HomeMy WebLinkAbout03-2560IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
MONARCH PAINTING SYSTEMS,
INC.,
Plaintiff
VS.
NO. O3 - as`v ?t 0 i.
EAST PENNSBORO AREA SCHOOL
DISTRICT,
Defendant
JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
TO: PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly issue Writ of Summons upon East Pennsboro Area School District,
890 Valley Street, Enola, Cumberland County, Pennsylvania 17025.
RILEY AND FANELLI, P.C.
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SUDH R R. PATEL ESQUIRE
The Necho Allen
No. 1 Mahantongo Street
Pottsville, PA 17901
Phone: (570) 622-2455
Fax: (570) 622-5336
Counsel for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
MONARCH PAINTING SYSTEMS,
INC.,
Plaintiff
Vs.
EAST PENNSBORO AREA SCHOOL
DISTRICT,
Defendant .
NO. C-3 -asL6 (2',o ?
JURY TRIAL DEMANDED
WRIT OF SUMMONS
TO: EAST PENNSBORO AREA SCHOOL DISTRICT
890 Valley Street
Enola, PA 17025
You are hereby notified that Monarch Painting Systems, Inc. has
commenced an action against you which you are required to defend or a default
judgment may be entered against you.
DATED:
PROTHONOTARY
DEPUTY PROTHON ARY
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-02560 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MONARCH PAINTING SYSTEMS INC
VS
EAST PENNSBORO AREA SCHOOL
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
EAST PENNSBORO AREA SCHOOL DISTRICT the
DEFENDANT , at 1145:00 HOURS, on the 4th day of June 2003
at 890 VALLEY STREET
ENOLA, PA 17025 by handing to
BETTY ERDMAN, SECRETARY, ADULT IN CHARGE
a true and attested copy of WRIT OF SUMMONS together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this ,Zug day of
l ki+. dV633 A.D.
/J Prbtho :tarry '
So Answers:
R. Thomas Kline
06/05/2003
RILEY & FANELLI
By: Deputy Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
MONARCH PAINTING SYSTEMS,
INC.,
Plaintiff
NO. 03-2560
VS.
EAST PENNSBORO AREA SCHOOL
DISTRICT,
Defendant
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISHI TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION
WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED
BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND
FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO
SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE
ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY
MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF
REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR OTHER RIGHTS
IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER
IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association Lawyers Referral Service
2 Liberty Avenue
Carlisle, PA 17013
Telephone: 1-800-990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
MONARCH PAINTING SYSTEMS, NO. 03-2560
INC.,
Plaintiff
VS.
EAST PENNSBORO AREA SCHOOL JURY TRIAL DEMANDED
DISTRICT,
Defendant
COMPLAINT
AND NOW, comes Plaintiff, Monarch Painting Systems, Inc. ("Monarch"),
by and through its undersigned counsel, and complains against Defendant,
East Pennsboro Area School District ("EPSD"), upon causes of action of which
the following is a statement:
The Parties
1 . Plaintiff, Monarch, is a corporation duly organized and existing
under the laws of the Commonwealth of Pennsylvania with its principal place of
business located at 506 Luzerne Avenue, West Pittston, Luzerne County,
Pennsylvania 18643.
2. At all times relevant to this claim, Monarch was engaged in the
business of, inter alia, providing painting and finishing contracting and
subcontracting services.
3. Defendant, EPSD, is upon information and belief, a public school
district organized and existing under the laws of the Commonwealth of
Pennsylvania with administrative office located at 890 Valley Street, Enola,
Cumberland County, Pennsylvania 17025.
4. At all times relevant, EPSD was the owner of the of the
"Renovations and Additions to East Pennsboro Area High School" construction
project ("the Project").
5. At all times relevant, EPSD retained and hired Gilbert Architects to
serve as its Architect/Engineer for the Project.
The Project and The Parties Contract
6. EPSD furnished plans and specifications for the Project to Monarch
and other interested bidders, which plans and specifications were believed to
be prepared by Gilbert Architects.
7. On October 20, 2000, Monarch and EPSD entered into a contract by
which Monarch was to perform painting and finishing work for the Project. A
copy of the Monarch - EPSD is attached as Exhibit "A."
8. Monarch's base contract price with EPSD was $242,585.00, which
was agreed between Monarch and EPSD to be adjusted during the course of
construction for added work and deleted work.
9. The anticipated start date for Monarch's work was May 25, 2001.
The actual start date was August 4, 2001, which delay was in no way Monarch's
fault or doing.
10. Monarch estimated 3,214 labor hours to complete its entire scope
of work for the Project.
-3-
Monarch's Delays
1 1. Throughout the Project, Monarch was delayed because other trades
did not work according to their respective schedules as follows:
a. Other trades stored materials in areas in which Monarch was
working or supposed to be working;
b. Other trades refused to complete patching and asbestos
abatement work; and
c. Other trades were still working in areas when Monarch was
directed to mobilize.
Monarch's Additional Labor Flours
12. As a result of Monarch's delays caused by other trades involved in
the Project, 1,198 additional labor hours were required by Monarch, above and
beyond any extra or change order work that was agreed to between Monarch
and EPSD.
13. EPSD failed to address and resolve the issues regarding the other
contractors' schedules who were working on the Project in addition to Monarch.
14. As a consequence of EPSD's failure to address the issues regarding
the schedules of the contractors, Monarch was substantially delayed and
hindered in their ability to complete their work in an orderly, timely manner.
15. Monarch sought payment from EPSD for the additional labor hours,
which they had to incur, in the amount of $47,808.21.
-4-
Monarch's Additional Equipment Rental
16. Monarch's actual start date for the Project was delayed over 2
months, which in turn required Monarch to take equipment earmarked for the
EPSD job and move it to other jobs. Monarch then had to rent other equipment
once it was able to begin its scope of work on this Project.
17. The total equipment rental cost to Monarch is $1,924.00.
18. To date, despite demand by Monarch, EF'SD failed and refuses to
make payment to Monarch in the amount of $1 ,924.1D0 for the additional
equipment rental costs Monarch was had to incur due to the delays with the
Project.
Monarch's Additional Coordination Meetings
19. Monarch participated in job conferences, safety meetings
and other meetings on this Project.
20. Due to the Project being significantly off schedule, numerous
additional meeting were held, at which attendance by Monarch was required.
There were an average of two extra or special meetings per week from June
through September, for a total of 34 meetings.
21. Each of these meetings consumed two hours of Monarch's
president, Theresa Zalepa's, time for a total of 64 hours. At $75.00 per hour,
this comes to an additional claim of $4,800.00.
22.. Also, mileage costs of 160 miles round trip for 34 meetings at .32
cents per mile result in an additional claim of $1,740.00.
-5-
23. To date, despite demand by Monarch, EPSD failed and refuses to
make payment to Monarch in the amount of $6,540.00 for the additional
meetings and mileage that were necessary due to the Project being off
schedule.
Monarch's Additional Cellular Phone Costs and Expenses
24. Due to the Project being significantly off schedule, the numerous,
additional meetings and coordination issues which arose throughout the
Project, Monarch incurred additional cellular phone costs in the amount of
$222.19.
25. To date, despite demand by Monarch, EF'SD failed and refuses to
make payment to Monarch in the amount of $222.19 for the additional cellular
phone costs Monarch has had to incur.
Monarch's Unabsorbed Home Office Overhead
26. As a direct result of EPSD's failure to address and resolve the
issues regarding the Contractors' schedules who were working on the Project in
addition to Monarch, caused Monarch to incur unabsorbed home office
overhead costs and charges.
27. Monarch's unabsorbed home office overhead are presently
unliquidated in nature, however, Monarch reasonably believes these claims will
exceed the jurisdictional limit for arbitration in the Court of Common Pleas of
Cumberland County.
-ti-
COUNTI
Monarch Painting Systems, Inc.
V.
East Pennsboro Area School District
BREACH OF CONTRACT
28. Paragraphs 1 through 27, above, are incorporated by reference as
if set forth fully herein.
29. EPSD's failure and refusal to make payment to Monarch for
extra labor, additional equipment rentals, meetings, phone and mileage costs
constitute a breach of contract by EPSD.
30. EPSD's breach of contract was without adequate legal justification.
31. As a result of EPSD's breach of contract, Monarch has suffered
damages, to wit:
a. $47,808.21 for additional labor charges;
b. $1,924.00 for additional equipment rental;
C. $6,540.00 for additional coordination meetings;
d. $222.19 for additional cellular costs and expenses; and
e. Damages presently unliquidated but which Monarch
reasonably believes will exceed the jurisdictional limit for
arbitration in the Court of Common Pleas of Cumberland
County for unabsorbed home office overhead.
33. Monarch has satisfied all conditions precedent to maintaining a
7-
claim for breach of contract against EPSD.
WHEREFORE, Plaintiff, Monarch Painting Systerns, Inc., respectfully
requests that this Honorable Court grant judgment In its favor and against
Defendant, East Pennsboro Area School District, in an amount exceeding
$56,494.40, together with interest and any other relief this Court deems just
and appropriate.
Respectfully submitted,
RILEY AN FANELLI, P.C.
SUDHIR R. PA EL, ESQUIRE
Attorney 1. D. NO. 75914
The Necho Allen
One Mahantongo Street
Pottsville, PA 17901
Phone:(570) 622-2455
Fax: (570) 622-5336
Counsel for Plaintiff
-8-
VERIFICATION
I, THERESA ZALEPA, certify that I am the President of Plaintiff, Monarch
Painting Systems, Inc. I further certify that I have read the foregoing
Complaint. To the extent the language in the foregoing Complaint is based on
information I have provided to counsel, I believe the same to be true and
correct tot the best of my knowledge, information and belief. To the extent
the language of the Complaint is counsel's, I have reified on counsel in making
this verification. I understand that false statements herein are made under
penalties of IS Pa.C.S.A, Section 4904, relating to unsworn falsification to
authorities.
DATE: /D- "3
THERESA ZALEPA, Erglk
,Fsiderlf
RENOVATIONS AND ADDITIONS TO THE EAST PENNSBOR.O AREA HIGH SCHOOL - #9901.
DOCUMENT 00500
AGREEMENT FORMS - OWNER-CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into this twentieth day of October 2000, by and between the East Pennsboro
Area School District, Enola, PA hereafter called the "Owner", and Monarch Painting Systems, Inc., a
Corporation organized and existing under the laws of the State of Pennsylvania, having its principal office
at 506 Luzerne Avenue, West Pittston, PA 18643, Luzeme County, hereinafter called the Contractor (and
hereinafter treated as if of the singular number and neuter gender) WITNESSETH, that the "Contractor" and
the "Owner", for the considerations named, agrees as follows:
WHEREAS, the Owner heretofore has advertised for proposals, as required by Pennsylvania laws, for the
Painting Construction work necessary for the renovations and additions to the East Pennsboro Area High
School, and has received proposals wherefore;
WHEREAS, the Owner has considered the proposals so received and has made an award to the Contractor
based upon the proposal so received from the Contractor, and
NOW, therefore, in consideration of the mutual promises, covenants and agreements herein, contained, the
Owner and Contractor promise, covenant and agree, as follows:
SCOPE OF WORK - The "Contractor" shall furnish all of the materials and perform all of the
Painting Construction Work shown on the drawings (dated August 9, 2000), and described in the
specifications entitled: Renovations and Additions to the East Pennsboro Area High School - #9901,
(Dated August 8, 2000) as prepared by Gilbert Architects, 626 N. Charlotte St., Lancaster,
Pennsylvania 17603 (acting as and in these Contract Documents entitled the "Architect") and shall
do everything required by this Agreement and Contract Documents.
TIME OF COMPLETION - The work to be performed under this contract shall be commenced
within ten (10) calendar days after notification by the "Owner" or the "Architect" or by the
"Construction Manager", and shall be COMPLETED UNDER MULTIPLE PHASES IN ACCORDANCE
WITH THE PREBID SCHEDULE, \vrrH THE LAST PHASE REACHING Substantial Completion by August
16, 2002 as stated in the Supplementary Instructions to Bidders. The "Contractor" shall be liable to
the "Owner" for any damages sustained by the latter through extra engineering, Architects' or other
costs of any nature incurred by reason of the "Contractor's" failure to complete its work by the above
referenced dates, or any extension thereof granted under Article 8.3 of the "General Conditions".
3. PAYMENTS - The "Owner" shall pay the "Contractor" for the performance of the Painting Contract,
subject to additions and deductions provided therein, in current funds, the sum of Two Hundred
Forty-Two Thousand Five Hundred Eighty Five Dollars ($242,585.00) which sum represents the
Contractor's adjusted base bid as a result of the acceptance of the following alternates by the Owner
as follows:
Base Bid $230,000
A-2 $0
A-7 $350
A-8 $0
A-11 $0
A-14 $12,235
H-2 $0
E-3 $0
E-8 - 0
Adjusted Base Bid $242,585
AGREEMENT FORMS - OWNER-CONTRACTOR AGREEMENT 00500 - 1
RENOVATIONS AND ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - #9901
Payments shall be made to the Contractor in accordance with Article 9 of the "General Conditions"
and Articles 4 and 5 of the "Supplementary General Conditions".
4. CONTRACT DOCUMENTS shall consist of the following, all of which are part of the contract
between the parties as though repeated herein or hereto attached:
A. Invitation to Bid
B. Instructions to Bidders
C. Supplementary Instructions to Bidders
D. Proposal (including the Bid Form)
E. Bid Bond
F. This Agreement
G. Performance Bond
H. Payment Bond
1. General Conditions
J. Supplementary Conditions
K. Specifications
L. Drawings
M. Phasing Plans
N. Addenda identified as follows:
No. 1 dated 8/25/00, No. 2 dated 8/28/00 including the drawings re-plotted on 8/24/00, No.
3 dated 9/01/00, No. 4 dated 9/06/00, No. 5 dated 9/08/00, and Bulletin No. 1 dated 9/8/00.
5. REPRESENTATIONS OF CONTRACTOR: -The Contractor represents and warrants:
A. That it is financially solvent and experienced in and competent to perform the work and to
furnish the plant, materials, supplies or equipment, to be so performed or furnished by it;
B. That it is familiar with all Federal, State, municipal acrd Departmental laws, ordinances and
regulations, which may in any way affect the work of those employed herein, including, but
not limited to, any special acts relating to the work or to the project of which it is a part;
C. That such temporary and permanent work required by the Contract Documents as is to be
done by it can be satisfactorily constructed and used for the purposes for which it is intended
and that such construction will not injure any person or damage any property; and;
D. That it has carefully examined the plans, specifications and site of the work, and that it has
satisfied itself as to the nature and location of the work the character, quality and quantity of
surface and sub-surface materials likely to be encountered, the character of equipment and
other facilities needed for the performance of the work, and the general and local conditions,
and all other materials which may in any way affect the work of its performance.
6. HEIRS, ETC. - This Agreement shall bind and inure to the benefit of the heirs, legal representatives
and successors and assigns of both parties hereto, except that this sentence shall not be interpreted to
grant any right of assignment of any nature whatsoever to Contractor.
7. The Owner and the Contractor each intend to be bound legally by this Agreement.
AGREEMENT FORMS - OWNER-CONTRACTOR AGREEMENT 00500 - 2
RENOVATIONS AND ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - 49961
(Partnership Contractor)
(Name of Partnership)
Witness:
BY: (SEAL)
Partner
By. (SEAL)
Partner
By. (SEAL)
Partner
By, (SEAL)
Partner
(Corporation Principal)
Monarch Painting Systems, Inc.
(Name of Corporation)
BY: /w l , . r
V resident
ATTEST:
(Assisteat) Secr
(Corporate Seal)
OR (If Appropriate)
(Name of Company)
*By:
Authorized Representative
AGREEMENT FORMS - OWNER-CONTRACTOR AGREEMENT 00500 - 4
RENOVATIONS AND ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - #9901
Witness:
*Attach appropriate proof, dated as ofthe same date as the Agreement„ as required by the Contract Documents
evidencing authority to execute in behalf of the Corporation.
END OF DOCUMENT
AGREEMENT FORMS - OWNER-CONTRACTOR AGREEMENT 00500 - 5
CERTIFICATE OF SERVICE:
I hereby certify that a true and correct copy of the foregoing
Complaint was served upon the following person(s) in the following manner:
BY FIRST-CLASS MAIL, RETURN RECEIPT REQUESTED,
POSTAGE PREPAID ADDRESSED AS FOLLOWS:
East Pennsboro Area School District
890 Valley Street
Enola, Pennsylvania 1702`.)
DATE: 0
D
nif r John t , Secretary to
SUDHIR R. PATEL, ESQUIRE
n_.
(q ].J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
MONARCH PAINTING SYSTEMS, NO. 03-2560
INC.,
Plaintiff
VS.
EAST PENNSBOR AREA SCHOOL JURY TRIAL DEMANDED
DISTRICT,
efendant
AFFIDAVIT OF SERVICE
I, Jennifer M.IJohnstone, being duly sworn according to law, depose and
say:
1. 1 am the secretary to Sudhir R. Patel, Esquire, Attorney for the
Plaintiff in the abOe-captioned action.
2. The Ctplaint in the above-referenced matter have been served on
the defendant via c?rtified mail 7099 3400 0012 4481 3807, return receipt
requested and sign d for by Wendy Forbes on October 16, 2003.
3. A copy f the certified card showing proof of service is attached
hereto and marked s Exhibit "A" and incorporated herein by reference.
I ER JO NE
SWORN TO AND SU SCRIBED
before me this day
of 2003.
NOTARY PUK ....
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MONARCH PAINTING
Vs.
EAST PENNSBORO
DISTRICT,
AND NOW,
District'), by and
TEMS, INC., IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
SCHOOL NO. 03-2560
int JURY TRIAL DEMANDED
the Defendant, East Pennsboro Area School District ("School
its counsel. Keefer Wood Allen & Rahal. LLP. and files these
preliminary objections to the complaint, based on the arguments set forth below.
1. PRELIMINARY ABJECTION UNDER PA. R.C.P. No. 1028(a)(4) - LEGAL
INSUFFICIENC
A. Based on Explicit Language In Contract Excluding District As Defendant In
Such Actioon
1. Plaintiff, Monarch Painting Systems, Inc. ("Monarch"), filed a complaint in the
above matter on or aboot October 14, 2003, and the complaint was received on or about
October 16, 2003, by tho School District.
2. The comollaint asserts one count in breach of contract relative to a contract dated
October 20, 2000, that onarch had with the School District to perform painting and finishing
work for renovations an additions ("Contract') as part of the East Pennsboro Area High
School Conttruction Pr .ect ("the Project').
3. A copy of 0 portion of the Contract was attached as Exhibit "A" to the complaint.
4. The Contract between Monarch and the School District provided that the
documents forming the Contract included, inter alia, General Conditions and Supplementary
Conditions. A true and Oorrect copy of the General Conditions and Supplementary Conditions
of the Contract is attachod hereto as Exhibit "A" and incorporated herein by reference.
5. Count 1 o1l the complaint setting forth breach of contract is based upon
averments that damaged were caused by delays of the other trades who did not work
according to their respective schedules and, as a result, caused delays in the Project and
delays in the scheduleslof the Project.
6. All allegatons in the complaint relate to the School District's failure to address
and resolve issues caused by other contractors' schedules who were working on the Project in
addition to Monarch.
7. Article 4, f aragraph 4.6 of the General Conditions deals with the administration
of the Contract and the Ooordination by the Construction Manager of the various Prime
Contractors, including tljeir schedules.
8. Article 4, f aragraph 4.6.4.1 of the Supplementary Conditions of the Contract
provided as follows:
The Cons uction Manager may request Prime Contractors to
supply at o cost to the Owner; [sic] additional forces, equipment,
tools and aterials or to increase working hours or increase the
number o working days per week in order to keep up with the
Progress chedule.
9. Article 4, f aragraph 4.6.4.2 of the Supplementary Conditions of the
Contract provided as
Disputes etween the Prime Contractors pertaining to the creation
of the Pro ress Schedule, the furnishing of additional resources to
meet the chedule, and job coordination shall be submitted
promptly Z he Construction Manager. The Construction
2
Manager decision shall be observed, accepted, and fully followed
by all Prirrie and their subcontractors on the Project
subject only to the commencement of litigation proceedings.
10. Article 4, paragraph 4.6.4.3 of the Supplementary Conditions of the Contract
provided as follows:
The progrss of the Work in accordance with the Construction
Manager' decision shall not be delayed pending litigation
The dams a remedy provided in favor of the Prime Contractor
pursuant t litigation shall be the exclusive remedy for disputes
between t e Contractors. The Prime Contractors shall have no
right of ac "on against the Owner, Construction Manager, or
Architect.
11. According , Monarch's right of action for disputes involving damages caused by
delays of the other trados is against the other prime contractors not the School District.
B. Based onlFailure to Aver Any Contractual Obligation of Owner
School Di trict for Damages or Delays Caused by Other Prime
12. Monarch's complaint fails to state any provision of the Contract establishing any
School District responsioility or duty not carried out by the School District.
13. Monarch foils to assert and, under the Contract, there is no duty or obligation on
the part of the Owner toladdress and resolve issues regarding delays caused by the other
Contractors' schedules Or the costs incurred by such delays.
14. Article 6.2lof the General Conditions of the Contract defines the mutual
responsibilities of the
15. Article 6,
Costs cai
defective
therefor.
rate Prime Contractors.
