications for Payment.Any changes to the schedule of values shall be submitted to the Architect and
<br />supported by such data to substantiate its accuracy as the Architect may require, and unless objected to by the Architect, shall
<br />be used as a basis for reviewing the Contractor’ssubsequent Applications for Payment.
<br />§9.3 Applications for Payment
<br />§9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an
<br />itemized Application for Payment prepared in accordance with the schedule of values, if required under Section9.2, for
<br />completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the
<br />Contractor’s right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of
<br />liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents.
<br />§9.3.1.1 As provided in Section7.3.9, such applications may include requests for payment on account of changes in the Work
<br />that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not
<br />yet included inChange Orders.
<br />§9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor
<br />does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor
<br />intends to pay.The Contractor’s payments to Subcontractors must comply with the applicable provisions of Minnesota
<br />Statutes,Section 471.425 (“Prompt Payment Act”).
<br />§9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment
<br />delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner,
<br />payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing.
<br />Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with
<br />procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the
<br />Owner’s interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials
<br />and equipment stored off the site.
<br />AIA Document A201 –2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights
<br />reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents”are trademarks of The
<br />32
<br />American Institute of Architects.This draft was produced at 10:50:07 CDT on 08/19/2025 under Subscription No.20250116558 which expires on , is not for
<br />®
<br />resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsTerms of Service. To report copyright
<br />violations, e-mail docinfo@aiacontracts.com.
<br />User Notes: (640e2aedf442e4498d0967fa)
<br />Qbhf!2:6!pg!74:
<br />
<br />
|