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such event, no decision by the Initial Decision Maker is required.
<br />§15.1.4ContinuingContractPerformance
<br />§15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section9.7 and Article
<br />14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments
<br />in accordance with the Contract Documents.
<br />§15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker’s decision,
<br />subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for
<br />Payment in accordance with the decision of the Initial Decision Maker.
<br />§15.1.5ClaimsforAdditionalCost
<br />If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided in Section 15.1.3
<br />shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not
<br />required for Claims relating to an emergency endangering life or property arising under Section10.4.
<br />§15.1.6 Claims for Additional Time
<br />§15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3
<br />shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the
<br />Work. In the case of a continuing delay, only one Claim is necessary.
<br />§15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data
<br />substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and
<br />had an adverseeffect on the scheduled construction.
<br />§15.1.7WaiverofClaimsforConsequentialDamages
<br />The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract,
<br />except to the extent such Claims are determined to be caused by the gross negligence of the party against whom the Claim is
<br />made by the Owner or Contractor, respectively. This mutual waiver includes
<br />.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and
<br />reputation, and for loss of management or employee productivity or of the services of such persons; and
<br />.2 damages incurred by the Contractor for principal office expenses including the compensation of personnel
<br />stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit
<br />arising directly from the Work.
<br />This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in
<br />accordance with Article 14. Nothing contained in this Section15.1.7 shall be deemed to preclude assessment of liquidated
<br />damages, when applicable, in accordance with the requirements of the Contract Documents.
<br />§15.2 Initial Decision
<br />§15.2.1 Claimsby the Contractor, excluding those where the condition giving rise to the Claim is first discovered after
<br />expiration of the period for correction of the Work set forth in Section12.2.2 or arising under Sections 10.3, 10.4, and 11.5,
<br />shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker,
<br />unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section15.2.1, an initial decision shall
<br />notbe required as a condition precedent to binding dispute resolution of any Claim. If an initial decision has not been rendered
<br />within 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 and all
<br />affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other
<br />than the Owner.
<br />§15.2.2 The Initial Decision Maker will review Claims by the Contractor and within ten days of the receipt of a Claim take
<br />one or more of the following actions: (1) request additional supporting data from the Contractor or a response with supporting
<br />data 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 sufficient
<br />information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s
<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
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<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
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