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ARTICLE 15 CLAIMS AND DISPUTES
<br />§ 15.1 CLAIMS
<br />§ 15.1.1 DEFINITION
<br />A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other
<br />relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in
<br />question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to
<br />substantiate Claims shall rest with the party making the Claim.
<br />§ 15.1.2 NOTICE OF CLAIMS
<br />Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial
<br />Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker.
<br />Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or
<br />within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later.
<br />§ 15.1.3 CONTINUING CONTRACT PERFORMANCE
<br />Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article
<br />14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make
<br />payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue
<br />Certificates for Payment in accordance with the decisions of the Initial Decision Maker.
<br />§ 15.1.4 CLAIMS FOR ADDITIONAL COST
<br />If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall
<br />be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency
<br />endangering life or property arising under Section 10.4.
<br />§ 15.1.5 CLAIMS FOR ADDITIONAL TIME
<br />§ 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided
<br />herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on
<br />progress of the Work. In the case of a continuing delay, only one Claim is necessary.
<br />§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be
<br />documented by data substantiating that weather conditions were abnormal for the period of time, could not have
<br />been reasonably anticipated and had an adverse effect on the scheduled construction.
<br />§ 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
<br />The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to
<br />this Contract. This mutual waiver includes
<br />.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
<br />business and reputation, and for loss of management or employee productivity or of the services of
<br />such persons; and
<br />.2 damages incurred by the Contractor for principal office expenses including the compensation of
<br />personnel stationed there, for losses of financing, business and reputation, and for loss of profit
<br />except anticipated profit arising directly from the Work.
<br />This mutual waiver is applicable, without limitation, to all consequential damages due to either parry's termination
<br />in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of
<br />liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.
<br />§ 15.2INITIAL DECISION
<br />§ 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial
<br />Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise
<br />indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be
<br />required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30
<br />days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been
<br />rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide
<br />disputes between the Contractor and persons or entities other than the Owner.
<br />AIA Document All O1 - 200'7, Copyright Gi 1°ll, 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 Documents" are trademarks of The American Institute of Architects. This draft was produced at 09:51:37 PT on 05/13/2024 under Order 6
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<br />Nc.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
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<br />User Notes: (1164916017!
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