6.2.3 provides:
by delays or by improperly timed activities or
truction shall be borne by the party responsible
3
16. Accordingly, because the complaint fails to state any delays of the School District
or any contractual obligotion/promise that the School District has failed or refused to honor, no
breach has been
C. Based on Failure To Satisfy Conditions Precedent to Maintaining A Claim
of Breach Under the Contract
17. Article 6, F aragraph 6.2.5 of the General Conditions of the Contract specifically
addresses claims relatep to the delays of other contractors as follows:
Claims an other disputes and matters in question between the
Contracto and other Contractors shall be subject to the provisions
of Parag h 4.7 provided the other Contractors have reciprocal
18. Article 4, Paragraph 4.7.1 of the General Conditions of the Contract defines
"claim" as follows:
A Claim is a demand or assertion by one of the parties seeking, as
a matter o right, adjustment or interpretation of Contract terms,
payment f money, extension of time or other relief with respect to
the terms of the Contract. The term "Claim" also includes other
disputes a d matters in question between the Owner and
Contracto arising out of or relating to the Contract. Claims must be
made by ritten notice. The responsibility to substantiate Claims
shall rest ith the party making the Claim.
19. Article 4, F aragraph 4.7.2 of the General Conditions provides as follows:
Claims, including those alleging an error or omission by the
Constructs n Manager or Architect, shall be referred initially to the
Architect for action as provided in Paragraph 4.8. A decision by
the Architect, as provided in Subparagraph 4.8.4, shall be required
as a condi ion precedent to arbitration or litigation of a Claim
between the Contractor and Owner as to all such matters arising
prior to the date final payment is due, regardless of (1) whether
such matters relate to execution and progress of the Work or (2)
the extent to which the Work has been completed. The decision by
the Architect in response to a Claim shall not be a condition
precedent to arbitration or litigation in the event (1) the position of
the Archit ct is vacant, (2) the Architect has not received evidence
or has fail d to render a decision within agreed time limits, (3) the
4
Architect has failed to take action required under Subparagraph
4.8.4 withih 30 days after the Claim is made, (4) 45 days have
passed after the Claim has been referred to the Architect or (5) the
Claim relates to a mechanic's lien.
20. Article 4, Paragraph 4.7.3 in the General Conditions of the Contract provided as
follows:
Claims by either party must be made within 21 days after
occurrence of the event giving rise to such Claim or within 21 days
after the c aimant first recognizes the condition giving rise to the
Claim, whichever is later. Claims must be made by written notice.
An additio a/ Claim made after the initial Claim has been
implemen d by Change Order will not be considered unless
submitted in a timely manner.
21. Article 4, aragraph 4.7.7 in the General Conditions of the Contract provided as
follows:
If the Con ctor wishes to make Claim for an increase in the
Contract um, written notice as provided herein shall be given
before pro ceeding to execute the Work. Prior notice is not required
for Claims relating to an emergency endangering life or property
arising un der Paragraph 10.3. If the Contractor believes additional
cost is inv olved for reasons including but not limited to (1) a written
interpreta on from the Architect, (2) an order by the Owner to stop
the Work here the Contractor was not at fault, (3) a written order
for a mino r change in the Work issued by the Architect, (4) failure of
payment y the Owner, (5) termination of the Contract by the
Owner, (6 Owner's suspension or (7) other reasonable grounds,
Claim sha / be filed in accordance with the procedure established
herein.
22. No averment is made in the complaint stating that the contractor a) gave timely
written notice to the Architect of a Claim, b) received a decision by the Architect related to its
delay claims regarding the Contract Sum, or c) qualified for any exception to receiving such
decision.
23. Accordingly, because the condition precedent of Paragraph 4.7.2 has not
occurred and is not ave red, this litigation is barred by the explicit terms of the Contract.
5
WHEREFORE,
dismissed with prejudic
II. PRELIMINARY
TO LAW PURSI
24. Article 4,
provided:
An
the partie
controver
breach th
County, F
consentt
right to ju
25. Accordinc
a jury trial and any litig?
WHEREFORE,
Preliminary Objection e
agreement between the
III. PRELIMINARY
PURSUANT TO
26. Because
School District respectfully requests that Monarch's complaint be
ECTION BASED ON FAILURE OF A PLEADING TO CONFORM
T TO PA. R.C.P. No. 1028(a)(2)
4.9.1 of the Supplementary Conditions of the Contract
controversy or claim that can not be resolved between
of this Agreement will be resolved by litigation. Any
r or claim arising out of, or related to, the Contract, or the
reof, shall be settled by non jury trial in the Cumberland
nnsylvania, Court of Common Pleas. All parties hereby
such jurisdiction and venue and irrevocably waive any
trial which may exist.
under the explicit terms of the Contract, Monarch waived the right to
under the Contract was to be a bench trial.
School District requests that this Honorable Court grant its
deny the demand for a jury trial in accordance with the contractual
ECTION BASED ON INSUFFICIENT SPECIFICITY IN PLEADING
R.C.P. No. 1028(a)(3)
stated cause of the averred damages are delays by separate Prime
Contractors, any and alll liability under the Contract is to be borne by these separate Prime
Contractors.
27. Had the Claim been timely made and substantiated, the School District may have
been able to back charge those found to be responsible through appropriate change orders
submitted by the Architect to the other Prime Contractors.
6
28. The School District has been prejudiced in remedying the damages by the failure
off the filing of a timely c aim to enable change orders.
29. At this tim4, after final completion of the Project., the only possible remedy would
be for the District to join Ithe separate Prime Contractors who caused the delays as additional
defendants in this
30. The compl?aint, however, fails to allege with sufficient specificity those Prime
Contractors who are all gedly responsible for the alleged delays and consequent damages.
WHEREFORE, tie School District requests that this Honorable Court grant its
Preliminary Objection atilegedly require Monarch to specifically plead the names of the separate
Prime Contractors who caused the delays in the Project schedule mentioned
generally in the averments.
Respectfully submitted,
KEEFER WOOD ALLEN & RAHAL, LLP
Dated: NovemberX, 03 By:
DONNA S. WELDON
Attorney I.D. #26521
STEPHEN L. GROSE
Attorney I.D. #31006
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8049
7
CERTIFICATE OF SERVICE
I, Donna S.
District, hereby certify
by depositing a true
prepaid, addressed as
Esquire, attorney for defendant, East Pennsboro Area School
I have served the foregoing paper upon counsel of record this date
correct copy of the same in the United States mail, first-class postage
Sudhir R. Patel, Esquire
RILEY AND FANELLI, P.C.
The Necho Allen
One Mahantongo Street
Pottsville, PA 17901
KEEFER WOOD ALLEN & RAHAL, LLP
By
Donna S. Weldon
Dated: November
General C
Col
AIA
itions of the Contract for Construction
uction Manager-Adviser Edition
A201/CMa - Electronic Format
THIS DOCUMENT HAS IMPORTANT LEG
COMPLETION OR MODIFICATION. ALIT
DOCUMENT D401.
Copyright 1975, 1980, copyright 1992 by The
material herein or substantial quotation of its f
legal prosecution.
LACES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO [I'S
OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
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Table of Articles
1. GENERAL PROVISIONS
2. OWNER
3. CONTRACTOR
4. ADMINISTRATION OF 1
5. SUBCONTRACTORS
6. CONSTRUCTION BY 05
OTHER CONTRACTORS
7. CHANGES IN THE WOR
8.
9.
10.
CONTRACT
11.
R OR BY 12.
13.
14.
TIME
PAYMENTS AND COMPLETION
PROTECTION OF PERSONS AND
PROPERTY
INSURANCE AND BONDS
UNCOVERING AND CORRECTION OF
WORK
MISCELLANEOUS PROVISIONS
TERMINATION OR SUSPENSION
OF THE CONTRACT
AIA DOCUMENT A201/CMa - GENERAL ONDIT70NS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
- ALA ® - 01992 THE AMERICAN INS OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006.5292 V WARNING'
Unlicensed phomcopyingviolates U.S. copyri ht laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and
can be reproduced without violation until the of expiration as noted below. I
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r
INDEX
Acceptance of Nonconforming Wor 9.6.6, 9.9.3. 12.3 3.12.6, 3.12.8, 4.6.8, 4.6.10, 4.6.14, 4.6.16, 4.6.18, 6.3.1,
Acceptance of Work 9.6.6, 9.f .2, 9.9.3, 9.10.1, 9.10.3 9.7.1, 9.8, 9.9.1,9.9.2, 9.10.1, 9.10.2, 9.10.3, 12.2.4, 13.5.1,
Access to Work 3.16. 6.2.1, 12.1 13.5.2, 13.5.4, 14.2.4
Accident Prevention 4.6.6, 10 Architect's Relationship with Subcontractors 1.1.2, 4.6.6, 4.6.7,
Acts and Omissions 3.2.1, 3.2.2, 3 3.2, 3.12.8, 3.18, 4.6.6, 4.6.10, 5.3.1, 9.6.3,9.6.4, 11.3.7
4.6.2., 4.7.9, 8.3.1, 10.1.4, 1 .2.5, 13.4.2, 13.7, 14.1 Architect's Representations 9.4.3, 9.5.1, 9.10.1
Addenda 1.1.1, 3.11 Architect's Site Visits 4.6.5, 4.6.9, 4.6.16, 4.7.6, 9.4.3,
Additional Costs, Claims for 4.7.6, 4.7.7, 4.7.9, 6.1.1, 10.3 9.5.1, 9.8.2, 9.9.2, 9.10.1, 13.5
Additional Inspections and Testing 4. 5.10, 9.8.2, 12.2.1, 13.5 Asbestos 10.1.2, 10.1.3,.10.1.4
Additional Time, Claims for 4.7.6,
ADMINISTRATION OF THE CONTRA 4.7.8, 4.7.9, 8.3.2, 10.3
CT 3.3.3.4. 9.4, 9.5 Attomeys' Fees 3.18.1. 9.10.2, 10.1.4
Award of Separate Contracts 6.1.1
Advertisement or Invitation to Bid 1.1.1 Award of Subcontracts and Other Contracts for
Aesthetic Effect 4.6.20, 4.9.1 Portions of the Work 5.2
Allowances 3.8 Basic Definitions 1.1
All-risk Insurance 11.3.1.1 Bidding Requirements 1.1.1, 1.1.7, 5.2.1, 11.4.1
Applications for Payment 4.6.9, .3.7, 9.2, 9.3, 9.4, 9.5.1, Boiler and Machinery Insurance 11.3.2
9.6.3, 9.&3,9.10.1, 9.10 , 9.10.4, 11.1.3, 14.2.4 Bonds, Lien 9.10.2
'
Approvals 2.4, 3.33, 3.5, 3.10.3 , 3.12.4 through 3.12.8, .4
Bonds, Performance, and Payment 7.3.6.4, 9.10.3, 11.3.9, 11
3.18.3, 4.6.12, 9.3 , 11.3.1.4, 13.4.2, 13.5 Building Permit 2.2.3, 3.7.1
Arbitration 4.5, 4.7.4, 4.9, Capitalization 1.4
8.3.1 . 10.1.2, 11.3.9, 11.3. 10 Certificate of Substantial Completion 9.8
Architect 4.1 Certificates for Payment 4.6.8, 4.6.9, 9.3.3, 9.4, 9.5, 9.6.1,
Architect, and Certificate of Payment 4.6.9 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4
Architect, Definition of 4.1.1 Certificates of Inspection, Testing or Approval 3.12.11, 13.5.4
Architect, Extent of Authority 2 4.1, 3.12.6, 4.6.6, 4.7.2, Certificates of Insurance 9.3.2, 9.10.2, 11.1.3 `
5.2, 6.3, 7.1.2, 7.2.1, 7.4, 9.2, 9. .1, 9.4, 9.5, 9.6.3, 9.8.2, Change Orders 1.1.1, 2.4.1, 3.8.2.4, 3.11.1, 4.6.13, 4.7.3, ¦R
9.8.3,9.10.1,9.10.3,12.1,12.2.1,13 5.1,13.5.2,14.2.2,14.2.4 5.2.3,7.1,7.2,7.3.2,8.3.1,9.3.1.1,9.10.3,11.3.1.2,
Architect, Limitations of Authority and Responsibility 3.3.3, 11.3.4, 11.3.9, 12.1.2
3.12.8, 3.12.11, 4.6 .5, 4.6.6, 4.6.10, 4.6.12, Change Orders, Definition of 7.2.1
4.6.17, 4.6.19, 4.6.2 D, 4.7.2, 5.2.1, 7.4, 9.6.4 Changes 7.1
Architect's Additional Services and Ex penses 2.4.9.8.2 CHANGES IN THE WORK 3.11, 4.6.13, 4.6.14, q,
11.3.1.1, 12.2 .4, 8.3.1,9.3.1.1,10.1;3
Architect's Administration Claim, Definition of 4.7.1
of the Contract 4.6, .7.6, 4.7.7, 4.8, 9.4, 9.5 Claims and Disputes 4.7, 4.8, 4.9, 6.2.5, 8.3.2,
Architect's Approvals 2.4.1, 3.5.1, 3.10.3, 9.3.1.2, 9.3.3, 9.10.4, 10.1;4
3.12 .6, 3.12.8, 3.18.3, 4.6.12 Claims and Timely Assertion of Claims 4.%6
Architect's Authority to Reject Work 3 5.1, 4.6.10, 12.1.2, 12.2.1 Claims for Additional Cost 4.7.6, 4.7.7, 4.7.9, 6.1.1, 1013
Architect's Copyright 1.3 Claims for Additional Time 4.6.9, 4.7.6, 4.7.8, 4.7.9, 8.12
Architect's Decisions 4.6. 0, 4.6.12, 4.6.18, 4.6.19, Claims for Concealed or Unknown Conditions 4.7,6
4.6.20. 4.7.2, 4.7.6, 4. .1, 4.8.4, 4.9, 6.3, 8.1.3, Claims for Damages 3.18, 4.7.9, 6.1.1, 6.2.5,
8.3.1,9.2,9.4,9.5.1,9.8.2,3.9.1,10 1.2,13.5.2,14.2.2,14.2.4 8.3.2, 9.5.1.2, 10.1.4
Architect's Inspections .6.5, 4.6.16, 4.7.6, 9.4.3, Claims Subject to Arbitration 4.7.2, 4.8.4, 4.6.1
9.8.2, 9.9.2, 9.10.1, 13.5 Cleaning Up 3.15, 6'.3
Architect's Instructions4.6.10, 4.6.12, 7.4.1, 9.4.3, 12.1, 13.5.2 Commencement of Statutory Limitation Period 131.7
Architect's Interpretations 4.6.18, 4.6.19, 4.7.7 Commencement of the Work, Conditions Relating to2.12 ,2.2.1,
Architect's On-Site Observations
- 4.6.5, 4.6.9, 4.7.6,
9.4.3,9.5.1,9.10.1,13.5 3.2.1, 3.2.2, 3.7.1, 3.10.1 3.12.6, 4.7.7, 5.2;1,
6.2.2,8.1.2,8.2.2,9.2,11.1.3,11.3.6,11.4.1
Architect's Project Representative 4.6.17 Commencement of the Work, Definition of 8.1,.2
Architect's Relationship with Contra r1.1.2, 3.2.1, 3.2.2, 3.3.3, Communications, Owner to Architect 2.2.6
3.5.1, 3.7.3, 3.11. 3.12.8, 3.12.11, 3. 6, 3.18, 4.6.6, 4.6.7, 4.6.10, Communications, Owner to Construction Manager 2.2.6 i
Communications Facilitating Contract I
4.6.12, 4.6.19, 5.2, 6.2.2, 7.3.4, 91 .2, '10.1.2,10.1.4,10.1.5, Administration 3.9.1 4.6.7, 5.2.1
11.3.7, 12.1, 13.5 Completion, Conditions Relating to 3.11, 3.15. 4.6;5,
Architect's Relationship with Constru ion Manager1.1.2, 2.4.1,
ALA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION,
- AIA ® - 01992 THE AMERICAN LNS OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-5292 Y WARNING; 'i
Unlicensed photocopying violates U.S. copy 'ght laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and
can be reproduced without violation until the date of expiration w noted below.
Electronic Format A201/CMa-992 i
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' I
4.6.16, 4.7.2, 9.4.y, 9.8, 9.9.1 9.10, 11.3.5, 12.2.2, 13.7.1 Contractors and Owners Own Forces
COMPLETION, PAYMENTS AND 9 4.6.3
J Completion, Substantial 4.6.16, 4.7.5.2, 8.1.1, Construction Managers Relationship with
8.1.3, .2.3, 9.8, 9.91, 12.2.2, 13.7 Subcontractors
Compliance with Laws 1.3, 3.6, 3.7, 3.13, 4.1.1, 10.2.2, 4.6.10, 5.3.1, 9.6.3, 9.6.4
11.1. 11.3.13.1, 13.5.1, ' 3.5.2,13.6,14.1.1.14.2.1.3 Construction Managers Representations 9.4.3, 9.5.1
Concealed or Unknown Condition: i 4.7.6 Construction Managers Site Visits 9.4.4, 9.5.1
Conditions of the Contract 1.1.1, 1.1.7, 6.1.1 Construction Schedules, Contractors 3.10, 4.6.3, 4.6.4
Consent, Written 1.3.1, 3.12.8, 3.14.2, 4.7.4. Contingent Assignment of Subcontracts 5.4
4.9.5, 9.3.2 9.8.2, 9.9.1, 9.10.2, 9.10.3, Continuing Contract Performance 4.7.4
10.12, 10.1.3, 11.3.1, 1' .3.1.4,11.3.11,13.2,13.4.2 Contract, Definition of 1.1.2
CONSTRUCTION BY OWNER 0 BY OTHER CONTRACT, TERMINATION OR
CONTRACTORS
e Directive
D
ti
Ch 1.1.4, 6
efinition of 7
1
3 SUSPENSION OF THE 4.7.7, 5.4.1.1, 14
4
9.4, 9.5
Contract Administration 3.3.3
,
on
ang
Construc .
. ,
,
Construction Change Directives 1.1.1, 4.6.13, 7.1, 7.3, 9.3.1.1 Contract Award and Execution, Conditions Relating to3.7.1, 3. 10.
Construction Manager 4.2
Construction Manager, and Buildin g Permits 2.2.3 5.2,9.2, 11.1.3, 11.3.6, 11.4.1
Construction Manager, Claims ag inst 4.7.2 Contract Documents, The 1.1, 1.2, 7
Construction Manager, Communic ations through 4.6.7 Contract Documents, Copies Furnished and Use of 1.3, 2.2.5, 5.3
Construction Manager, and Const ction Schedule3.10.1, 3,111.2
Construction Manager, Definition of 4.2.1 Contract Documents, Definition of 1.1.1
4
7
4
4
9
3
D
i
A
bit
ti
P
f
Construction Manager, and Do cuments and Samples at the .
.
,
.
.
on
ormance
ur
ng
r
ra
Contract
er
Site 3.11. Contract Sum 3.8, 4.7.6, 4.7.7, 4.8.4,
Construction Manager, Extent of A uthority 3.12.6, 3.12.8, 4.3, 5.2.3, 7.2, 7.3, 9.1, 9.7, 11.3.1, 12.2.4, 12.3. 14.2.4
4.6.3, 4.6.11, 7.1.2, 7.2.1, 7.2 .1. 8.3.1, 9.2.1, 9.3.1, 9.4.1, Contract Sum, Definition of 9.1.1
9.4.3, 9.8.2, 9.8.3, 9.9.1, 12.1, 1 2.2.1, 12.2.4, 14.2.2, 14.2.4 Contract Time 4.7.6, 4.7.8.1, 4.8.4,
Construction Manager, Limitation of Authority 7.2.1.3, 7.3, 8.2.1, 8.3.1, 9.7, 12. 1.1
and Responsibility 4.6.6, 4.6.10, 13.4.2 Contract Time, Definition of 8.1.1
Construction Manager, and Sub ttals 3.10.3 CONTRACTOR 3
Construction Managers Addition Services Contractor, Definition of 3.1.1, 6.1.2
and Expenses 12.2.1, 12.2.4 Contractors Bid 1.1.1
'
Construction Managers Adminis ration of the Contract4.6, 9.4, s Construction Schedules 3.10
Contractor
9.5 Contractors Employees 3.3.2, 3.4.2,3.8.1,
Construction Managers Approval 2.4.1, 3.10.3 3.9, 3.18, 4.6.6, 4.6.10, 8.1.2, 10.2, 10.3. 11.1.1, 14.2.1.1
Construction Managers Authority to Reject Work4.6.10, 12.2.1 Contractor's Liability Insurance 11.1, 11.3.1.5
Construction Managers Decision 7.3.6, 7.3.7, 7.3.8, Contractors Relationship with Separate Contractors
9.3.1, 9.4.1, 9.5.1 and Owners Forces 3.12.5, 3.14.2, 4.6.3, 4.6.7, 12.2.5
Construction Manager's Inspect ons 4.6.10, 9.4.3, 9.6.2, 9.9.2, Contractors Relationship with Subcontractors 1.2.4, 3.3.2,
12.1.1 3.18.1,
Construction Managers On-Site O bservations 9.5.1 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, .14.2.1.2
Construction Managers Relation hip with Architect 1.1.2 Contractors Relationship with the Architect 1.1.2, 3.2.1, 3.2.2,
,4.6.8,4.6.10,4.6.11,
4
9
6
1
9
6
4
3
1
9
2
9
9
2 4.6.14,4.6.16,4.6.18,6.3.1,
3
9
9
1
9
10
1
3
9
8
2
9
8 3.3.3,3.5.1,3.7.3,3.10.1,110.3,3.11.1,3.12.6,3.12.8,
3.12.9.
.
.
.
,
.
.
,
,
.
,
.
.
.
9.10.2, 9.10.3, 11.1.3, 12.2A ,
.
.
,
.
.
,
,
.
.
,
.
.
