|
AIA Document A201 – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007. All
<br />rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract
<br />Documents” are trademarks of The American Institute of Architects. This draft was produced at 09:51:37 PT on 05/13/2024 under Order
<br />No.4104243047 which expires on 06/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with
<br />the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1164916017)
<br /> 22
<br />
<br /> § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract
<br />Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and
<br />savings of those performing the Work attributable to the change, including, in case of an increase in the Contract
<br />Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the
<br />Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present,
<br />in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data.
<br />Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to
<br />the following:
<br />.1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits
<br />required by agreement or custom, and workers’ compensation insurance;
<br />.2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or
<br />consumed;
<br />.3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the
<br />Contractor or others;
<br />.4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to
<br />the Work; and
<br />.5 Additional costs of supervision and field office personnel directly attributable to the change.
<br />
<br />§ 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a
<br />net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and
<br />credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall
<br />be figured on the basis of net increase, if any, with respect to that change.
<br />
<br />§ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor
<br />may request payment for Work completed under the Construction Change Directive in Applications for Payment.
<br />The Architect will make an interim determination for purposes of monthly certification for payment for those costs
<br />and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be
<br />reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis
<br />as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.
<br />
<br />§ 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the
<br />adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such
<br />agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be
<br />issued for all or any part of a Construction Change Directive.
<br /> § 7.4 MINOR CHANGES IN THE WORK
<br />The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or
<br />extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be
<br />effected by written order signed by the Architect and shall be binding on the Owner and Contractor.
<br />
<br />ARTICLE 8 TIME
<br />§ 8.1 DEFINITIONS
<br />§ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in
<br />the Contract Documents for Substantial Completion of the Work.
<br />
<br />§ 8.1.2 The date of commencement of the Work is the date established in the Agreement.
<br />
<br />§ 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8.
<br />
<br />§ 8.1.4 The term “day” as used in the Contract Documents shall mean calendar day unless otherwise specifically
<br />defined.
<br />
<br />§ 8.2 PROGRESS AND COMPLETION
<br />§ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement
<br />the Contractor confirms that the Contract Time is a reasonable period for performing the Work.
<br />
|