|
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 /> 30
<br />
<br /> § 11.3 PROPERTY INSURANCE
<br />§ 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully
<br />authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder’s
<br />risk “all-risk” or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract
<br />Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at
<br />the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained,
<br />unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who
<br />are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person
<br />or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered,
<br />whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-
<br />subcontractors in the Project.
<br />
<br />§ 11.3.1.1 Property insurance shall be on an “all-risk” or equivalent policy form and shall include, without
<br />limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including,
<br />without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm,
<br />falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by
<br />enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect’s and
<br />Contractor’s services and expenses required as a result of such insured loss.
<br />
<br />§ 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of
<br />the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to
<br />commencement of the Work. The Contractor may then effect insurance that will protect the interests of the
<br />Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof
<br />shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or
<br />maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all
<br />reasonable costs properly attributable thereto.
<br />
<br />§ 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such
<br />deductibles.
<br />
<br />§ 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work
<br />in transit.
<br />
<br />§ 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company
<br />or companies providing property insurance have consented to such partial occupancy or use by endorsement or
<br />otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or
<br />companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that
<br />would cause cancellation, lapse or reduction of insurance.
<br />
<br />§ 11.3.2 BOILER AND MACHINERY INSURANCE
<br />The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by
<br />law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner;
<br />this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work,
<br />and the Owner and Contractor shall be named insureds.
<br />
<br />§ 11.3.3 LOSS OF USE INSURANCE
<br />The Owner, at the Owner’s option, may purchase and maintain such insurance as will insure the Owner against loss
<br />of use of the Owner’s property due to fire or other hazards, however caused. The Owner waives all rights of action
<br />against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other
<br />hazards however caused.
<br />
<br />§ 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other
<br />special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such
<br />insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order.
<br />
<br />§ 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, at or
<br />adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final
|