, 13.5.1, 13.5.2, 13.5.4, 14.2.2, 6.2.2, 7.3.4, 9.2, 9.3.1, 9.8.2, 9.10.3,10.1.2, 10.1.5,
14.2.4 10.2.6.
Construction Managers Relation hip with Contractor3.2.1, 3.2.2 Contractors Relationship with the Construction Manager 1.1.2,
3.3.1,3.3.3,3.5.1,3.7.3,3.10.1, .10.2, 3.10.3, 3.11.1, 3.12.5, 3.2.1,3.2.2,3.3.1,3.3.3,3.5.1,3.7.3,3.7.4,3.10.1,3.10.2,
3.12.6, 3.12.8, 3.12.9, 3.12.10, 3. 12.11, 3.13.2, 3.14.2, 3.15.2, 3.10.3, 3.11.1, 3.12.5, 3.12.6, 3.12.8, 3.12.9, 3,12.11,
3.16.1, 3.17.1, 3.18.1, 3.18.3, 4.6.3, 4.6.4, 4.6.6, 4.6.11, 5.2, 3.13.2, 3.14.2, 3.15.2, 3.16.1, 3.17.1, 3.18.1, 3.18.3, 4.6.3,
6.2.1, 4.6.4, 4.6.6, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.2.1, 7.3.4, 7.3.6, 7.3.9,
6.2.2, 7.1.2, 7.2.1, 7.3.4, 7.3.6, .3.9, 8.3.1, 9.2.1,9.3.1, 9.4.1,
9.4.2,9.4.3,9.7.1,9.8.2,9.9.1, 9.10.1, 8.3.1,9.2.1,9.3.1,9.4.1,9.4.2,9.4.3,9.7.1,9.8.29.9.1,
10.1.2, 10.1.5, 102.6, 11.3.7, 12 1, 13.5.1, 13.5.2, 13.5.3, 13.5.4 9.10.1, 9.10.2, 9.10.3, 10.1.1,10.1.2, 10.1.5, 10.2.6,
11.3.7, 12.1, 13.5.1, 13.5.2,13.5.3. 13.5.4
Construction Managers Relation hip with Owner 2.2.3, 4.6.1, Contractors Representations 1.2.2, 3.5.1, 3.12.7, 6.2.2, 8.2.1,
4.6.2, 10.1.6 9.3.3
Construction Managers Relation hip with Other Contractors Responsibility for Those
AIA DOCUMENT A201/CMa - GENE LAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVIS;R EDITION
- AIA ® - 01992 THE AMERICAN 11 STITUTE OF ARCIBTECTS, 1711 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-5292 Y WARNING;
Unlicensed phowcopyingviolates U.S. pyright laws and is subject to legal prosecution. This document was electronically produmd with permission of the AIA end
can be reproduced without violation unt the due of expiration as noted below.
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,
Contractors Review of Contract Doct
Contractor's Right to Stop the Work
Contractor's Right to Terminate the C
Contractor's Submittals 3.10.3.11,
7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.1
Contractor's Superintendent
Contractors Supervision and Constn
Contractual Liability Insurance
Coordination and Correlation 1:
6.2.1
Copies Furnished of Drawings and
Correction of Work 2.3.2.4.
Cost, Definition of
Costs 2.4, 3.2.1, 3.7.4, 3.8.2, 3.15.2.,
6.1.1,6.2.3,6.3.1,7.3.3.3,7.3.6,
11.3.1.2,11.3.1.3, 11.
Cutting and Patching
Damage to Construction of Owner or
Contractors 3.14.;
10.2.!
Damage to the Work 3.14.2, 9.9.1, 11
Damages, Claims for 3.18, 4.6.4
10.1.4
Damages for Delay
Date of Commencement of the Work
Date of Substantial Completion, Defn
Day, Definition of
Decisions of the Architect
9.2,9.4,9.5.1,9.8.2,9.9.1,10.
Decisions of the Construction Manar
Decisions to Withhold Certiftcatlor
Defective or Nonconforming Work, A
Rejection and Correction of
4.6.10, 4.7.5, 9.5, 9.8.2,
Defective Work, Definition of
Definitions 1.1, 2.1.1, 3.1, 3.1
4.1.1, 4.2.1, 4.7.1, 5.1, 6.1.2, 7.2.1,
Delays and Extensions of Time
6.1.1,1
73.5, 7.3.8, 7.3.9,
Disputes 4.7, 4.8, 4.
Documents and Samples at the Site
Drawings, Definition of
Drawings and Specifications, Use a1
Ownership of
Duty to Review Contract Document
and Field Conditions
Effective Date of Insurance
Emergencies
Employees, Contractors
AIA DOCUMENT A201/CMn - GENER
- AfA V - 01992 THE AMERICAN IN
Unlicensed photocopyingviolates U.S.o
can be reproduced without violation until
User Document: A201
1
W &RO
8
2
10
2
1
Performing .
,
.
,
.
.
tht8.18.1, 3.18.2, 4.6.6,
0.3. 11.1.1,
3.3.2, 3.18, 4.6.6, 10 14.2.1.1
ants 1.2.2, 3.2, 3.7.3 Equipment, Labor, Materials and 1.1.3, 1.1.6, 3.4, 3.5.11
9.7 3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 313, 3.15.1, 4.6.12,
tract 14.1 6.2.1,
2, 4.6.12, 5.2.1, 5.2.3, 7.3.6, 9.3.2, 9.3.3, 11.3. 12.2.4, 14.1.2, 14.2.1, 14.2.2
910.3, 10.1.2, 11.4.2 Execution and Progress of the Work 1.2.3, 3.4.1,
3.9, 10.2.6 3.5.1, 4.6.5, 4.6.6, 4.7.4, 4.7.8, 6.2.2,
on Procedures1.2.4, 3.3, 7.13, 8.2, 8.3, 9.5, 9.9.1, 10.2.3
4.6.6, 8.2.2, 8.2.3, 10 Execution, Correlation and Intent of the
11.2.1, 11.3.1.5 Contract Documents 1.2, 3.7.1
1.2.4, 3.3.1, 3.10, 3.12.7, Extensions of Time 4.7.1, 4.7.8, 7.2.1.3, 8.3, 10.3.1
Failure of Payment by Contractor 9.5.1.3, 14.2.1.2
cifications 1.3, 2.2.5, 3.11 Failure of Payment by Owner 4.7.7, 9.7, 14.1.3
Faulty Work (See Defective or Nonconforming Work)
2.1, 4.6.1, 9.8.2, 9.9.1, Final Completion and Final Payment 4.6.1, 4.6.16,
12.1.2, 12.2, 13.7.1.3 14.7.2, 4.7.5, 9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7
7.3.6 Financial Arrangements, Owners 2.2.1
.7.6, 4.7.7, 4.7.8.1, 5.2.3, Fire and Extended Coverage Insurance 11.3.1.1, 11.3.5, 11.3.7
.3.7, 9.7, 9.8.2, 9.10.2, GENERAL PROVISIONS 1
.4, 11.3.9, 12.1. 12.2.1, Governing Law 13.1
12.2.4, 12.2.5, 13.5. 14 Guarantees (See Warranty and Warranties)
3,14,6.2.6 Hazardous Materials 10.1, 10.2.4
eparate Identification of Contract Documents 1.2.1
6.2.4, 9.5.1.5, 10.2.1.2, Identification of Subcontractors and Suppliers 5.2.1
10.3. 11.1, 11.3. 12.2.5 Indemnification 3.17, 3.18, 9.10.2, 10.1.4, 11.3.1.2, 11.3.7
2.1.2, 10.2.5, 10.3, 11.3 Information and Services Required of the Owner 2.1.2,
6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 2.2, 4.7.4, 6.2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.9.2,
6.1.1,8.3.3,9.5.1.6,9.7
)efinition of 8.1.2
Lion of 8.1.3
8.1.4
.6, 4.7, 6.3, 8.1.3, 8.3.1,
2, 13.5.2, 14.2.2, 14.2.4
r 4.3, 7.3.6, 7.3.7, 7.3.8,
9.3.1,9.4.1,9.4.3,9.5.1
9.5, 9.7, 14.1.1.3
2.3,2.4,3.5.1,4.6.1,
9.1. 10.2.5,12.13.7.1.3
3.5.1
1,3.12.1,3.12.2,3.12.3,
3.1, 7.3.6, 8.1, 9.1, 9.8.1
4.7.1, 4.7.8.1, 4.7.8.2,
2.3, 7.2.1, 7.3.1.3, 7.3.4,
1.1, 8.3, 10.3.1, 14.1.1.4
6.2.5, 6.3, 7.3.8, 9.3.1.2
3.11
1.1.5
.1.1,1.3,2.2.5,3.11,5.3
3.2
8.2.2, 11.1.2
4.7.7, 10.3
3.3.2., 3.4.2, 3.8.1, 3.9,
9.10.3.10.1.4.
Injury or Damage to Person or Property 4.759
Inspections 3.3.3, 3.3.4, 3.7.1, 4.6.5, 4.6.6, 4.6.16,
4.7.6. 9.4.3, 9.8.2, 9.9.2, 9.10.1, 12.1 A, 13.5
Instructions to Bidders 1.1.1
Instructions to the Contractor 3.8.1, 4.6.13, 5.2.1, 7, 12.1, 13.5.2
Insurance 4.7.9, 6.1.1, 7.3.6.4, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 11
Insurance, Boiler and Machinery 11.3.2
Insurance, Contractors Liability 11.11, 11.3.1.13
Insurance, Effective Date of 8.2.2, 11.1.2
Insurance, Loss of Use 11.3.3
Insurance, Owners Liability 112, 11.3.1.3
Insurance, Property 10.2.5, 11.3
Insurance, Stored Materials 9.3.2, 11.3.1.4
INSURANCE AND BONDS 11
Insurance Companies, Consent to Partial Occupancy
11.3.11
Insurance Companies, Settlement with 11.3.10
Intent of the Contract Documents
1.2.3, 3.12.4, 4.6.10, 4.6.12, 4.6.19, 4.6.20, 7.4
Interest 13.6
Interpretation 1.2.5, 1.4, 1.5, 4.1.1, 4.7.1, 5.1, 6.1.2, 8.1.4
Interpretations, Written 4.6.18, 4.6.19, 4.7.7
Joinder and Consolidation of Claims Required 4.9.5
Judgment on Final Award 4.9.1, 4.9.4.1, 4.9.7
Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5.1,
3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.6;,12,
6.2.1,7.3.6,9.3.2,9.3.3,12.2.4,14.1.2,14..2.1,14:2.2
Labor Disputes 83.1
CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. CONSTRUCTION MANAGER-ADVISER EDITION
I'U IE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-5292V WARNING;
right laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and
date of expiration as noted below.
Elearonic Format A201/CMa41992
k.CON - 211/2000. AIA License Number 103449, which expires on 5/6/2000 - Page 44
I
I
lJ
I
9.9.1, 1
I
I
I
I
F
I
Laws and Regulations 1.3, 3.6, 3. 7 , 3.13, 4.1.1, 4.9.5, 4.9.7, 9.4.4, 9.5.1, 9.10.1, 13.5
9.9.1, 10.21, 11.1, 1'1.3.13.1, 1 3.4.1, 13.5.1, 13.5.2, 13.6 On-Site Observations by the Construction Manag4r9.4.4, 9.5.1
Liens 2.1.2, 4.7.2, 4 7.5.1, 8.2.2, 9.3.3, 9.10.2 Orders, Written 2.3, 3.9, 4.7.7, 7, 8.2.2, 11.3.9, 12.1,
j Limitation on Consolidation or Joi nder 4.9.5 12.2. 13.5.2, 14.3.1
Limitations, Statutes of 4.9.4.2, 12.2.6, 13.7 OWNER 2
Limitations of Authority 3.3.1, 4.6.12, 4.6.17, Owner, Definition of 2.1
5.2.2, 5.2.4, 7.4, 11.3.10 Owner, Information and Services
Limitations of Liability 2.3, 3.2.1, 3 .1, 3.7.3, 3.12.8, 3.12.11 Required of the 2.1.2, 2.2, 4.6.2, 4.6.4, 6, 9,
3.17, 3.18, 4.6.10, 4.6.12, .6.19, 6.2.2, 9.4.4, 9.6.4, 10.1.4, 10.1.6, 11.2, 11.3, 13.5.1, 14.1.1.5, 14.1.3
9.10.4, 10.1.4, 10.2.5, 11.1.2, 11. 2.1, 11.3.7, 13.4.2, 13.5.2 Owners Authority 3.8.1, 5.2.1, 5.2.4, 5.4.1,
Limitations of Time, General 2.2.1 , 2.2.4, 3.2.1, 3.7.3, 3.8.2, 7.3.1, 8.2.2, 9.3.1, 9.3.2, 11.4.1, 12.2.4, 13.5.2, 14.2, 14.3.1
3.10. 3.12.5, 3.15.1, 4.6.1, 4.6.1 2, 4.6.18, 4.7.2, 4.7.3, 4.7.4, Owners Financial Capability 2.2.1, 14.1.1.5
Owner's Liability Insurance 11.2
4.7.6,.4.7.9, 4.6.4.2, 5.2.1, 5.2. , 6.2.4, 7.3.4, 7.4, 8.2, 9.2, Owners Loss of Use Insurance 11.3.3
9.5, 9.6.2, 9.8, 9.10, 11. .3, 11.3.1, 11.3.2, 11.3.5, Owners Relationship with Subcontractors 1.1.2, 5.2.1, 5.4.1,
11.3.6, 9.6.4
Limitations of Time, Specific2.1.2, 2 .1, 2.4, 3.10. 3.11. 3.15.1, Owners Right to Carty Out the Work 2.4, 12.2.4, 14.2.2.2
4.6.1, 4.6.18, 4.7, 4.8, 4.9, 53, .4, 7.3.5, 7.3.9, 8.2, 9.3.1, Owners Right to Clean Up 6.3
9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9. 0.2, 11.1.3, 11.3.6, 11.3.10, Owners Right to Perform Construction and to
Award Separate Contracts 6.1
11.3.11, 12.2.2, 12.2.4 12.2.6, 13.7, 14.1, 14.2.2 Owners Right to Stop the Work 2.3, 4:7.7
1 Loss of Use Insurance 11.3.3. Owners Right to Suspend the Work 14.3
Material Suppliers .3.1, 3.12.1, 4.6.7, 4.6.10, Owners Right to Terminate the Contract 14.2
5.2.1, 9.3.1, 9.3.1 2, 9.3.3, 9.4, 9.6.5, 9.10.4 Ownership and Use of Architect's Drawings,
1 Materials, Hazardous 10.1, 10.2.4 Specifications and Other Documents 1.1.1, 1.3,
Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5.1, 2.2.5„5.3
3.8.2, 3.12.2, 3.12.3, 112.7, 3. 2.11, 3.13, 3.15.1, 4.6.12, Partial Occupancy or Use 9.6.6, 9.9.11.3.11
6.2.1, 7.3.6, 9.3.2, 9.3.3, 12 .2.4, 14.1.2, 14.2.1, 14.2.2 Patching, Cutting and 3.14, 6.2.6
Means, Methods, Techniques, Seq ences and Patents, Royalties and 3.17
Procedures of Construction 3.3.1, 4.6.5, 4.6.12, 9.4.3 Payment, Applications for 4.6.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3,
Minor Changes in the Work 1 .1.1, 4.6.13, 4.7.7, 7.1, 7.4 9.10.1, 9.10.3, 9.10.4, 14.2.4
MISCELLANEOUS PROVISIONS 13 Payment, Certificates for 4.6.9, 4.6.16, 9.3.3, 9.4, 9.5,
Modifications, Definition of 1.1.1 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3,
Modifications to the Contract 1.1.1, 1.1.2, 3.7.3, 14.2.4
3.11. 4.1. , 4.6.1, 5.2.3, 7, 8.3.1, 9.7 Payment, Failure of4.7.7, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2
Mutual Responsibility 6.2
Nonconforming Work, Acceptanc e of 12.3 Payment, Final 4.6.1, 4.6.16, 4.7.2, 4.7.5, 9.10, 11.1.2
Nonconforming Work, Rejection an Correction of 2.3.1, 11.1.3, 11.3.5, 12.3.1
4.7.5. 2, 9.5.2, 9.8.2, 12, 13.7.1.3 Payment Bond, Performance
Notice 2.3, 2.4, 3.2.1, 3.2 2, 3.7.3, 3.7.4, 3.9, 3.12.8, Bond and 7.3.6.4, 9.10.3, 11.3.9, 11.4
3.12.9, 3.17,4-7, 4.8.4, 4.9, 5. .1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, Payments, Progress4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3
9.5.1, 9.7, 9.10, 10.1.2, 0.2.6, 11.1.3, 11.3, 12.2.2, PAYMENTS AND COMPLETION 9.14
12.2.4, `13.3,13.5.2.14, Payments to Subcontractors 5.4.2, 9.5.1.3, 9!.6.2,
Notice, Written 2.3, 2.4, 3.9, 3 2.8, 3.12.9,4.7, 4.8.4, 4.9, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2
1
4
1
10
1
3
16
10
2
5.2.1, 5.3, 5.4.1.1, 8.2.2, 9. .1, 9.5.1, 9.7, 9.10, 10.1.2, .
.
.
.
,
.
,
.
PCB
10.2.6, 11.1.3, 11.3, 12.
and Inspections
e of Testin
ti
N .2, 12.2.4, 13.3, 13.5.2, 14
1
13.5.2
13
5 Performance Bond and Payment Bond 7.3.6.4, 9.10.3, 11.3.9,
11.4
g
o
c
Notice to Proceed ,
.
.
8.2.2 Permits, Fees and Notices 2.2.3, 3.7, 3.13. 7.3.6.4, 10.2.2
Permits, Fees and 2.2
Notices 3, 3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10
,
Observations, Architect's On-Site- 4.6.5, 4.6.9, 4.6.10, 4.7.6, Polychlorinated Biphenyl 10.1.2, 10.1.3, 10.1.4
9.4.4 . 9.5.1, 9.10.1, 12.1.1, 13.5 Product Data, Definition of 3.12.2
Observations, Construction Manag es On-Site 9.4.4, 12.1.1 Product Data and Samples, Shop Drawings3.11, 3.12, 4.2.7
Observations, Contractors 1.2.2, 3.2.2 Progress and Completion 4.6.5, 4.7.4, 8.2
Occupancy 9.6.6, 9.8.1, 9.9, 11.3.11 Progress Payments 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3
On-Site Inspections by the Archite 4.6.5, 4.6.16, 4.7.6, Project, Definition of the 1.1.4
9.4.4, 9.8.2, 9.9.2, 9.10.1 Project Manual, Definition of the 1.1.7
On-Site Observations by the Archi ct 4.6.5, 4.6.9, 4.7.6, Project Manuals 22.5
AIA DOCUMENT A20I1CMa -GENE CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISERIEDITION
- AIA ® - 01992 THE AMERICAN INS TITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-52924 WARNING;
Unlicensed photocopyingviolnes U.S. co yright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and
can be reproduced without violation until he daze of expiration as noted below.
Electronic Format A201/CMa-1992
User Document: A201C A.CON - 2/1/2000. AIA License Number 103449, which expires on 5/6/2000 - Page #5
7 ?
Project Representatives
Properly Insurance
PROTECTION OF PERSONS AND PF
Regulations and Laws 1.3, 3.1
10.2.2,11.1, 11.3,13.1, 13.4,
Rejection of Work
Releases of Waivers and Liens
Representations 1.2.2, 3.5.1, 3.
Representatives
4.6.1, 4
Resolution of Claims and Disputes
Responsibility for Those Performing tl
Retainage 9.3.1, 9.6.2, 91
Review of Contract Documents and
Conditions by Contractor
Review of Contractor's Submittals by
Owner, Construction Manager anc
3.11, 3.12, 4.6.12. 4.6.1E
Review of Shop Drawings, Product Da
and Samples by Contractor
Rights and Remedies 1.1.2, 2.3, 2
4.7.6,4.9,5.3,6.1,6.3,7.3.1,
10.3,
Royalties and Patents
Rules and Notices for Arbitration
Safety of Persons and Property
Safety Precautions and Programs
Samples, Definition of
Samples, Shop Drawings, Product
Data and
Samples at the Site, Documents am
Schedule of Values
Schedules, Construction
Separate Contracts and Contractors
Shop Drawings, Definition of
Shop Drawings, Product Data
and Samples 3.11, 3.'
Site, Use of
Site Inspections 1.2.2, 3.3.4, 4.6.5,
13.5
Site Visits, Architect's
9.4, 9.5.1,
Special Inspections and Testing
Specifications, Definition of the
Specifications, The 1.1.1, 1.1
Statute of Limitations
Stopping the Work 2.3.4.7
Stored Materials 6.2.1, 9.3.2,
Subcontractor, Definition of
SUBCONTRACTORS
Subcontractors, Work byl.2.4, 3.3.2
5.4
Subeontractual Relations
9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.
Submittals 1.3, 3.2.3, 3.10.
4.6.17
10.2.5, 11.3
10
3.7,3.13,4.1.1,4.9.7
3.5.1, 13.5.2,13.6, 14
3.5.1, 4.6.10, 12.2.
9.10.2
2.7, 6.2.2, 8.2.1, 9.3.3,
3,9.5.1,9.8.2,9.10.1
2.1.1, 3.1.1, 3.9, 4.1.1,
17, 4.8, 4.9
Work3.3.2, 4.6.6, 6.2., 10
9.9.1, 9.10.2, 9.10.3
.2.2, 3.2, 3.7.3, 3.12.7
Architect3.10.1, 3.10.3,
5.2.1, 5.2.3, 9.2, 9.8.2
3.12.5
4, 3.5.1, 3.15.2, 4.6.10,
1.3.1,9.5.1,9.7, 10.2.5,
2.2.2, 12. 2.4, 13.4, 14
3.17
4.9.2
10.2
4.6.6, 4.6.12, 10.1
3.12.3
3.11, 3.12, 4.6.12
3.11
9.2, 9.3.1
3.10
1.1.4
3.12.1
4.6.11, 4.6.12, 4.6.15
3.13, 6.1.1, 6.2.1
.16, 4.7.6, 9.8.2, 9.10.1,
4.6.5, 4.6.9, 4.7.6,
.8.2, 9.9.2, 9.10.1, 13.5
4.6.10, 12.2.1, 13.5
CIA
i, 1.1.7, 1.2.4, 1.3, 3.11
4.9.4.2, 12.2.6, 13.7
9.7,10.1.2,10.3,14.1
).2.1.2, 11.3.1.4, 12.2.4
5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 11.1.3
Subrogation, Waivers of 61.1, 11.3.5, 11.3.7
Substantial Completion 4.6.16, 8.1.1, 8.1.3,
8.2.3,9.9.1,12.2.1,12.2.2,13.7
Substantial Completion, Definition of 9.8.1
Substitution of Subcontractors 5.2.3, 5.2.4
Substitution of Architect 4.4
Substitution of Construction Manager 4.4
Substitutions of Materials 3.5.1
Sub-subcontractor, Definition of 5.1.2
Subsurface Conditions 4.7.6
Successors and Assigns 13.2
Superintendent 3.9, 10.2.6
Supervision and Construction Procedures 1.2.4, 3.3,
14, 4.6.6, 4.7.4, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14
Surety 4.8.1, 4.8.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2.2
Surety, Consent of 9.10.2, 9.10.3
Surveys 2.2.2, 3.18.3
Suspension by the Owner for Convenience 14.3
Suspension of the Work 4.7.7, 5.4.2, 14.1.1.4, 14.3
Suspension or Termination of the Contract 4.7.7, 5.4.1.1, 14
Taxes 3.6, 7.3.6.4
Termination by the Contractor 14.1
Termination by the Owner for Cause 5.4.1.1, 14.2
Termination of the Architect 4.4
Termination of the Construction Manager 4.4
Termination of the Contractor 14.2.2
TERMINATION OR SUSPENSION OF THE CONTRACT 14
Tests and Inspections3.3.3, 4.6.10, 4.6.16, 9.4.3, 12.2.1, 13.5
TIME 8
Time, Delays and Extensions of 4.7.8, 7.2.1, 8.3
Time Limits, Specific 2.1.2, 2.2.1, 2.4, 3.10
4.6.18,
7.3.9,8.2,9.2,9.3.1,9.3.3,9.41,9.6.1,9.7,9.8.2,9.10.2,
11.1.3, 11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 133
14
Time Limits on Claims 4.7.2, 4.7.3, 4.7.6, 4.7.9, 4.8, 49
Title to Work 9.3.2, 9.33
UNCOVERING AND CORRECTION OF WORK 12
Uncovering of Work 12.1
Unforeseen Conditions 4.7.6, 8.3.1, 10;1
Unit Prices 7.1.4, 7.3.312
Use of Documents 1.1.1, 1.3, 2.2.5, 3.12.7, 5.3
Use of Site 3.13, 6.1.1, 6.21
Values, Schedule of 9.2, 9.311
Waiver of Claims: Final Payment 4.7.5, 4.9.1, 9.10 .3
Waiver of Claims by the Architect 13.4,2
Waiver of Claims by the Contractor 9.10.4, 11.3.7, 13.4„2
Waiver of Claims by the Owner 4.7.5, 4.9.1, 9.9.3,
9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2
5.1.1 Waiver of Liens 9.10.2
5 Waivers of Subrogation 6.1.1, 11.3.5, 11.3.7
3.12.1, 4.6.6, 4.6.10, 5.3, Warranty and Warranties 3.5, 4.6.16, 4.7.5
9.3.3, 9.8.2, 9.9.1, 12.2.2, 13.7.1.3
5.3, 5.4, 9.3.1.2, 9.6.2, Weather Delays 4.7.0.2
14.1.1, 14.2.1.2,14:1.3 When Arbitration May Be Demanded 4.9.4
.11, 3.12. 4.6.12, 5.2.1, Work, Definition of 1.1.3
AIA DOCUMENT A201/CMa - GENERAL ONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
- AIA 0 - 01992 THE AMERICAN M OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHING-TON, D.C., 20006.5292 V WARNING;
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wn be reproduced without violation until the ate of expiration as noted below.
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' Written Consent 1. 1.1, 3.12.8, 3.14.2, 4.7.4,
4.9.5,9.3.2,9.8.2,9.9.1,9.1 .2,9.10.3,10.1.2,10.1.3
11.3.1,
Written Interpretations 4.6.18, 4.6.19, 4.7.7
Written Notice 2.3, 2.4, 3.9, 3.12.8, 112.9, 4.7.1, 4.7.6, 4.7.9,
4.8.4,4.9.4.1,5.2.1,5.3,5.4. .1,8.2.2,9.4,9.5.1,9.7,
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ALA DOCUMENT A201ICMa - GENE%
- AIA 0 - 01992 THE AMERICAN IN!
Unlicensed photocopying violates U.S. co
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9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4,
13.3. 13.5.2, 14
Written Orders 2.3, 3.9, 4.7.7,
8.2.2,11.3.9,12.1,12.2,13.5.2,14.3.1
CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -CONSTRUCTION MANAGER-ADVISER EDITION
rUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-5292? WARNING;
ight laws and is subject to legal prosecution. This document was electronically produced with permission of theAIA and
date of expiration as noted below.
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GENERAL
ARTICLE 1
GENERAL PROM
1.1 BASIC DEFINITIONS
1.1.1 THE CONTRACT DOCUMI
The Contract Documents consist of it
owner and Contractor (hereinaft
Conditions of the Contract (Genera
other Conditions), Drawings, Specific
prior to execution of the Contract, otl
the Agreement and Modifications iss
the Contract. A Modification is (1) a
the Contract signed by both parties, (2
Construction Change Directive or (4
minor change in the Work issued b,
specifically enumerated in the Ag
Documents do not include other doc
requirements (advertisement or invita
to Bidders, sample forms, the Contra
addenda relating to bidding requireme
1.1.2 THE CONTRACT
The Contract Documents form the C
The Contract represents the entire
between the parties hereto and supe
representations or agreements, eitl
Contract may be amended or
Modification. The Contract Docums
to create a contractual relationship
the Architect and Contractor, (2)
Manager and Contractor, (3) be
Construction Manager, (4) betv
Subcontractor or Sub-subcontract
persons or entities other than the C
Construction Manager and Arcb
entitled to performance and enforc
the Contract intended to facilitate F
1.1.3 THE WORK
The term "Work" means the s
required by the Contract Docume
partially completed, and includes
equipment and services provided
Contractor to fulfill the Contracts
may constitute the whole or a part
ALA DOCUMENT A201ICMa - GE:NER
. AIA 0 . 01992 THE AMERICAN IN
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OF THE CONTRACT FOR CONSTRUCTION
1.1.4 THE PROJECT
INS The Project is the total construction of which the Work
performed under the Contract Documents may be the whole
or a part and which may include construction by other
NTS Contractors and by the Owner's own forces including persons
or entities under separate contracts not administered by the
Agreement between
r the Agreement), Construction Manager.
Supplementary and 5 THE DRAWINGS
1
1
tions, addenda issued .
.
T documents listed in The Drawings are the graphic and pictorial portions of the
ed after execution of Contract Documents, wherever located and whenever issued,
xritten amendment to showing the design, location and dimensions of the Work,
a Change Order, (3) a generally including plans, elevations, sections, details,
a written order for a schedules and diagrams.
the Architect. Unless
:ement, the Contract 1.1.6 THE SPECIFICATIONS
rents such as bidding
The Specifications are that portion of the Contract
on to bid, Instructions
or's bid or portions of Documents consisting of the written requirements for
tandards 'and
materials, equipment, construction systems, s
d
l
ts) ate
workmanship for the Work, and performance of re
services.
ract for Construction. 1.1.7 THE PROJECT MANUAL
integrated agreement
The Project Manual is the volume usually assembled for the
negotiations,
les es prior
Work which may include the bidding requirements, sample
. The
written or oral
Conditions of the Contract and Specifications.
forms
odifred only by a ,
shall not be construed 1.2 EXECUTION, CORRELATION AND INTENT
any kind (1) between
veen the Construction 1.2.1 The Contract Documents shall be signed by the
:n the Architect and Owner and Contractor as provided in the Agreement. If either
the Owner and a the Owner or Contractor or both do not sign all the Contract
or (5) between any Documents, the Architect shall identify such unsigned
er and Contractor. The Documents upon request.
t shall, however, be
or of obligations under 1.2.2 Execution of the Contract by the Contractor is a
lrmance of their duties. representation that the Contractor has visited the site, become
familiar with local conditions under which the Work is to be
performed and correlated personal observations with
requirements of the Contract Documents.
muction and services 2.3 The intent of the Contract Documents is to include
1
whether completed or ,
all items necessary for the proper execution and completion
other labor, materials, of the Work by the Contractor. The Contract Documents are
be provided by the complementary, and what is required by one shall be as
obligations. The Work
o binding as if required by all; performance by the Contractor
he Project. shall be required only to the extent consistent with the
;ONDMONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER E MON
52924 WA MG;
20006
.
UTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C.,
duced with permission of the IAIA and
ll
i
y pro
ca
ght laws and is subject to legal prosecution. This document was electron
late of expiration as noted below.
Electronic Format A201/CMa-1992
- 2/112000. AIA License Number 103449, which expires on 51612000 - Page #B .
' Contract Documents and reasona
being necessaryto produce the int
1.2.4 Organization of the Sp
sections and articles, and arranges
control the Contractor in die
Subcontractors or in establishing
performed by any trade.
1.2.5 Unless otherwise stated i
words which have well-known
industry meanings are used in 6
accordance with such recognized r
1.3 OWNERSHIP AND US
DRAWINGS, SPECIFY
OTHER DOCUMENTS
1.3.1 The Drawings, Specifica
prepared by the Architect are ins
service through which the Wor
Contractor is described. The C
contract record set. Neither
Subcontractor, Sub-subcontractor
supplier shall own or claim a c
Specifications and other docu
Architect, and unless otherwise it
be deemed the author of them a
_ law, statutory and other reserve[
copyright. All copies of them, exr
set, shall be returned or suital
Architect, on request, upon com
Drawings, Specifications and oth
the Architect, and copies thereof I
are for use solely with respect to t
be used by the Contractor
Sub-subcontractor or material or e
projects or for additions to this P
the Work without the specific wr
and Architect. The Cor
Sub-subcontractors and material :
granted a limited license to use
portions of the Drawings, Specific
prepared by the Architect approp
execution of their Work under th
copies made under this license
copyright notice, if any, sh
Specifications and other docu
Architect. Submittal or distributior
requirements or for other purpos
Project is not to be construed as r
i the Architect's copyright or other r
ALA DOCUMENT A201/CMa - GENERA
- AIA 0 - 01992 THE AMERICAN INS'
Unlicensed phorocopyingviolates U.S. cos
can be reproduced without violation until n
User Document A201CMA.CC
inferable from them as
:d results.
:ations into divisions,
of Drawings shall not
the Work among
extent of Work to be
the Contract Documents,
.clinical or construction
Contract Documents in
OF ARCHITECT'S
kTIONS AND
ons and other documents
vments of the Architect's
to be executed by the
ntractor may retain one
le Contractor nor any
)r material or equipment
pyright in the Drawings,
cents prepared by the
licated the Architect shall
d will retain all common
rights, in addition to the
:pt the Contractor's record
y accounted for to the
letion of the Work. The
r documents prepared by
mished to the Contractor,
is Project. They are not to
or any Subcontractor,
uipment supplier on other
3ject outside the scope of
ten consent of the Owner
'actor, Subcontractors,
. equipment suppliers are
and reproduce applicable
tions and other documents
iate to and for use in the
Contract Documents. All
shall bear the statutory
wit on the Drawings,
tents prepared by the
to meet official regulatory
s in connection with this
iblication in derogation of
served rights.
1.4 CAPITALIZATION
1.4.1 Terms capitalized in these General Conditions
include those which are (1) specifically defined, (2) the titles
of numbered articles and identified references to Paragraphs,
Subparagraphs and Clauses in the document or (3) the titles
of other documents published by the American Institute of
Architects.
1.5 INTERPRETATION
1.5.1 In the interest of brevity the Contract Documents
frequently omit modifying words such as "all! and "any" and
articles such as "the" and "an," but the fact that a modifier or
an article is absent from one statement and appears in another
is not intended to affect the interpretation of either statement.
ARTICLE 2
OWNER
2.1 DEFINITION
2.1.1 The Owner is the person or entity identified as such
in the Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Owner"
means the Owner or the Owner's authorized representative.
2.1.2 The Owner upon reasonable written request shall
furnish to the Contractor in writing information which is
necessary and relevant for the Contractor to evaluate, give
notice of or enforce mechanic's lien rights. Such information
shall include a correct statement of the record legal title to the
property on which the Project is located, usually referred to as
the site, and the Owner's interest therein at the time of
execution of the Agreement and, within five days after any
change, information of such change in title, recorded or
unrecorded.
2.2 INFORMATION AND SERVICES
REQUIRED OF THE OWNER
2.2.1 The Owner shall, at the request of the Contractor,
prior to execution of the Agreement and promptly from time
to time thereafter, furnish to the Contractor reasonable
evidence that financial arrangements have been made to
fulfill the Owner's obligations under the Contract. ,[Note:
Unless such reasonable evidence were furnished on request
prior to the execution of the Agreement, the prospective
contractor would not be required to execute the Agreement or
to commence the Work]
2.2.2 The Owner shall furnish surveys describing physical
characteristics, legal limitations and utility locations for the
CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
TUTE OF ARCMTECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-5292 V WARNING;
ight laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and
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V
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site of the Project, and a legal descrip on of the site. may after such seven-day period give the Contractor a second
written notice to correct such deficiencies within a second
2.2.3 Except for permits and fees which are the seven-day period. If the Contractor within such second
responsibility of the Contractor under the Contract seven-day period after receipt of such second notice fails to
Documents, the Owner shall secure and pay for necessary commence and continue to correct any deficiencies, the
approvals, easements, assessments and charges required for Owner may, without prejudice to other remedies the Owner
construction, use or occupancy of per anent structures or for may have, correct such deficiencies. In such case an
permanent changes in existing facilities. Unless otherwise appropriate Change Order shall be issued deducting from
provided under the Contract Docume its, the Owner, through payments then or thereafter due the Contractor the cost of
the Construction Manager, shall secure and pay for the correcting such deficiencies, including compensation for the
building permit. Construction Manager's and Architect's and their respective
consultants' additional services and expenses inade necessary
2.2.4 Information or services un er the Owners control by such default, neglect or failure. Such action by the Owner
shall be furnished by the Owner will reasonable promptness and amounts charged to the Contractor are both subject to
to avoid delay in orderly progress of t e Work. prior approval of the Architect, after consultation with the
Construction Manager. If payments then or thereafter due the
2.2.5 Unless otherwise provid d in the Contract Contractor are not sufficient to cover such amounts, the
Documents, the Contractor will be mished, free of charge, Contractor shall pay the difference to the Owner.
such copies of Drawings and P Jett Manuals as are
reasonably necessary for execution o the Work.
ARTICLE 3
2.2.6 The Owner shall forward al communications to the CONTRACTOR
Contractor through the Construction Manager and shall
contemporaneously provide the same communications to the 3.1 DEFINITION
Architect. 3.1.1 The Contractor is the person or entity identified as
2.2.7 The foregoing are in addit on to other duties and such in the Agreement and is referred to throughout this
responsibilities of the Owner a umerated herein and Agreement as if singular in number. The term "Contractor"
especially those in respect to Arti le 6 (Construction by means the Contractor or the Contractor's authorized
Owner or by Other Contractors), Article 9 (Payments and representative.
Completion) and Article 11 (Insurance and Bonds). 3.1.2 The plural term "Contractors" refers to persons or
2.3 OWNER'S RIGHT TO STOP THE WORK entities who perform construction under Conditions of the
Contract that are administered by the Construction Manager,
2.3.1 If the Contractor fails to correct Work which is not and that are identical or substantially similar to these
in accordance with the requirements of the Contract Conditions.
Documents as required by Paragraph 12.2 or persistently fails
to carry out Work in accordance with the Contract 3.2 REVIEW OF CONTRACT DOCUMENTS AND
Documents, the Owner, by written o der signed personally or FIELD CONDITIONS BY CONTRACTOR
by an agent specifically so empowered by the Owner in 3.2.1 The Contractor shall carefully study and corhpare
writing, may order the Contractor t stop the Work, or any
t
portion thereof, until the cause f such order has been the Contract Documents with each other and with information
eliminated; however, the right of the Owner to stop the Work furnished by the Owner pursuant to Subparagraph 2.2.'1 and
shall not give rise to a duty on t part of the Owner to shall at once report to the Construction Manager, and
exercise this right for the benefit the Contractor or any Architect errors, inconsistencies or omissions discovered. The
other person or entity. Contractor shall not be liable to the Owner, Construction
Manager or Architect for damage resulting from errors,
2.4 OWNER'S RIGHT TO C RRY OUT THE inconsistencies or omissions in the Contract Documents
WORK unless the Contractor recognized such error, inconsistency or
omission and knowingly failed to report it to the Construction
2.4.1 If the Contractor defaults o neglects to carry out the Manager and Architect. If the Contractor performs any
Work in accordance with the Con ct Documents and fails construction activity knowing it involves a recognized rror,
within a seven-day period after rece t of written notice from inconsistency or omission in the Contract Documents without
the Owner to commence and con ue correction of such such notice to the Construction Manager and Architect, the
default or neglect with diligence an promptness, the Owner Contractor shall assume appropriate responsibility for' such
AIA DOCUMENT A201/CMa - GENERAL ONDITIONS OF THE CONTRACT FOR CONSTRUCTION. CONSTRUCTION MANAGER-ADVISER EDITION
- AIA V - 01992 THE AMERICAN INSTI UrE OF ARCHITECTS, 1733 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006.5292Y WARNING;
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i
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performance and' shall bear an appropriate amount of the
attributable costs for correction.
3.2.2 The Contractor shall take fi Id measurements and
verify field conditions and shall care Ily compare such field
measurements and conditions and oth information known to
the Contractor with the Contra Documents before
commencing activities. Errors, incon istencies or omissions
discovered shall be reported to the Co struction Manager and
Architect at once.
1 i
3.2.3 The Contractor shall perm the Work in
accordance with the Contract Doc ents and submittals
approved pursuant to Paragraph 3.12.
3.3 SUPERVISION AND CONSTRUCTION
j PROCEDURES
1 3.3.1 The Contractor shall supervise and direct the Work,
using the Contractor's best skill and attention. The Contractor
shall be solely responsible for and have control over
construction means, methods, techniques, sequences and
procedures and for coordinating all portions of the Work
under this Contract, subject to ove ll coordination of the
Construction Manager as provided in Subparagraphs 4.6.3
and 4.6.4.
' 3.3.2 The Contractor shall be responsible to the Owner for
acts and omissions of the Contractor's employees,
Subcontractors and their agents an employees, and other
{ persons performing portions of the Work under a contract
with the Contractor.
3.3.3 The Contractor shall not be r lieved of obligations to
perform the Work in accordance with the Contract
Documents either by activities or du ies of the Construction
Manager or Architect in their admini tration of the Contract,
or by tests, inspections or approvals required or performed by
persons other than the Contractor.
3.3.4 The Contractor shall inspec portions of the Project
related to the Contractor's Work in rder to determine that
such portions are in proper conditio to receive subsequent
Work.
3.4 LABOR AND
i
l
3.4.1 Unless otherwise provi
Documents, the Contractor shall pi
materials, equipment, tools, cons
machinery, water, heat, utilities,
facilities and services necessary f
completion of the Work, whether
and whether or not incorporated or
Work.
I in the Contract
ide and pay for labor,
ction equipment and
isportation, and other
3.4.2 The Contractor shall enforce strict discipline and
good order among the Contractor's employees and other
persons carrying out the Contract. The Contractor shall not
permit employment of unfit persons or persons not skilled in
tasks assigned to them.
3.5 WARRANTY
3.5.1 The Contractor warrants to the Owner, Construction
Manager and Architect that materials and equipment
famished under the Contract will be of good quality and new
unless otherwise required or permitted by 'the Contract
Documents, that the Work will be free from defects not
inherent in the quality required or permitted, and that the .
Work will conform with the requirements of the Contract
Documents. Work not conforming to these requirements,
including substitutions not properly approved and authorlud,
may be considered defective. The Contractor's warranty
excludes remedy for damage or defect caused by abuse,
modifications not executed by the Contractor, improper or
insufficient maintenance, improper operation, or normal wear
and tear under normal usage. If required by the Construction
Manager or Architect, the Contractor shall furnish
satisfactory evidence as to the kind and quality of materials
and equipment.
3.6 TAXES
3.6.1 The Contractor shall pay sales, consumer, use and
similar taxes for the Work or portions thereof provided by the
Contractor which are legally enacted when bids are received
or negotiations concluded, whether or not yet effective or
merely scheduled to go into effect.
3.7 PERMITS, FEES AND NOTICES
3.7.1 Unless otherwise provided in the Contract
Documents, the Owner shall secure and pay for the building
permit and the Contractor shall secure and pay for all other
permits and governmental fees, licenses and inspections
necessary for proper execution and completion of the Work
which are customarily secured after execution of the Contract
and which are legally required when bids are received or
negotiations concluded.
3.7.2 The Contractor shall comply with and give notices
required by laws, ordinances, rules and regulations and lawful
orders of public authorities bearing on performance of the
Work.
proper execution and 3.7.3 It is not the Contractors responsibility to ascertain
nporary or permanent that the Contract Documents are in accordance with
be incorporated in the applicable laws, statutes, ordinances, building codes and
rules and regulations. However, if the Contractor observes
AIA DOCUMENT A2011CMa - GENERAL ONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
- ALA ® - 01992 THE AMERICAN IN OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-5292 Y WARNING;
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1
that portions of the Contract Docum ents are at variance communications given to the superintendent shall be as
therewith, the Contractor shall romptly notify the binding as if' given to the Contractor' Important
Construction Manager, Architect and O wner in writing, and communications shall be confirmed in writing. Other
necessary changes shall be accompl ished by appropriate communications shall be similarly confirmed on written
Modification. request in each case.
3.7.4 If the Contractor performs ork knowing it to be 3.10 CONTRACTOR'S CONSTRUCTION
contrary to laws, statutes, ordinance building codes, and SCHEDULE
rules and regulations without such noti ce to the Construction
3.10.1 The Contractor, promptly after being awarded the
Manager, Architect and Owner, the C ntractor shall assume Contract, shall prepare and submit for the Owner's and
full responsibility for such Work and shall bear the Architect's information and the Construction Manager's
attributable costs. approval a Contractor's Construction Schedule for the Work.
8 ALLOWANCES
3 Such schedule shall not exceed time limits current under the
. Contract Documents, shall be revised at appropriate intervals
3.8.1 The Contractor shall include ' the Contract Sum all as required by the conditions of the Work and Project, shall
allowances stated in the Contract Docu ments. Items covered be related to the entire Project construction schedule to the
by allowances shall be supplied for suc h amounts and by such extent required by the Contract Documents, and shall provide
persons or entities as the Owner may direct, but the for expeditious and practicable execution of the Work.
Contractor shall not be required to em loy persons or entities
against which the Contractor makes rea sonable objection.
3.10.2 The Contractor shall cooperate with the Construction
Manager in scheduling and performing the Contractor's Work
3.8.2 Unless otherwise provide in the Contract to avoid conflict, delay in or interference with the Work of
Documents: other Contractors or the construction or operations of the
Owner's own forces.
.1 materials and equipmen t under an allowance
shall be selected promp tly by the Owner to 110.3 The Contractor shall prepare and keep current, for
avoid delay in the Work; the Construction Manager's and Architect's approval', a
schedule of submittals which is coordinated with the
2 allowances shall cover th cost to the Contractor Contractors Construction Schedule and allows the
of materials and equipm nt delivered at the site Construction Manager and Architect reasonable time to
and all required taxes, less applicable trade review submittals.
discounts;
3.10.4 The Contractor shall conform to the most recent
.3 Contractor's costs for unl oading and handling at schedules.
the site, labor, installation costs, overhead, profit
and other expenses co ntemplated for stated 3.11 DOCUMENTS AND SAMPLES AT THE SITE }
allowance amounts sha ll be included in the
Contract Sum and not in he allowances; 3.11.1 The Contractor shall maintain at the site for the
Owner one record copy of the Drawings, Specifications,
A whenever costs are m ore than or less than addenda, Change Orders and other Modifications, in good
allowances, the Contract Sum shall be a justed order and marked currently to record changes and selections
accordingly by Change Order. The amount of made during construction, and in addition approved Shop
the Change Order shall r eflect (1) the difference Drawings, Product Data, Samples and similar required
between actual costs an the allowances under submittals. These shall be available to the Construction
Clause 1821 and (2 anges in Contractor's Manager and Architect and shall be delivered to the
costs under Clause 3.8 Construction Manager for submittal to the Owner upon
completion of the Work.
3.9 SUPERINTENDENT ;
3.12 SHOP DRAWINGS, PRODUCT DATA AND
3.9.1 The Contractor shall ploy a competent SAMPLES
superintendent and necessary ass is who shall be in
i
attendance at the Project site du perfor mance of the
g 3.12.1 Shop Drawings are drawings, diagrams, schedules
Work. The superintendent shall repre ent the Contractor, and and other data specially prepared for the Work by the
AIA DOCUMENT A2011CMa -GENERAL ONDITIONS OF THE CONTRACT FOR CONSTRUCTION -CONSTRUCTION MANAGER-ADVISER EDITION
- AIA ® - 01992 THE AMERICAN INSTI OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHING-TON, D.C., 20006.5292 V WARNING;
Unlicensed photocopying violates U.S. copyri ht laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and
can be reproduced without violation until the ate of expiration as noted below.
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Contractor or. a $ubcontracto , Sub-subcontractor,
manufacturer, supplier or distributor t illustrate some portion
of the Work.
3.12.2 Product Data are illustratio s, standard schedules,
performance charts, instructions, b chures, diagrams and
other information famished by the ontractor to illustrate
materials or equipment for some porti n of the Work.
3.12.3 Samples are physical t
materials, equipment or workmans
by which the Work will be judged.
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3.12.4 Shop Drawings, Product DI
submittals are not Contract Documer
submittal is to demonstrate for those
which submittals are required th
proposes to conform to the informat
concept expressed in the Contract Dt
Architect is subject to the limitations
3.12.5 The Contractor shall reviev
the Construction Manager, in acco
and sequence approved by the Con
Drawings, Product Data, Samples
required by the Contract Documer
cooperate with the Construction Ma
of the Contractor's Shop Drawings
and similar submittals with related
other Contractors. Submittals made
are not required by the Contract Do
without action.
3.12.6 The Contractor shall perfa
requiring submittal and review of
Data, Samples or similar submit
submittal has been approved by t
and Architect. Such Work shall
approved submittals.
3.12.7 By approving and subt
Product Data, Samples and similar
represents that the Contractor has
materials, field measurements and
related thereto, or will do so,
coordinated the information contair
with the requirements of the W,
Documents.
3.12.8 The Contractor shall not
for deviations from requirements
by the Construction Manager's
Shop Drawings, Product Data, Si
iples which illustrate
and establish standards
Samples and similar
The purpose of their
tions of the Work for
way the Contractor
given and the design
ments. Review by the
Subparagraph 4.6.12.
approve and submit to
.ante with the schedule
ruction Manager, Shop
and similar submittals
The Contractor shall
iger in the coordination
Product Data, Samples
ocuments submitted by
y the Contractor which
iments may be returned
no portion of the Work
iop Drawings, Product
until the respective
Construction Manager
e in accordance with
ing Shop Drawings,
initials, the Contractor
termined and verified
d construction criteria
id has checked and
within such submittals
and of the Contract
elieved of responsibility
he Contract Documents
Architect's approval of
es or similar submittals
unless the Contractor has specifically informed the
Construction Manager and Architect in writing of such
deviation at the time of submittal and the Construction
Manager and Architect have given written approval to the
specific deviation. The Contractor shall not be relieved of
responsibility for errors or omissions in Shop Drawings,
Product Data, Samples or similar submittals by the
Construction Manager's and Architect's approval thereof.
3.12.9 The Contractor shall direct specific attention, in
writing or on resubmitted Shop Drawings,. Product Data,
Samples or similar submittals, to revisions other than those
requested by the Construction Manager and Architect on
previous submittals.
3.12.10 Informational submittals upon which the
Construction Manager and Architect are not expected to take
responsive action may be so identified in the Contract
Documents.
3.12.11 When professional certification of performance
criteria of materials, systems or equipment is required by the
Contract Documents, the Construction Manager and Architect
shall be entitled to rely upon the accuracy and completeness
of such calculations and certifications.
3.13 USE OF SITE
3.13.1 The Contractor shall confine operations at the site to
areas permitted by law, ordinances, permits and the Contract
Documents and shall not unreasonably encumber the site with
materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's
operations with, and secure the approval of, the Construction
Manager before using any portion of the site.
3.14 CUTTING AND PATCHING
3.14.1 The Contractor shall be responsible for cutting,
fitting or patching required to complete the Work or to make
its parts fit together properly.
3.14.2 The Contractor shall not damage or endanger a
portion of the Work or fully or partially completed
construction of the Owner's own forces or of other
Contractors by cutting, patching, excavating or otherwise
altering such construction. The Contractor shall not cut or
otherwise alter such construction by other Contractors or by
the Owner's own forces except with written consent of the
Construction Manager, Owner and such other Contractors;
such consent shall not be unreasonably withheld.' The
Contractor shall not unreasonably withhold from the other
Contractors or the Owner the Contractors consent to cutting
AIA DOCUMENT A201/CMa - GENERAL ONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION,
- AIA ID - 01992 THE AMERICAN INS OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-52921' WARNrNG;I
Unlicensed photompyingviolates U.S. cop 'ght laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and
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II
or otherwise altering the Work. damage, loss or expense is caused in part by a party
indemnified hereunder. Such obligation shall not be
13.15 CLEANING UP construed to negate, abridge or reduce other rights or
obligations of indemnity which would otherwise exist as to a
1 The Contractor shall keeF the premises and patty or person described in this Paragraph 3.18.
surrou
surrounding area free from accumula lat on of waste materials
or rubbish caused by operations und er the Contract. At 3.18.2 In claims against any person or entity indemnified
completion of the Work the Contract or shall remove from under this Paragraph 3.18 by an employee of the Contractor,
and about the Project waste m terials, rubbish, the a Subcontractor, anyone directly or indirectly employed by
Contractor's tools, construction equi ment, machinery and them or anyone for whose acts they may be liable, the
surplus materials. indemnification obligation under this Paragraph 3.18 shall not
be limited by a limitation on amount or type of damages,
clew
3.15.2 If the Contractor fails provided the compensation or benefits payable by or for the Contractor or
tr
Contract Documents, the u e may d
o
Manager a Subcontractor under workers' compensation acts, disability
with the Owners approval l and and th the shall b be e
cost thereof benefit acts or other employee benefit acts.
charged to the Contractor.
3.18.3 The obligations of the Contractor under this
3.16 ACCESS TO WORK Paragraph 3.18 shall not extend to the liability of the
1 The Contractor shall
16
3 rovide the Owner, Construction Manager, Architect, their consultants, and
'
.
.
Construction Manager and Architect access to the Work in the
agents and employees of any of them arising out of (1)
preparation and progress wherever loc tied. preparation or approval of maps, drawings, opinions, reports,
surveys, Change Orders, designs or specifications, or (t)ithe
17 ROYALTIES AND PATEN
3 S giving of or the failure to give directions or instructions by
. the Construction Manager, Architect, their consultants, and
3.17.1 The Contractor shall pay a I royalties and license agents and employees of any of them provided such giving or
fees. The Contractor shall defen suits or claims for failure to give is the primary cause of the injury or damage.
infringement of patent rights and hall hold the Owner,
Construction Manager and Architect harmless from loss on
account thereof, but shall not be respo nsible for such defense ARTICLE 4
or loss when a particular design, ocess or product of a ADMINISTRATION OF THE CONTRACT
particular manufacturer or manufactu rers is required by the
Contract Documents. However, if th Contractor has reason 4.1 ARCHITECT
to believe that the required design, p rocess or product is an lawfully licensed to
person
Architect
he
411
is the he
infringement of a patent, the Contrac tor shall be responsible lawfully practicing
entity
or
architecture
practice
for such loss unless such information is promptly furnished to architecture identified as such in the Agreement and is
the Architect. referred to throughout the Contract Documents as if singular
in number. The term "Architect" means the Architect of the
3.18 INDEMNIFICATION Architect's authorized representative.
3.18.1 To the fullest extent p m itted by law, the
Contractor shall indemnify and ho d harmless the Owner, 4.2 CONSTRUCTION MANAGER
Construction Manager, Architect, Construction Manager's q 2 1 The Construction Manager is the person or entity
and Architect's consultants, and age Is and employees of any identified as such in the Agreement and is referred to
them from and against claim! , damages, losses and
' throughout the Contract Documents as if singular in number.
ex
expenses, including but not limited fees, arising
attorneys The term "Construction Manager" means the Construction
out of or resulting from t of the Work, provided Manager or the Construction Manager's authorized
that such claim, damage, , loss loss or or a pense is attributable to representative.
bodily injury, sickness, disease 9r eath, or to injury to or
destruction of tangible property (ot er than the Work itself) 4.3 Duties, responsibilities and limitations of authority
including loss of use resulting the efrom, but only to the of the Construction Manager and Architect as set forth in the
extent caused in whole or in pa I by negligent acts or Contract Documents shall not be restricted, modified or '
omissions of the Contractor, a Subc tractor, anyone directly extended without written consent of the Owner, Construction ¦
or indirectly employed by them or a yone for whose acts they Manager, Architect and Contractor. Consent shall not be
may be liable, regardless of whe her or not such claim, unreasonably withheld.
AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
2000652924 WARNING'
D
C
- AIA ® - 01992 THE AMERICAN INS .
.
.,
UTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHING-TON,
ermission of the AIA andl
ced with
d
ll
i
l
Unlicensed photocopying violates U.S. cop p
y pro
u
ectron
ca
ight laws and is subject to legal prosecution. This document was e
can be reproduced without violation until th date of expiration as noted below.
Electronic Format A20 1 /CMa- 1992
User Document: A201 CMA.CON 2/1/2000. AIA License Number 103449, which expires on 516/2000 -Page #14
? I
in accordance with the Contract Documents. However, the
4.4 In case of termination o employment of the Architect will not be required to make exhaustive or
' Construction Manager or Architect, th Owner shall appoint a continuous on-site inspections to check quality or quantity of
construction manager or architect against whom the the Work. On the basis of on-site observations as an architect,
Contractor makes no reasonable obje tion and whose status the Architect will keep the Owner informed of progress of the
under the Contract Documents shall be that of the former Work, and will endeavor to guard the Owner against defects
1 construction manager or architect, res ctively. and deficiencies in the Work.
4.5 Disputes arising under Para aphs 4.3 and 4.4 shall 4.6.6 The Construction Manager, except to the extent
be subject to arbitration. required by Subparagraph 4.6.4, and Architect will not have
control over or charge of and will not be responsible for
4.6 ADMINISTRATION OF Ti CONTRACT construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in
4.6.1 The Construction Manage and Architect will connection with the Work, since these are solely the
provide administration of the Contrit ct as described in the Contractor's responsibility as provided in Paragraph 3.3, and '
Contract Documents, and will be the wnees representatives neither will be responsible for the Contractor's failure to carry
(1) during construction, (2) until final payment is due and (3) out the Work in accordance with the Contract Documents.
with the Owner's concurrence, from ime to time during the Neither the Construction Manager nor the Architect will have
correction period described in aragraph 12.2. The control over or charge of or be responsible for ai or
Construction Manager and Architect will advise and consult omissions of the Contractor, Subcontractors, or their agents
with the Owner and will have authori to act on behalf of the or employees, or of any other persons performing portions of
Owner only to the extent prov ded in the Contract the Work.
Documents, unless otherwise modifie
in accordance with other provisions o d by written instrument
the Contract
4.6.7 Communications Facilitating Contract
Administration. Except as otherwise provided in the
4.6.2 The Construction Manager w ill determine in general Contract Documents or when direct communications have
' that the Work is being performed n accordance with the been specially authorized, the Owner and Contractor shall
requirements of the Contract Doc ments, will keep the communicate through the Construction Manager, and shall
Owner informed of the progress f the Work, and will contemporaneously provide the same communications to the
endeavor to guard the Owner against defects and deficiencies Architect. Communications by and with the Architect's
in the Work consultants shall be through the Architect. Communications
by and with Subcontractors and material suppliers shall be
4.6.3 The Construction Mar er will provide for through the Contractor. Communications by and with other
coordination of the activities of othe Contractors and of the Contractors shall be through the Construction Manager and
Ownet's own forces with the Work of the Contractor, who shall be contemporaneously provided to the Architect.
shall cooperate with them. The Con tractor shall participate
with other Contractors and the Co nstruction Manager and 4.6.6 The Construction Manager will review and certify
Owner in reviewing their constr iction schedules when all Applications for Payment by the Contractor, including
directed to do so. The Contractor sh 11 make any revisions to final payment. The Construction Manager will assemble each
the construction schedule deemed
review and mutual agreement. Th necessary after a joint
construction schedules of the Contractor's Applications for Payment with similar
to a Project
i
t
h
C
ors
n
ontrac
Applications from ot
er
shall constitute the schedules to be used by the Contractor, Application and Project Certificate for Payment. After
other Contractors, the Construction anager and the Owner reviewing and certifying the amounts due the Contractors, the
until subsequently revised. Construction Manager will submit the Project Application
and Project Certificate for Payment, along with the applicable
4.6.4 The Construction Mana er will schedule and Contractors' Applications and Certificates for Payment, to the
coordinate the activities of the Contr
t
t
ti
d P actors in accordance with
hedul Architect.
rojec
cons
ruc
the latest approve on sc
e.
J
I
Ai DOCUMENT A201/CMa - GENERAI
- ALA ® .01992 THE AMERICAN MST
Unlicensed photocopying violates U.S. cop)
can be reproduced without violation until th
User Document: A201CMA.CON
4.6.5 The Architect will visit the site at intervals
appropriate to the stage of construc ion to become generally
familiar with the progress and quali of the completed Work
and to determine in general if the rk is being performed in
a manner indicating that the Work, when completed, will be
4.6.9 Based on the Architect's observations and
evaluations of Contractors' Applications for Payment, and the
certifications of the Construction Manager, the Architect will
review and certify the amounts due the Contractors and will
issue a Project Certificate for Payment.
)NDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
RE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-5292 Y WARNING;
ht laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and
to of expiration as noted below.
Electronic Format A201/CMa-1992
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4.6.10 The Architect will have au ority to reject Work of the Contractors submittals shall not relieve the Contractor
which does not conform to the Contr act Documents, and to of the obligations under Paragraphs 3.3, 3.5 and 3.12. The
require additional inspection or testin g, in accordance with Architect's review shall not constitute approval of safety
Subparagraphs 13.5.2 and 13.5.3, whe ther or not such Work precautions or, unless otherwise specifically stated by the
is fabricated, installed or completed, bi ll will take such action Architect, of any construction means, methods, techniques,
only after notifying the Construction Manager. Subject to sequences or procedures. The Architect's approval of a
review by the Architect, the Construct ion Manager will have specific item shall not indicate approval of an assembly of
the authority to reject Work which do es not conform to the which the item is a component.
Contract Documents. Whenever the Construction Manager
considers it necessary or advisable for implementation of the 4.6.13 The Construction Manager will prepare Change
intent of the Contract Documents, the Construction Manager Orders and Construction Change Directives.
will have authority to require addition al inspection or testing
of the Work in accordance with Su paragraphs 13.5.2 and 4.6.14 Following consultation with the Construction
13.5.3, whether or not such Work is fabricated, installed or Manager, the Architect will take appropriate action on
completed. The foregoing authori of the Construction Change Orders or Construction Change Directives in
Manager will be subject to the provi ions of Subparagraphs accordance with Article 7 and will have authority to order
4.6.18 through 4.6.20 inclusive , with respect to minor changes in the Work as provided in Paragraph 7.4.
interpretations and decisions of the
the C
t'
hit
A
h Architect. However,
ers
onstruction Mana
4.6.15 The Construction Manager will maintain at the site
ec
s nor
rc
e
neither t
authority to act under this Subparagrap g
h 4.6.10 nor a decision for the Owner one record copy of all Contracts, Drawings,
made by either of them in good faith ither to exercise or not Specifications, addenda, Change Orders and other
to exercise such authority shall gi ve rise to a duty or Modifications, in good order and marked currently to record
responsibility of the Architect or the C onstruction Manager to all changes and selections made during construction, and in
the Contractor, Subcontractors, ma terial and equipment addition approved Shop Drawings, Product Data, Samples
suppliers, their agents or employ es, or other persons and similar required submittals. These will be available to the
performing any of the Work. Architect and the Contractor, and will be delivered to the
Owner upon completion of the Project.
4.6.11 The Construction Manager will receive from the
16 The Construction Manager will assist the Architect
4
6
Contractor and review and appro
Product Data and Samples, coordinat all Shop Drawings,
them with information .
.
in conducting inspections to determine the dates of
received from other Contractors, and ransmit to the Architect Substantial Completion and final completion, and will receive
those recommended for approv 1. The Construction and forward to the Architect written warranties and related
Manager's actions will be taken with such reasonable documents required by the Contract and assembled by, the
tness as to cause no delay in the Work of the Contractor. The Construction Manager will forward to the
promp
Contractor or in the activities of other Contractors, the Architect a final Project Application and Project Certificate
for Payment upon compliance with the requirements of the
Owner, or the Architect,
Contract Documents.
4.6.12 The Architect will review a d approve or take other
appropriate action upon the Contra or's submittals such as 4.6.17 If the Owner and Architect agree, the Architect will
Shop Drawings, Product Data and S mples, but only for the provide one or more project representatives to assist in
'
limited purpose of checking f r conformance with s responsibilities at the site. The
carrying out the Architect
information given and the design c ncept expressed in the duties, responsibilities and limitations of authority of such
Contract Documents. The Architec s action will be taken project representatives shall be as set forth in an exhibit to be
with such reasonable promptness as o cause no delay in the incorporated in the Contract Documents.
Work of the Contractor or in the activities of the other
4.6.18 The Architect will interpret and decide matters
Contractors, the Owner, Or the Cons truction Manager, while
' concerning performance under and requirements of the
allowing sufficient time in the s professional
chitect Contract Documents on written request of the Construction
judgment to permit adequate re
submittals is not conducted for the p iew. Review of such
ose of determining the Manager, Owner or Contractor. The Architect's response to
accuracy and completeness of ther details such as such requests will be made with reasonable promptness and
dimensions and quantities, or fors bstantiating instructions within any time limits agreed upon. If no agreement is made
for installation or performance of eq uipment or systems, all concerning the time within which interpretations required of
of which remain the responsibility of the Contractor as the Architect shall be furnished in compliance with, this
required by the Contract Documen . The Architect's review Paragraph 4.6, then delay shall not be recognized on account
AIA DOCUMENT A201ICMa - GENERAL ONDTTIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
- AIA 0 - 01992 THE AMERICAN INSTI 'UTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 200065292 P WARNING;
Unlicensed photocopyingviolates U.S. copy slit laws and is subject to legal prosecution. This document was electronically produced with permission of the MA and
can be reproduced without violation until the ate of expiration as noted below.
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1
' of failure by the Architect to fumis such interpretations until implemented by Change Order will, not be considered unless
15 days after written request is ma a for them. submitted in a timely manner.
i
4.6.19 Interpretations and decisio ns of the Architect will be 4.7.4 Continu
ng Contract Performance. Pending
consistent with the intent of and re onably inferable from the final resolution of a Claim including arbitration, unless
Contract Documents and will be i
drawings. When making such inte writing or in the form of
rpretations and decisions, otherwise agreed in writing the Contractor shall proceed
diligently with performance of the Contract and the Owner
the Architect will endeavor to secu re faithful performance by shall continue to make payments in accordance with the
both Owner and Contractor, will n t show partiality to either Contract Documents.
and will not be liable for results of nterpretations or decisions
so rendered in good faith. 4.7.5 Waiver of Claims: Final Payment. The making
of final payment shall constitute a waiver of Claims by the
4.6.20 The Architect's decision on matters relating to Owner except those arising from:
aesthetic effect will be final if onsistent with the intent
expressed in the Contract Documen ts. .1 liens, Claims, security interests or encumbrances
arising out of the Contract and unsettled;
1i 4.7 CLAIMS AND DISPUTE S
.2 failure of the Work to comply with the requirements
4.7.1 Definition. A Claim is a demand or assertion by of the Contract Documents; or
one of the parties seeking, as a m met of right, adjustment or
interpretation of Contract to s, payment of money, .3 terms of special warranties required by the Contract
extension of time or other relief ith respect to the terms of Documents.
the Contract. The term "Claim" a so includes other disputes
and matters in question between he Owner and Contractor 4.7.6 Claims for Concealed or Unknown
arising out of or relating to the ontract. Claims must be Conditions. If conditions are encountered at the site which
made by written notice. The res ponsibility to substantiate are (1) subsurface or otherwise concealed physical conditions
Claims shall rest with the party ma king the Claim. which differ materially from those indicated in the Contract
Documents or (2) unknown physical conditions of an unusual
4.7.2 Decision of Architect Claims, including those nature, which differ materially from those ordinarily found to
alleging an error or omission by t Construction Manager or exist and generally recognized as inherent in construction
Architect, shall be referred initial) to the Architect for action activities of the character provided for in the Contract
as provided in Paragraph 4.8. A d cision by the Architect, as Documents, then notice by the observing party shall be given
provided in Subparagraph 4.8.4 shall be required as a to the other party promptly before conditions are disturbed
I condition precedent to arbitratio or litigation of a Claim and in no event later than 21 days after first observance of the
between the Contractor and Ow er as to all such matters conditions. The Architect will promptly investigate such
arising prior to the date final paym nt is due, regardless of (1) conditions and, if they differ materially and cause an increase
whether such matters relate to ex ution and progress of the or decrease in the Contractor's cost of, or time requited for,
Work or (2) the extent to w ich the Work has been performance of any part of the Work, will recommend an
completed. The decision by the chitect in response to a equitable adjustment in the Contract Sum or Contract Time,
Claim shall not be a condition recedent to arbitration or or both. If the Architect determines that the conditions at the
1 litigation in the event (1) the post ion of Architect is vacant, site are not materially different from those indicated in the
(2) the Architect has not receive evidence or has failed to Contract Documents and that no change in the terms of the
render a decision within agreed ti a limits, (3) the Architect Contract is justified, the Architect shall so notify the Owner
has failed to take action required under Subparagraph 4.8.4 and Contractor in writing, stating the reasons. Claims by
within 30 days after the Claim j made, (4) 45 days have either party in opposition to such determination must be made
passed after the Claim has been r eferred to the Architect or within 21 days after the Architect has given notice of the
(5) the Claim relates to a mechanic 's lien. decision. If the Owner and Contractor cannot agree on an
adjustment in the Contract Sum or Contract Time, the
4.7.3 Time Limits on Claim s. Claims by either party adjustment shall be referred to the Architect for initial
must be made within 21 days a r occurrence of the event determination, subject to further proceedings pursuant to
giving rise to such Claim or with' 21 days after the claimant Paragraph 4.8.
first recognizes the condition g iving rise to the Claim,
whichever is later. Claims must H e made by written notice. 4.7.7 Claims for Additional Cost. If the Contractor
An additional Claim made after he initial Claim has been wishes to make Claim for an increase in the Contract Sum,
AIA DOCUMENT A201ICMa - GENE CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
- AIA 0 - 01992 THE AMERICAN INS MUM OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASMNG-TON, D.C., 20006-52924 WARNING;
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can be reproduced without violation until a date of expiration as noted below.
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written notice as provided herein stall be given before
proceeding to execute the Work. Prior notice is not required
for Claims relating to an emergency endangering life or
property arising under Paragraph 10 3. If the Contractor
believes additional cost is involved for reasons including but
not limited to (1) a written interpretation from the Architect,
(2) an order by the Owner to stop the Work where the
Contractor was not at fault, (3) a wri en order for a minor
change in the Work issued by the A chitect, (4) failure of
payment by the Owner, (5) teanination of the Contract by the
Owner, (6) Owner's suspension or (7) other reasonable
grounds, Claim shall be filed in accordance with the
procedure established herein.
4.7.8 Claims for Additional Timo.
4.7.8.1 If the Contractor wishes t make Claim for an
increase in the Contract Time, writtn notice as provided
herein shall be given. The Contractor's Claim shall include an
estimate of cost and of probable effect f delay on progress of
the Work. In the case of a continuing elay only one Claim is
necessary.
4.7.8.2 If adverse weather condi
Claim for additional time, such C
by data substantiating that weather
for the period of time and could
anticipated, and that weather condi
on the scheduled construction.
> are the basis for a
shall be documented
ditions were abnormal
have been reasonably
had an adverse effect
4.7.9 Injury or Damage to Pe
either party to the Contract suffers in
or property because of an act or omi
of any of the other party's employee
for whose acts such party is legally
such injury or damage, whether or ni
to the other patty within a reasonab!
days after first observance. The notic
detail to enable the other party to in
Claim for additional cost or time relt
asserted, it shall be filed as provide
or 4.7.8.
4.8 RESOLUTION OF
4.8.1 The Architect will review
more of the following preliminary a
receipt of a Claim: (1) request ac
from the claimant, (2) submit a
indicating when the Architect expect
the Claim in whole or in part, statin@
recommend approval of the Claim
suggest a compromise. The Archit
obligated to, notify the surety, if
amount of the Claim.
ion or Property. If
ry or damage to person
;ion of the other party,
or agents, or of others
iable, written notice of
insured, shall be given
time not exceeding 21
shall provide sufficient
estigate the matter. If a
;d to this Claim is to be
in Subparagraphs 4.7.7
AND DISPUTES
:/aims and take one or
tions within ten days of
itional supporting data
chedule to the parties
to take action, (3) reject
reasons for rejection, (4)
y the other party or (5)
ct may also, but is not
anv. of the nature and
4.8.2 if a Claim has been resolved, the Architect will
prepare or obtain appropriate documentation.
4.8.3 If a Claim has not been resolved, the party making
the Claim shall, within ten days after the Architect's
preliminary response, take one or more of the following
actions: (1) submit additional supporting data requested by
the Architect, (2) modify the initial Claim or (3) notify the
Architect that the initial Claim stands.
4.8.4 If a Claim has not been resolved after consideration
of the foregoing and of further evidence presented by the
parties or requested by the Architect, the Architect will notify
the parties in writing that the Architect's decision will be
made within seven days, which decision shall be final and
binding on the parties but subject to arbitration. Upon
expiration of such time period, the Architect will render to the
parties the Architect's written decision relative to the Claim,
including any change in the Contract Sum or Contract Time
or both. If there is a surety and there appears to be a
possibility of a Contractor's default, the Architect may, but is
not obligated to, notify the surety and request the surety's
assistance in resolving the controversy.
4.9 ARBITRATION
4. Controversies and Claims Subject to
rbitration. Any controversy or Claim arising out of or
related to the Contract, or the breach thereof, shall be settled
by arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association,
and judgment upon the award rendered by the arbitrator or
arbitrators may be entered in any court having jurisdiction
thereof, except controversies or Claims relating to aesthetic
effect and except those waived as provided for in
Subparagraph 4.7.5. Such controversies or Claims upon
which the Architect has given notice and rendered a decision
as provided in Subparagraph 4.8.4 shall be subject to
arbitration upon written demand of either party. Arbitration
may be commenced when 45 days have passed after a Claim
has been referred to the Architect as provided in Paragraph
4.7 and no decision has been rendered.
4,9 2 Rules and Notices for Arbitration. Claims
etween the Owner and Contractor not resolved under
Paragraph 4.8 shall, if subject to arbitration under
Subparagraph 4.9.1, be decided by arbitration in accordance
with the Construction Industry Arbitration Rules of the
American Arbitration Association currently in effect, unless
the parties mutually agree otherwise. Notice of demand for
arbitration shall be filed in writing with the other party to the
Agreement between the Owner and Contractor and with the
American Arbitration Association, and copies shall be filed
AIA DOCUMENT A201ICMa - GENER
- AIA ® - 01992 THE AMERICAN IN
Unlicensed photocopyingviolates U.S.a
can be reproduced without violation until
)NDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
ITE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-5292 Y WARNING:
it laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and
to of expiration as noted below. -
Electronic Format A201/CMa-1992
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with the Construction Manager and,
1 4.9 Contract Performance During Arbitration.
ring arbitration proceedings, the Owner and Contractor
shall comply with Subparagraph 4.7.
4
4.9.4 en Arbitration Ma
D and for arbitration of any Clair
e earlier of (1) the date on which tl
a final written decision on the Claii
the parties have presented evidence
been given reasonable opportunity has not rendered a final written dec
any of the five events described in S
4. .1 When a written decision o:
the decision is final but subjec
demand for arbitration of a Claim t
must be made within 30 days afte
party making the demand receives t
then failure to demand arbitration w
shall result in the Architect's deci:
binding upon the Owner and Con
renders a decision after arbitration
initiated, such decision may be ente
not supersede arbitration proceedin
acceptable to all parties concerned.
4.9 . A demand for arbitration
me limns specified in Subparagn
Clause 4.9.4.1 as applicable, and
reasonable time after the Claim ha:
shall it be made after the date wh
equitable proceedings based on suc
by the applicable statute of limitatioi
to Paragraph 13.7.
4.9 Limitation on Consolid
itation arising out of or re
Documents shall include, by consc
any other manner, the Construction
or the .Construction Manager's or
consultants, except by written cot
reference to the Agreement and sil
Manager, Architect, Owner, Contra
or entity sought to be joined. No at
consolidation or joinder or in any o'
than the Owner, Contractor, other C
Article 6 and other persons sub
common question of fact or law whi
complete relief is to be accorded in
entities other than the Owner, Contr
as defined in Subparagraph 3.1.2
Be Demanded.
may not be made until
Architect has rendered
(2) the tenth day after
r the Architect or have
do so, if the Architeq
ion by that date, or (3)
Daraeraoh 4.7.2.
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the Architect states that
to arbitration and (2) a
veered by such decision
the date on which the
e final written decision,
hin said 30 days' period
on becoming final and
ractor. If the Architect
proceedings have been
:d as evidence, but shall
s unless the decision is
all be made within the
Its 4.9.1 and 4.9.4 and
n other cases within a
arisen, and in no event
t institution of legal or
Claim would be barred
as determined pursuant
tion or Joinder. No
Sting to the Contract
idation or joinder or in
Manager, the Architect,
,rchitect's employees or
lent containing specific
led by the Construction
or and any other person
itration shall include, by
ier manner, parties other
ntractors as described in
:antially involved in a
to presence is required if
rbitration. No persons or
.tor or other Contractors
hall be included as an
original third party or additional third party to an arbitration
whose interest or responsibility is insubstantial. Consent to
arbitration involving an additional person or entity shall not
constitute consent to arbitration of a dispute not described
therein or with a person or entity not named or described
therein. The foregoing agreement to arbitrate and other
agreements to arbitrate with an additional person or entity
duly consented to by parties to the Agreement shall be
specifically enforceable under applicable law in any court
having' isdict*on thereof
6 Claims and Timely Assertion of Claims. A
party who files a notice of demand for arbitration must assert
in the demand all Claims then known to that parry on which
arbitration is permitted to be demanded. When a party fails to'
include a Claim through oversight, inadvertence or excusable
neglect, or when a Claim has matured or been acquired
subsequently, Ae arbitrator or arbitrators may permit
sin ende
in
4 Judgment on Final Award. The award rendered
by the arbitrator or arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in
any court having jurisdiction thereof.
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Subcontractor is a person or entity who has a
direct contract with the Contractor to perform a portion of the
Work at the site. The term "Subcontractor" is referred to
throughout the Contract Documents as if singular in number
and means a Subcontractor or an authorized representative of
the Subcontractor. The term "Subcontractor" does not include
other Contractors or subcontractors of other Contractors.
5.1.2 A Sub-subcontractor is a person or entity who, has a
direct or indirect contract with a Subcontractor to perform a
portion of the Work at the site. The term "Sub-subcontractor"
is referred to throughout the Contract Documents as if
singular in number and means a Sub-subcontractor or an
authorized representative of the Sub-subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER
CONTRACTS FOR PORTIONS OF THE
WORK
5.2.1 Unless otherwise stated in the Contract Documents
or the bidding requirements, the Contractor, as soon as
practicable after award of the Contract, shall furnish in
writing to the Construction Manager for review by the
AIA DOCUMENT A201/CMa - GENERAL ONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
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Owner, Construction Manager and A
chitect the names of i
shall make available to each proposed Subcontractor, prior to
persons or entities (including those who are to furnish the execution of the subcontract agreement, copies of the
materials or equipment fabricated a special design) Contract Documents to which the Subcontractor will be
proposed for each principal portion of the Work. The bound, and, upon written request of the Subcontractor,
Construction Manager will promptly re ply to the Contractor identify to the Subcontractor terms and conditions of the
in writing stating whether or not the Owner, Construction proposed subcontract agreement which may be at variance
Manager or Architect, after due investi ation, has reasonable with the Contract Documents. Subcontractors shall similarly
objection to any such proposed person or entity. Failure of make copies of applicable portions of such documents
the Construction Manager to reply pro mptly shall constitute available to their respective proposed Sub-subcontractors.
notice of no reasonable objection.
5.4 CONTINGENT ASSIGNMENT OF
5.2.2 The Contractor shall not con act with a proposed SUBCONTRACTS
person or entity to whom the Owner, onstruction Manager 5.41 Each subcontract agreement for a portion of the
or Architect has made reasonable and
i timely objection. The
Work is assigned by the Contractor to the Owner provided
red to c
Contractor shall not be requ tract with anyone to that:
whom the Contractor has made reasons le objection. 1 assignment is effective only after termination of the
5.2.3 If the Owner, Construction Ma nager or Architect has Contract by the Owner for cause pursuant to
reasonable objection to a person or e ntity proposed by the Paragraph 14.2 and only for those subcontract
Contractor, the Contractor shall propo another to whom the agreements which the Owner accepts by notifying
Owner, Construction Manager or Arch tect has no reasonable the Subcontractor in writing; and
objection. The Contract Sum shall be ncreased or decreased
by the difference in cost occasioned such change and an .2 assignment is subject to the prior rights of the surety,
appropriate Change Order shall be issued. However, no if any, obligated under bond relating to the Contract.
increase in the Contract Sum shall be allowed for such
change unless the Contractor has acted promptly and
responsively in submitting names as re uired. 5.4.2 If the Work has been suspended for more than 30
days, the Subcontractor's compensation shall be equitably
5.2.4 The Contractor shall not ch ange a Subcontractor, adjusted.
person or entity previously sele ted if the Owner,
Construction Manager or Archite t makes reasonable
objection to such change.
ARTICLE 6
5.3 SUBCONTRACTUAL RE TIONS CONSTRUCTION BY OWNER OR )3Y
OTHER CONTRACTORS
5.3.1 By appropriate agreement, written where legally
required for validity, the Contracto r shall require each 6.1 OWNER'S RIGHT TO PERFORM
Subcontractor, to the extent of the Wo rk to be performed by CONSTRUCTION WITH OWN FORCES
the Subcontractor, to be bound to the Contractor by terms of AND TO AWARD OTHER CONTRACTS
the Contract Documents, and to assume toward the
6.1.1 The Owner reserves the right to perfprm
Contractor all the obligations and res ponsibilities which the construction or operations related to the Project with, the
Contractor, by these Documents, assn ties toward the Owner, Owner's own forces, which include persons or entities under
Construction Manager and Archit ct. Each subcontract separate contracts not administered by the Construction
agreement shall preserve and protect a rights of the Owner, Manager. The Owner further reserves the right to award other
Construction Manager and Archite t under the Contract contracts in connection with other portions of the Project or
Documents with respect to the Work o be performed by the other construction or operations on the site under Conditions
Subcontractor so that subcontract g thereof will not of the Contract identical or substantially similar to these
prejudice such rights, and shall-allo to the Subcontractor, including those portions related to insurance and waiver of
unless specifically provided otherw se in the subcontract subrogation. If the Contractor claims that delay or additional
agreement, the benefit of all rights remedies and redress cost is involved because of such action by the Owners the
against the Contractor that the Con ctor, by the Contract Contractor shall make such Claim as provided elsewhere in
Documents, has against the Owner. Where appropriate, the the Contract Documents.
Contractor shall require each Subc ontractor to enter into
similar agreements with Sub-subcont ractors. The Contractor 6.1.2 When the Owner performs construction or
AIA DOCUMENT A201/CMa - GENERAL ONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
- AIA dD - 0,992 THE AMERICAN INSTIT JTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 2000652929 WARNING;
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1
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operations with the Owner's own
entities under separate contracts
Construction Manager, the O
coordination of such forces with t
who shall cooperate with them.
6.1.3 Unless otherwise pro,
Documents, when the Owner
operations related to the Project w'
the Owner shall be deemed to
obligations and to have the same
Contractor under the Conditions
without excluding others, those su
Articles 3, 10, 11 and 12.
ces including persons or
)t administered by the
er shall provide for
Work of the Contractor,
ed in the Contract
-forms construction or
the Owner's own forces,
e subject to the same
ghts which apply to the
the Contract, including,
I in this Article 6 and in
6.2 MUTUAL RESPONSIBILITY
6.2.1 The Contractor shall affor the Owner's own forces,
Construction Manager and other Contractors reasonable
opportunity for introduction and storage of their materials and
equipment and performance of eir activities, and shall
connect and coordinate the Contractor's construction and
operations with theirs as required b the Contract Documents.
6.2.2 If part of the Contractor's Work depends for proper
execution or results upon construction or operations by the
Owner's own forces or other C ntractors, the Contractor
shall, prior to proceeding with that portion of the Work,
promptly report to the Construction Manager and Architect
apparent discrepancies or defects such other construction
that would render it unsuitable for uch proper execution and
results. Failure of the Contractors to report shall constitute
an acknowledgment that the Ow er's own forces or other
Contractors' completed or partially completed construction is
fit and proper to receive the Contr ctor's Work, except as to
defects not then reasonably discove able.
6.2.3 Costs caused by delays or by improperly timed
activities or defective construction hall be bome by the parry
responsible therefor. .
6.2.4 The Contractor shall p omptly remedy damage
wrongfully caused by the Contractor to completed
construction or partially comp) ted construction or to
property of the Owner or other ontractors as provided in
Subparagraph 102.5.
6.2.5 Claims and other disput and matters in question
between the Contractor and other ontractors shall be subject
to the provisions of Paragraph 4.7 provided the other
Contractors have reciprocal obligations.
6.2.6 The owner and other Contractors shall have the
same responsibilities for cutting and patching,as are described
for the Contractor in Paragraph 3.14.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises among the Contractor, other
Contractors and the Owner as to the responsibility under their
respective contracts for maintaining the premises and
surrounding area free from waste materials and rubbish as
described it. Paragraph 3.15, the Owner may clean up and
allocate the cost among those responsible as the Construction
Manager, in consultation with the Architect, determines to be
just.
ARTICLE 7
CHANGES IN THE WORK
7.1 CHANGES
7.1.1 Changes in the Work may be accomplished after
execution of the Contract, and without invalidating the
Contract, by Change Order, Construction Change Directive
or order for a minor change in the Work, subject to the
limitations stated in this Article 7 and elsewhere in the
Contract Documents.
7.1.2 A Change Order shall be based upon agreement
among the Owner, Construction Manager, Architect and
Contractor; a Construction Change Directive requires
agreement by the Owner, Construction Manager and
Architect and may or may not be agreed to by the Contractor;
an order for a minor change in the Work may be issued by the
Architect alone.
7.1.3 Changes in the Work shall be performed under
applicable provisions of the Contract Documents, and
Contractor shall proceed promptly, unless otherwise provided
in the Change Order, Construction Change Directive or order
for a minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or
subsequently agreed upon, and if quantities originally
contemplated are so changed in a proposed Change Order or
Construction Change Directive that application of such unit
prices to quantities of Work proposed will cause substantial
inequity to the Owner or Contractor, the applicable unit
prices shall be equitably adjusted.
7.2 CHANGE ORDERS
7.2.1 A Change Order is a written instrument prepared by
the Construction Manager and signed by the Owner,
Construction Manager, Architect and Contractor, stating their
agreement upon all of the following:
AIA DOCUMENT A20I1CMa - GENERA L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
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.1 a change in the Work; Contractor indicates the agreement of the Contractor
therewith, including adjustment in -Contract Sum and
.2 the amount of the adjustment ' the Contract Sum, if Contract Time or the method for determining them. Such
any; and agreement shall be effective immediately and shall be
recorded as a Change Order.
i
.3 the extent of the adjustment th' Contract Time, if
any. 7.3.6 If the Contractor does not respond promptly or
; disagrees with the method for adjustment in the Contract
2 Methods used in determin
7
2 adjustments to the Sum, the method and the adjustment shall be determinedby
.
.
Contract Sum may include those liste Subparagraph 7.3.3. the Construction Manager on the basis of reasonable
expenditures and savings of those performing the Work
attributable to the change, including; in case of an increase in
7.3 CONSTRUCTION CHANG DIRECTIVES the Contract Sum, a reasonable allowance for overhead and
profit. In such case, and also under Clause 7.3.3.3, the
7.3.1 A Construction Change Dire rive is a written order Contractor shall keep and present, in such form as the
prepared by the Construction Manag er and signed by the C640tlction Manager may prescribe, an itemized accounting
Owner, Construction Manager and Architect, directing a together with appropriate supporting data. Unless otherwise
change in the Work and stating proposed basis for provided in the Contract Documents, costs for the purposes of
adjustment, if any, in the Contract Su or Contract Time, or this Subparagraph 7.3.6 shall be limited to the following:
both. The Owner may by Construct on Change Directive,
without invalidating the Contract, orde r changes in the Work
within the general scope of the C ontract consisting of A costs of labor, including social security, old age !land
deletions or other revisions
additions the Contract Sum and unemployment insurance, fringe benefits required) by
,
Contract Time being adjusted accordin gly, agreement or custom, and workers compensation
insurance;
7.3.2 A Construction Change Din ctive shall be used in
the absence of total agreement on t ie terms of a Change .2 costs of materials, supplies and equipment,
Order. including cost of transportation, whether
incorporated or consumed;
7.3.3 if the Construction Change D irective provides for an
'
adjustment to the Contract Sum, the a ustment shall be based .3 rental costs of machinery and equipment, exchisive
on one of the following methods: of hand tools, whether rented from the Contractor or
.1 mutual acceptance of a lump sum properly itemized
others;
and supported by sufficient substantiating data to .4 costs of premiums for all bonds and insurance,
permit evaluation; permit fees, and sales, use or similar taxes related to
.2 unit prices stated in the C ontract Documents or the Work; and
subsequently agreed upon; .5 additional costs of supervision and field office
personnel directly attributable to the change.
.3 cost to be determined in a manner agreed upon by
the parties and a mutual) acceptable fixed or 7.3.7 Pending fmai determination of cost to the Owner,
percentage fee; or amounts not in dispute may be included in Applications for
Payment. The amount of credit to be allowed by,, the
4 as provided in Subparagraph 7.3.6. Contractor to the Owner for a deletion or change which
results in a net decrease in the Contract Sum shall be a=ctual -
7.3A Upon receipt of a Constru tion Change Directive, net cost as confirmed by the Construction Manager. When
the Contractor shall promptly procee with the change in the both additions and credits covering related World or
Work involved and advise the Co struction Manager and substitutions are involved in a change, the allowance for
Architect of the Contractor's agreem nt or disagreement with overhead and profit shall be figured on the basis of net
the method, if any, provided in It e Construction Change
, if any, with respect to that change
increase,
Directive for determining the pro sed adjustment in the
Contract Stun or Contract Time. 7.3.8 If the Owner and Contractor do not agree with the
adjustment in Contract Time or the method for determining it,
7.3.5 A Construction Change irective signed by the
AIA DOCUMENT A201/CMa - GENERAL
- AIA ® - 01992 THE AMERICAN MSTf ONDITIONS OF THE CONTRACF FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
TE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHMG-TON, D.C., 20006.52924 WAR 0; -
roduced with permission of the A and
as electronicall
t
Thi
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t laws and is subject to lega y p
ocumen
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s
cut
on.
can be reproduced without violation until the ate of expiration as noted below.
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the adjustment or the method
Construction Manager for determ
7.3.9 When the Owner and Cor
determination made by the Constructi
the adjustments in the Contract Sum
otherwise reach agreement upon
agreement shall be effective impirl
Construction Manager and shall be i
and execution of an appropriate Chan
7.4 MINOR CHANGES IN
7.4.1 The Architect will have
changes in the Work not involving
Sum or extension of the Contract
with the intent of the Contract I
shall be effected by written o
Construction Manager and shall be
Contractor. The Contractor shall ca
promptly.
ARTICLE
TIME
8.1 DEFINITIONS
8.1.1 Unless otherwise pi
period of time, including aut
the Contract Documents for
Work.
8.1.2 The date of commencem
established in the Agreement. The
by the failure to act of the Contra(
for whom the Contractor is respon
8.1.3 The date of Substantial
certified by the Architect in accorc
8.1.4 The term "day" as used
shall mean calendar day unless of
8.2 PROGRESS AND
8.2.1 Time limits stated in the
the essence of the Contract. By e.
Contractor confirms that the Cot
period for performing the Work.
8.2.2 The Contractor shall
agreement or instruction of the
be referred to the
ctor agree with the
Manager concerning
id Contract Time, or
adjustments, such
ly issued through the
orded by preparation
Order.
WORK
hority to order minor
ustment in the Contract
to and not inconsistent
uments. Such changes
r issued through the
ding on the Owner and
out such written orders
Contract Time is the
adjustments, allotted in
tial Completion of the
of the Work is the date
e shall not be postponed
or of persons or entities
tpletion is the date
with Paragraph 9.8.
Contract Documents
spec i fical lyrdefined.
act Documents are of
ng the Agreement the
Time is a reasonable
knowingly, except by
• in writing, prematurely
commence operations on the site or elsewhere prior to the
effective date of insurance required' by Article I 1 to be
furnished by the Contractor. The date of commencement of
the Work shall not be changed by the effective date of such
insurance. Unless the date of commencement is established
by a notice to proceed given by the Owner, the Contractor
shall notify the Owner in writing not less than five days or
other agreed period before commencing the Work to permit
the timely filing of mortgages, mechanic's liens and other
security interests.
8.2.3 The Contractor shall proceed expeditiously with
adequate forces and shall achieve Substantial Completion
within the Contract Time.
8.3 DELAYS AND EXTENSIONS OF TIME
8.3.1 If the Contractor is delayed at any time in progress
of the Work by an act or neglect of the Owner's own forces,
Construction Manager, Architect, any of the other
Contractors or an employee of any of them, or by changes
ordered in the Work, or by labor disputes, fire, unusual delay
in deliveries, unavoidable casualties or other causes beyond
the Contractor's control, or by delay authorized by the Owner
pending arbitration, or by other causes which the Architect,
based on the recommendation of the Construction Marjager,
determines may justify delay, then the Contract Time shall be
extended by Change Order for such reasonable time as the
Architect may determine.
8.3.2 Claims relating to time shall be made in accordance
with applicable provisions of Paragraph 4.7.
8.3.3 This Paragraph 8.3 does not preclude recovery of
damages for delay by either party under other provisions of
the Contract Documents.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract Sum is stated in the Agreement and,
including authorized adjustments, is the total amount payable
by the Owner to the Contractor for performance of the Work
under the Contract Documents.
9.2 SCHEDULE OF VALUES
9.2.1 Before the first Application for Payment, the
Contractor shall submit to the Architect, through the
Construction Manager, a schedule of values alloczted to
various portions of the Work, prepared in such form and
supported by such data to substantiate its accuracyas the
ALA DOCUMENT A20VCMa - GENE CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
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I
Construction Manager and Archite may require. This
schedule, unless objected tb by the Construction Manager or
Architect, shall be used as a bass for reviewing the
Contractor's Applications for Payment.
9.3 APPLICATIONS FOR PAl
9.3.1 At least fifteen days before
each progress payment, the Contrac
Construction Manager an itemized A
for Work completed in accordance
values. Such application shall be nol
supported by such data substantiating
payment as the Owner, Constructiot
may require, such as copies
Subcontractors and material sup
retainage if provided for elsewl
Documents.
e date established for
r shall submit to the
plication for Payment
with the schedule of
rized, if required, and
1e Contractor's right to
Manager or Architect
f requisitions from
iers, and reflecting
:re in the Contract
9.3.1.1 Such applications may inclu a requests for payment
on account of changes in the Work w ich have been properly
authorized by Construction Change Directives but not yet
included in Change Orders.
9.3.1.2 Such applications may no include requests for
payment of amounts the Contractor d es not intend to pay to
a Subcontractor or material supplier ecause of a dispute or
other reason.
9.3.2 Unless otherwise
Documents, payments shall be made
and equipment delivered and suitab
subsequent incorporation in the Worl
by the Owner, payment may similar
and equipment suitably stored off the
upon in writing. Payment for materi,
on or off the site shall be conditioner
Contractor with procedures satisfa
establish the Owner's title to such ml
otherwise protect the Owner's inti
applicable insurance, storage and tra
such materials and equipment stored
j in the Contract
n account of materials
stored at the site for
If approved in advance
be made for materials
site at a location agreed
s and equipment stored
upon compliance by the
cry to the Owner to
.vials and equipment or
est, and shall include
portation to the site for
ff the site.
9.3.3 The Contractor warrants
covered by an Application for P
Owner no later than the time of
further warrants that upon submit
Payment all Work for which Cert
been previously issued and pays
Owner shall, to the best of the
information and belief, be free a
security interests or encumbrances
Subcontractors, material suppliers,
AIA DOCUMENT A201/CMa - GENER
- ALA (1) - 01992 THE AMERICAN M
Unlicensed photocopying violates U.S. e
can be reproduced without violation until
hat title to all Work
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yment. The Contractor
of an Application for
sates for Payment have
Tits received from the
:ontractot•s knowledge,
clear of liens, claims,
favor of the Contractor,
other persons or entities
making a claim by reason of having provided labor, materials
and equipment relating to the Work.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Construction Manager will assemble a Project
Application for Payment by combining the Contractor's
applications with similar applications for progress payments
from other Contractors and, after certifying the amounts due
on such applications, forward them to the Architect within
seven days.
9.4.2 Within seven days after the Architect's receipt of the
Project Application for Payment, the Construction Manager
and Architect will either issue to the Owner a Project
Certificate for Payment, with a copy to the Contractor, for
such amount as the Construction Manager and Architect
determine is properly due, or notify the Contractor end
Owner in writing of the Construction Manager's And
Architect's reasons for withholding certification in whole or
in part as provided in Subparagraph 9.5.1. Such notifucal;ion
will be forwarded to the Contractor by the Construction
Manager.
9.4.3 The issuance of a separate Certificate for Payment or
a Project Certificate for Payment will constitute
representations made separately by the Construction Manager
and Architect to the Owner, based on their individual
observations at the site and the data comprising the
Application for Payment submitted by the Contractor, that the
Work has progressed to the point indicated and that, to the
best of the Construction Manager's and Architect's
knowledge, information and belief, quality of the Work is in
accordance with the Contract Documents. The foregoing
representations are subject to an evaluation of the Work for
conformance with the Contract Documents upon Substantial
Completion, to results of subsequent tests and inspections, to
minor deviations from the Contract Documents correctable
prior to completion and to specific qualifications expressed
by the Construction Manager or Architect. The issuance', of a
separate Certificate for Payment or a Project Certificate for
Payment will further constitute a representation that the
Contractor is entitled to payment in the amount certified.
However, the issuance of a separate Certificate for Payment
or a Project Certificate for Payment will not tie a
representation that the Construction Manager or Architect has
(1) made exhaustive or continuous on-site inspectiot S to
check the quality or quantity of the Work, (2) reviewed the
Contractor's construction means, methods, techniques,
sequences or procedures, (3) reviewed copies of requisitions
received from Subcontractors and material suppliers and
other data requested by the Owner to substantiate the
Contractor's right to payment or (4) made examination to
ascertain how or for what purpose the Contractor has, used
3NDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
TTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-5292 V WARNMG;
ht laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and
to of expiration as noted below.
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money previously paid on account of6 Contract Sum.
I 9.5 DECISIONS TO WITHHOLD
CERTIFICATION
I Certificate for Payment previously
9.5.1 The Construction Manager
not to certify payment and may w
Payment in whole or in part, tc
necessary to protect the Owner,
Manager's or Architect's opinion 0
Owner required by Subparagraph 9!
Construction Manager or Archite
payment in the amount of the Appl
Manager or Architect will notify the
provided in Subparagraph 9.4.
Construction Manager and Archil
revised amount, the Construction M
promptly issue a Certificate for Pal
which the Construction Manager a
make such representations to the (
Manager or Architect may also deci
or, because of subsequently c
subsequent observations, may nullif
may be necessary in the Cor
Architect's opinion to protect the Ov
1 defective Work not
.4 reasonable evidence tha
completed for the unpaid
Sum;
.2 third party claims filed (or reasonable evidence
indicating probable filing o$ such claims;
.3 failure of the Contractor
to Subcontractors or
equipment;
i
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.5 damage to the Owner or
.6 reasonable evidence t
completed within the I
unpaid balance would
actual or liquidated d
delay; or
.7 persistent failure to
accordance with the Col
9.5.2 When the above
certification are removed, c
amounts previously withheld.
r Architect may decide
hhold a Certificate for
the extent reasonably
f in the Construction
representations to the
3 cannot be made. If the
is unable to certify
ation, the Construction
;ontractor and Owner as
If the Contractor,
ct cannot agree on a
Lager and Architect will
tent for the amount for
d Architect are able to
vier. The Construction
e not to certify payment
covered evidence or
the whole or a part of a
sued, to such extent as
ruction Manager's or
er from loss because of:
ke payments properly
labor. materials or
9.6 PROGRESS PAYMENTS
9.6.1 After the Construction Manager and Architect have
issued a Project Certificate for Payment, the Owner shall
make payment in the manner and within the time provided in
the Contract Documents, and shall so notify the Construction
Manager and Architect.
9.6.2 The Contractor shall promptly pay each
Subcontractor, upon receipt of payment from the Owner, out
of the amount paid to the Contractor on account of such
Subcontractor's portion of the Work, the amount to which
said Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of such
Subcontractor's portion of the Work. The Contractor shall, by
appropriate agreement with each Subcontractor, require each
Subcontractor to make payments to Sub-subcontractors in
similar manner.
9.6.3 The Construction Manager will, on request, furnish
to a Subcontractor, if practicable, information regarding
percentages of completion or amounts applied for by the
Contractor and action taken thereon by the Owner,
Construction Manager and Architect on account of portions
of the Work done by such Subcontractor.
9.6.4 Neither the Owner, Construction Manager nor
Architect shall have an obligation to pay or to see to the
payment of money to a Subcontractor except as may
otherwise be required by law.
9.6.5 Payment to material suppliers shall be treated in a
manner similar to that provided in Subparagraphs 9.6.2, 9.6.3
and 9.6.4.
9.6.6 A Certificate for Payment, a progress payment, or
the Work cannot be partial or entire use or occupancy of the Project by the Owner
alance of the Contract shall not constitute acceptance of Work not in accordance
with the Contract Documents.
contractor;
the Work will not be
ract Time, and that the
be adequate to cover
ges for the anticipated
/ out the Work in
Documents.
for withholding
will be made for
9.7 FAILURE OF PAYMENT
9.7.1 If, through no fault of the Contractor, 1) the
Construction Manager and Architect do not issue a Project
Certificate for Payment within fourteen days after the
Construction Manager's receipt of the Contractor's
Application for Payment or 2) the Owner does not pay the
Contractor within seven days after the date established' in the
Contract Documents the amount certified by the Construction
Manager and Architect or awarded by arbitration, then the
Contractor may, upon seven additional days' written notice to
the Owner, Construction Manager and Architect, stop the
Work until payment of the amount owing has been received.
The Contract Time shall be extended appropriately and the
ALA DOCUMENT A201/CMa - GENERA, CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER E
- AIA ® - 01992 THE AMERICAN INS OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-5292 Y WX NG;!
Unlicensed photoeopyingviolates U.S. cop right laws and is subject to legal prosecution. This document was electronically produced with permission of thei. AIA and
can be reproduced without violation until date of expiration as noted below. Electronic Format A201 /CMa- 1992 it
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Contract Sum shall be increased fl y the amount of the thereof as provided in the Contract Documents.
Contractor's reasbnable Costs of but-down, delay and
start-up, which shall be accomplished as provided in Article 9.9 PARTIAL OCCUPANCY OR USE
7' 9.9.1 The Owner may occupy or use any completed or
9.8 SUBSTANTIAL COMPLE ION partially completed portion of the Work at any stage when
such portion is designated by separate agreement with the
9.8.1 Substantial Completion is t stage in the progress Contractor, provided such occupancy or use is consented to
of the Work when the Work or desi ated portion thereof is by the insurer as required under Subparagraph 11.3. 11 and
sufficiently complete in accordanc e with the Contract authorized by public authorities having jurisdiction over the
Documents so the Owner can occupy or utilize the Work for Work. Such partial occupancy or use may commence whether
its intended use. or not the portion is substantially complete, provided the
9.8.2 When the Contractor consid
ers that the Work, or a Owner and Contractor have accepted in writing the
responsibilities assigned to each of them for payments,
portion thereof which the Owner agr es to accept separately, retainage if any, security, maintenance, heat, utilities, damage
is substantially complete, the Contr actor and Construction to the Work and insurance, and have agreed in writing
Manager shall jointly prepare and s bmit to the Architect a concerning the, period for correction of the Work and
comprehensive list of items to be com pleted or corrected. The commencement of warranties required by the Contract
Contractor shall proceed promptly t complete and correct Documents. When the Contractor considers a portion
items on the list. Failure to include item on such list does substantially complete, the Contractor and Construction
not alter the responsibility of the C tractor to complete all Manager shall jointly prepare and submit a list to' the
Work in accordance with the Con act Documents. Upon Architect as provided under Subparagraph 9.8.2. Consent of
receipt of the list, the Architect, assis ted by the Construction the Contractor to partial occupancy Or use shall not be
Manager, will make an inspection t determine whether the unreasonably withheld. The stage of the progress of the Work
Work or designated portion thereof i substantially complete. shall be determined by written agreement between the Owner
If the Architect's inspection disclose s any item, whether or and Contractor or, if no agreement is reached, by decision of
not included on the list, which is no in accordance with the the Architect after consultation with the Construction
requirements of the Contract Doc menu, the Contractor Manager.
shall, before issuance of the Ce ificate of Substantial
Completion, complete or correct suc item upon notification 9.9.2 Immediately prior to such partial occupancy or use,
by the Architect. The Contractor sh 11 then submit a request the Owner, Construction Manager, Contractor and Architect
for another inspection by the An hitect, assisted by the shall jointly inspect the area to be occupied or portion of the
Construction Manager, to determine Substantial Completion. Work to be used in order to determine and record the
When the Work or designated portio thereof is substantially condition of the Work. C
complete, the Architect will pre pare a Certificate of [
Substantial Completion which shal l establish the date of 9.9.3 Unless otherwise agreed upon, partial occupancy or
Substantial Completion, shall establi h responsibilities of the use of a portion or portions of the Work shall not constitute
Owner and Contractor for secur ty, maintenance, heat, acceptance of Work not complying with the requirements of
utilities, damage to the Work and in urance, and shall fix the the Contract Documents.
time within which the Contractor sha ll finish all items on the
list accompanying the Certificate. W arranties required by the 9.10 FINAL COMPLETION AND FINAL PAYMENT [
Contract Documents shall corn nce on the date of 9.10.1 Upon completion of the Work, the Contractor' shall
Substantial Completion of the Wor k or designated portion forward to the Construction Manager a written notice that the
thereof unless otherwise provide in the Certificate of Work is ready for final inspection and acceptance and shall
Substantial Completion. The Ce rtificate of Substantial also forward to the Construction Manager a final Contractor's
Completion shall be submitted to th e Owner and Contractor Application for Payment. Upon receipt, the Construction
for their written acceptance of res onsibilities assigned to Manager will forward the notice and Application to the
them in such Certificate. Architect who will promptly make such inspection. Whi the
Architect, based on the recommendation of the Construction
9.8.3 Upon Substantial Comple tion of the Work or Manager, finds the Work acceptable under the Contract `
designated portion thereof and u on application by the Documents and the Contract fully performed, the I
Contractor and certification by the C onstruction Manager and Construction Manager and Architect will promptly issue a
Architect, the Owner shall mi ce payment, reflecting final Certificate for Payment stating that to the best of their
adjustment in retainage, if any, f such Work or portion their
knowledge, information and belief, and on the basis o$
AIA DOCUMENT A201/CMa - GENERAL II
CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
- AIAtD - 01992 THE AMERICAN INSTI OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20D06-5292V WARNING;,
Unlicensed photowpyingviolates U.S. copy 'ght laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and
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observations and inspections, the W rk has been completed
in accordance with terms and conditions of the Contract
Documents and that the entire balana found to be due the
Contractor and noted in said final Certificate is due and
payable. The Construction Managers and Architect's final
Certificate for Payment will constitute a further
representation that conditions listed In Subparagraph 9.10.2
as precedent to the Contractor's eing entitled to final
payment have been fulfilled.
9.10.2 Neither final payment nor any remaining retained
percentage shall become due until the Contractor submits to
the' Architect through the Construction Manager (1) an
affidavit that payrolls, bills for materals and equipment, and
other indebtedness connected with the Work for which the
Owner or the Owner's property m ght be responsible or
encumbered (less amounts withheld by Owner) have been
paid or other wise satisfied, (2) a ce ificate evidencing that
+ insurance required by the Contract ocuments to remain in
1 force after final payment is currently in effect and will not be
canceled or allowed to expire until at least 30 days' prior
written notice has been given to th Owner, (3) a written
statement that the Contractor knows of no substantial reason
that the insurance will not be renew ble to cover theperiod
required by the Contract Documents, (4) consent of surety, if
any, to final payment and (5), if requ ed by the Owner, other
data establishing payment or satisfrc ion of obligations, such
as receipts, releases and waivers o liens, claims, security
interests or encumbrances arising ou of the Contract, to the
extent and in such form as may be d signated by the Owner.
If a Subcontractor refuses to fumi h a release or waiver
required by the Owner, the Contrac or may furnish a bond
1 satisfactory to the Owner to indem ify the Owner against
+ such lien. If such lien remains unsati fled after payments are
made, the Contractor shall refund tot a Owner all money that
the Owner may be compelled to pay n dischar g ng such lien,
including all costs and reasonable att eys' fees.
9.10.3 If, after Substantial Compl ion of the Work, final
completion thereof is materially del ed through no fault of
the Contractor or by issuance of ange Orders affecting
final completion, and the Cons uction Manager and
Architect so confirm, the Owner sh 11, upon application by
the Contractor and certification by th Construction Manager
and Architect, and without terminal ng the Contract, make
payment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance for Work
not fully completed or corrected is less than retainage
stipulated in the Contract Documents and if bonds have been
furnished, the written consent of surety to payment of the
balance due for that portion of the Work fully completed and
accepted shall be submitted by the C ntmctor to the Architect
through the Construction Manager rior to certification of
such payment. Such payment shall b made under terms and
conditions governing final payment, except that it shall not
constitute a waiver of Claims. The making of final payment
shall constitute a waiver of Claims by the Owner as provided
in Subparagraph 4.4.5.
9.10.4 Acceptance of final payment by the Contractor, a
Subcontractor or material supplier shall constitute a waiver of
claims by that payee except those previously made in writing
and identified by that payee as unsettled at the time of final
Application for Payment. Such waivers shall be in addition to
the waiver described in Subparagraph 4.7.5.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 The Contractor shall be responsible for initiating,
maintaining and supervising all safety precautions and
programs in connection with the performance of the Contract.
The Contractor shall submit the Contractor's safety program
to the Construction Manager for review and coordination
with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site
material reasonably believed to be asbestos or
polychlorinated biphenyl (PCB) which has not been rendered
harmless, the Contractor shall immediately stop Work in the
area affected and report the condition to the Owner,
Construction Manager and Architect in writing. The Work in
the affected area shall not thereafter be resumed except by
written agreement of the Owner and Contractor if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and
has not been rendered harmless. The Work in the affected
area shall be resumed in the absence of asbestos or
polychlorinated biphenyl (PCB), or when it has been
rendered harmless, by written agreement of the Owner and
Contractor, or in accordance with final determination by the
Architect on which arbitration has not been demanded, or by
arbitration under Article 4.
10.1.3 The Contractor shall not be required pursuant to
Article 7 to perform without consent any Work relating to
asbestos or polychlorinated biphenyl (PCB).
10.1.4 To the fullest extent permitted by law, the Owner
shall indemnify and hold harmless the Contractor,
Construction Manager, Architect, their consultants, and
agents and employees of any of them from and against
claims, damages, losses and expenses, including but not
limited to attorneys' fees, arising out of or resulting from
performance of the Work in the affected area if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and
AIA DOCUMENT A2011CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
- AIA ® - 01992 THE AMERICAN INS OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-5292V WARDING;
Unlicensed photocopying violates U.S. copyri N laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and
can be reproduced without violation until the ate of expiration as noted below.
Electronic Format A201/CMa-1992
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has not been rendered harmless, pro ided that such claim,
damage, loss or expense 'is attributable to bodily injury,
sickness, disease or death, or to inju to or destruction of
tangible property (other than the Wo m itself) including loss
of use resulting therefrom, but only the extent caused in
whole or in part by negligent acts or o issions of the Owner,
anyone directly or indirectly employed by the Owner or
anyone for whose acts the Owner may be liable, regardless of
whether or not such claim, damage, 1 b or expense is caused
in part by a party indemnified here der. Such obligation
shall not be construed to negate, abridge or reduce other
rights or obligations of indemnity which would otherwise
exist as to a party or person described in this Subparagraph
10.1.4.
10.1.5 If reasonable precautions ill be inadequate to
prevent foreseeable bodily injury or death to persons resulting
from a material or substance encoun ered on the site by the
Contractor, the Contractor shall, upon recognizing the
condition, immediately stop Work i the affected area and
report the condition to the Owner, C struction Manager and
Architect in writing. The Owner, Contractor, Construction
Manager and Architect shall then pro eed in the same manner
described in Subparagraph 10.1.2.
10.1.6 The Owner shall be responsible for obtaining the
services of a licensed laboratory t verify a presence or
absence of the material or subs ance reported by the
Contractor and, in the event such material or substance is
found to be present, to verify that it has been rendered
harmless. Unless otherwise requ red by the Contract
Documents, the Owner shall fu ish in writing to the
Contractor, Construction Manager nd Architect the names
and qualifications of persons or ent ties who are to perform
tests verifying the presence or abs ce of such material or
substance or who are to perform th task of removal or safe
containment of such material or su stance. The Contractor,
the Construction Manager and the Architect will promptly
reply to the Owner in writing star whether or not any of
them has reasonable objection to the persons or entities
proposed by the Owner. If the ontractor, Construction
Manager or Architect has an object on to a person or entity
proposed by the Owner, the Owner shall propose another to
whom the Contractor, the Con ction Manager and the
Architect have no reasonable objecti in.
10.2 SAFETY OF PERSONS '41413 PROPERTY
10.2.1 The Contractor shall take asonable precautions for
safety of, and shall provide reasonable protection to prevent
damage, injury or loss to:
.1 employees on the Work other persons who may
be affected thereby;
.2 the Work and materials and equipment to be
incorporated therein, whether in storage,on or off the
site, under care, custody or control of the Contractor
or the Contractor's Subcontractors or
Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as
trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal,
relocation or replacement in the course of
construction; and
.4 construction or operations by the Owner or
other Contractors.
10.2.2 The Contractor shall give notices and comply with
applicable laws, ordinances, rules, regulations and lawful
orders of public authorities bearing on safety of persons or
property or their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required
by existing conditions and performance of the Contract,
reasonable safeguards for safety and protection, incl>td, Dg-
posting danger signs and other warnings against hazards,
promulgating safety regulations and notifying owners and
users of adjacent sites and utilities.
10.2.4 When use for storage of explosives or other
hazardous materials or equipment or unusual methods are
necessary for execution of the Work, the Contractor (shall
exercise utmost care and carry on such activities under
supervision of properly qualified personnel.
10.2.5 The Contractor shall promptly remedy,damagt and
loss (other than damage or loss insured under property
insurance required by the Contract Documents) to property
referred to in Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4 caused
in whole or in part by the Contractor, a Subcontractor, a
Sub-subcontractor, or anyone directly or indirectly employed
by any of them, or by anyone for whose acts they may be
liable and for which the Contractor is responsible under
Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or
loss attributable to acts or omissions of the Owner,
Construction Manager or Architect or anyone directly or
indirectly employed by any of them, or by anyone for whose
acts any of them may be liable, and not attributable to the
fault or negligence of the Contractor. The foregoing
obligations of the Contractor are in addition it the
Contractors obligations under Paragraph 3. IS.
10.2.6 The Contractor shall designate a responsible ritember
of the Contractor's organization at the site whose duty shall
be the prevention of accidents. This person shall be the
Contractor's superintendent unless otherwise designated by
AIA DOCUMENT A201/CMa - GENERA , CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER E MON
- ALA 0 - 01992 THE AMERICAN INS TUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-5292 Y W G;
Unlicensed photompyingviolates U.S. cop right laws and is subject to legal prosecution. This document was electronically produced with permission of the!AIA and
can be teproduced without violation until it due of expiration as noted below.
Electronic Format A201/CMa-1992
User Document. A201CMA.CO - 2/112000. AIA License Number 103449, which expires on 5/6/2000 - Page #28
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the Contractor in writing tp the Owne , Construction Manager .6 claims for damages because of bodily, injury, death
and Architect. of a person or property damage arising out of
ownership, maintenance or use of a motor vehicle;
10.2.7 The Contractor shall not to d or permit any part of and
the construction or site to be loade so as to endanger its
j safety. .7 claims involving contractual liability insurance
1 applicable to the Contractor's obligations under
10.3 EMERGENCIES Paragraph 3.18.
10.3.1 In an emergency affectin safety or persons or 11.1.2 The insurance required by Subparagraph 11.1.1 shall
property, the Contractor shall ac t, at the Contractor's be written for not less than limits of liability specified in the "
discretion, to prevent threatened d amage, injury or loss. Contract Documents or required by law, whichever coverage
Additional compensation or extensio of time claimed by the is greater. Coverages, whether written on an occurrence or
Contractor on account of an emerge icy shall be determined claims-made basis, shall be maintained without interruption
as provided in Paragraph 4.7 and Art le 7. from date of commencement of the Work until date of final .
payment and termination of any coverage required to be
maintained after final payment.
ARTICLE 1
INSURANCE AND BONDS 11.1.3 Certificates of insurance acceptable to the Owner
1 11.1 CONTRACTOR'S LIABIL MY INSURANCE shall be submitted to the Construction Manager for
transmittal to the Owner with a copy to the Architect pripr to
11.1.1 The Contractor shall purch i from and maintain in commencement of the Work. These certificates and the
a company or companies lawfully a thorized to do business insurance policies required by this Paragraph 11.1 shall
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in the jurisdiction in which the roject is located such contain a provision that coverages afforded under the policies
insurance as will protect the Contrac or from claims set forth will not be canceled or allowed to expire until at least 30
below which may arise out of or res It from the Contractor's days' prior written notice has been given to the Owner. If any
operations under the Contract and r which the Contractor of the foregoing insurance coverages are required to remain
may be legally liable, whether sat operations be by the in force after final payment and are reasonably available, an
Contractor or by a Subcontractor by anyone directly or additional certificate evidencing continuation of such
indirectly employed by any of them, or by anyone for whose coverage shall be submitted with the final Application for
acts any of them may be liable: Payment as required by Subparagraph 9.10.2. Information
concerning reduction of coverage shall be furnished by the
.1 claims under workers c mpensation, disability Contractor with reasonable promptness in accordance with
benefit and other similar employee benefit acts the Contractor's information and belief.
which are applicable to the Work to be performed;
11.2 OWNER'S LIABILITY INSURANCE
.2 claims for damages beca use of bodily injury,
I
occupational sickness or isease, or death of the 11.2.1 The Owner shall be responsible for purchasing and
Contractor's employees; maintaining the Owner's usual liability insurance. Optionally,
the Owner may purchase and maintain other insurance for
3 claims for damages beca use of bodily injury, self-protection against claims which may arise from
sickness or disease, or dea th of any person other operations under the Contract. The Contractor shall not be
than the Contractor's employ ees; responsible for purchasing and maintaining this optional
Owners liability insurance unless specifically required by the
A claims for damages insure by usual personal injury Contract Documents.
liability coverage which a sustained (1) by a
person as a result of an off rise directly or indirectly 11.3 PROPERTY INSURANCE
related to employment such person by the
Contractor, or (2) by anoth person; 11.3.1 Unless otherwise provided, the Owner shall purchase
and maintain, in a company or companies lawfully authorized
5 claims for damages, other than to the Work itself, to do business in the jurisdiction in which the Project is
because of injury to or destruction of tangible located, property insurance in the amount of the initial
property, including loss of se resulting therefrom; Contract Sum as well as subsequent modifications thereto for
the entire Work at the site on a replacement cost basis without
voluntary deductibles. Such property insurance shall be
" AIA DOCUMENT A201/CMa - GENERAL ONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
- AIA ® - 01992 THE AMERICAN INSTI VTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-5292? WARNING;
Unlicensed photompyingviolates U.S. mp ght laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and
can be reproduced without violation until the ate of expiration as noted below.
Electronic Format A201/CMa-1992
User Document: A201CMA.CON 21112000. AIA License Number 103449, which expires on 5/6/2000 - Page #29
7 I
maintained, unless otherwise pro'
Documents or otherwise agreed in w
entities who are beneficiaries of su
payment has been made as provide
until no person or entity other t
insurable interest in the property re
11.3 to be covered, whichever is ear
include interests of the Owner, the C
and Sub-subcontractors in the Work.
11.3.1.1 Property insurance
policy form and shall insure aga
eritended coverage and physical
without duplication of coverage,I
mischief, collapse, falsework, temp
removal including demolition occ
any applicable legal requirements,
compensation for Architect's serv
as a result of such insured loss. Co
not be required unless otherwise
Documents.
11.3.1.2 If the Owner does not
property insurance required by the 1
the coverages in the amount describe
so inform the Contractor in writing
of the Work. The Contractor may the
will protect the interests of the Cc
and Sub-subcontractors in the We
Change Order the cost thereof shall 1
If the Contractor is damaged by the
Owner to purchase or maintain insui
without so notifying the Contracto
bear all reasonable costs properly att
11.3.1.3 If the property insure
deductibles and such deductibles
Contract Documents, the Contract
covered because of such deductibles
increases the required minimum
amounts so identified or if the Own
insurance with voluntary deductible
be responsible for payment of the ad
because of such increased or volunta
ed in the Contract
ng by all persons and
insurance, until final
in Paragraph 9.10 or
the Owner has an
red by this Paragraph
r. This insurance shall
ractor. Subcontractors
be on an "all-risk"
the perils of fire and
or damage including,
vandalism, malicious
y buildings and debris
led by enforcement of
shall cover reasonable
and expenses required
ge for other perils shall
vided in the Contract
itend to purchase such
3ntract and with all of
above, the Owner shall
rior to commencement
effect insurance which
tractor, Subcontractors
(, and by appropriate
charged to the Owner.
ailure or neglect of the
ice as described above,
then the Owner shall
Dutable thereto.
ice requires minimum
are identified in the
r shall pay costs not
If the Owner or insurer
deductibles above the
r elects to purchase this
mounts, the Owner shall
itional costs not covered
/ deductibles.
or rented by the Contractor which are utilized in the
performance of the Work but not incorporated into the
permanent improvements. The Contractor shall, at the
Contractor's own expense, provide insurance coverage for
owned or rented machinery, tools or equipment which shall
be subject to the provisions of Subparagraph 11.3.7.
11.3.2 Boiler and Machinery Insurance. The Owner
shall purchase and maintain boiler and machinery insurance
required by the Contract Documents or by law, which shall
specifically cover such insured objects during installation and
until final acceptance by the Owner; this insurance shall
include interests of the Owner, Construction Manager,
Contractor, Subcontractors and Sub-subcontractors in the
Work, and the Owner and Contractor shall be named
insureds.
t
t
t
11.3.3 Loss of Use Insurance. The Owner, at the
Owners option, may purchase and maintain such insurance as
will insure the Owner against loss of use of the Owner's
property due to fire or other hazards, however caused. ,The
Owner waives all rights of action against the Contractor for
loss of use of the Owners property, including consequential
losses due to fire or other hazards however caused.
11.3.4 If the Contractor requests in writing that insurance
for risks other than those described herein or for other special
hn72rds be included in the property insurance policy, the
Owner shall, if possible, include such insurance, and the',cost
thereof shall be charged to the Contractor by appropriate
Change Order.
11.3.5 If during the Project construction period the Owner
insures properties, real or personal or both, adjoining or
adjacent to the site by property insurance under potties
separate from those insuring the Project, or if after final
payment property insurance is to be provided on the
completed Project through a policy or policies other than
those insuring the Project during the construction period, the
Owner shall waive all rights in accordance with the terms of
Subparagraph 11.3.7 for 'damages caused by fire or other
perils covered by this separate property insurance.' All
separate policies shall provide this waiver of subrogation by
endorsement or otherwise.
113.6 Before an exposure to loss may occur, the Owner
shall file with the Contractor a copy of each policy that
includes insurance coverages required by this Paragraph11.3.
Each policy shall contain all generally applicable conditions,
definitions, exclusions and endorsements related to this
Project. Each policy shall contain a provision that the policy
will not be canceled or allowed to expire until at least 30
days' prior written notice has been given to the Contractor.
11.3.1.4 Unless otherwise pro ided in the Contract
Documents, this property insurance shall cover portions of
the Work stored off the site after written approval of the
Owner at the value established in the approval, and also
portions of the Work in transit.
11.3.1.5 The insurance required ? y this Paragraph 11.3 is
not intended to cover machinery, tools or equipment owned
AIA DOCUMENT A201/CMa - GENER
. AIA ® - 01992 THE AMERICAN IN
Unlicensed pholocopyingviolates U.S. u
can be reproduced without violation until
User Document: A201CMA.CON
)NDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
rfE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHING-TON, D.C., 20006-5292 V WARNING;
it laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and
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11.3.7 Waivers of Subrogatio . The Owner and
Contractor waive all rights against ea h other and against the
Construction Manager, Architect, Owner's other Contractors
and own forces described in Article 6, if any,. and the
subcontractors, sub-subcontractors, consultants, agents and
employees of any of them, for damages caused by fire or
other perils to the extent covered by property insurance
obtained pursuant to this Paragraph 11.3 or other property
insurance applicable to the Work, a •ept such rights as the
Owner and Contractor may have to the proceeds of such
insurance held by the Owner as fiduciary. The Owner or
Contractor, as appropriate, shall require of the Construction
Manager, Construction Manager's consultants, Architect,
Architect's consultant--, Owner's separate contractors
described in Article 6, if any, a rd the subcontractors,
sub-subcontractors, agents and employees of any of them, by
appropriate agreements, written where legally required for
validity, similar waivers each in vor of other parties
enumerated herein. The policies shall provide such waivers of
subrogation by endorsement or otherwise. A waiver of
subrogation shall be effective as to a person or entity even
though that person or entity would otherwise have a duty of
indemnification, contractual or otherwise, did not pay the
insurance premium directly or indirectly, and whether or not
the person or entity had an insurable interest in the property
damaged.
11.3.8 A loss insured under Owne 's property insurance
shall be adjusted by the Owner as fiduciary and made payable
to the Owner as fiduciary for the insureds, as their interests
may appear, subject to requirements of any applicable
mortgagee clause and of Subpa graph 11.3.10. The
Contractor shall pay Subcontractors their just shares of
insurance proceeds received by the Contractor, and by
appropriate agreements, written wher legally required for
validity, shall require Subcontractors o make payments to
their Sub-subcontractors in similar man er.
11.3.9 If required in writing by a arty in interest, the
Owner as fiduciary shall, upon occurre ice of an insured loss,
give bond for proper performance of I] e Owner's duties. The
cost of required bonds shall be chat ed against proceeds
received as fiduciary. The Owner shall deposit in a separate
account proceeds so received, whi h the Owner shall
distribute in accordance with such agre ment as the parties in
interest may reach, or in accordance wi an arbitration award
in which case the procedure shall be as rovided in Paragraph
4.9. If after such loss no other specia agreement is made,
replacement of damaged property s all be covered by
appropriate Change Order.
11.3.10 The Owner as fiduciary shall ave power to adjust
and settle a loss with insurers unless ne of the parties in
interest shall object in writing within fide days
occurrence of loss to the Owner's exercise of this pow
such objection be made, arbitrators shall be chose
provided in Paragraph 4.9. The Owner as fiduciary sht
that case, make settlement with insurers in accordance
directions of such arbitrators. If distribution of insu
proceeds by arbitration is required, the arbitrators will i
such distribution.
11.3.11 Partial occupancy or use in accordance
Paragraph 9.9 shall not commence until the inset
company or companies providing property insurance
consented to such partial occupancy or use by endorseme
otherwise. The Owner and the Contractor shall
reasonable steps to obtain consent of the insurance com
or companies and shall, without mutual written consent,
no action with respect to partial occupancy or use that w
cause cancellation, lapse or reduction of insurance.
11.4 PERFORMANCE BOND AND PAYMENT
BOND
if
as
in
or
11.4.1 The Owner shall have the right to require the
Contractor to furnish bonds covering faithful performance of
the Contract and payment of obligations arising thereunder as
stipulated in bidding requirements or specifically require in
the Contract Documents on the date of execution of the
Contract.
11.4.2 Upon the request of any person or entity appe ing
to be a potential beneficiary of bonds covering paymen of
obligations arising under the Contract, the Contractor s all
promptly furnish a copy of the bonds or shall permit a cop to
be made.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 If a portion of the Work is covered contrary to he
Construction Manager's or Architect's request or to
requirements specifically expressed in the Contr act
Documents, it must, if required in writing by either, be
uncovered for their observation and be replaced at he
Contractor's expense without change in the Contract Time.
12.1.2 If a portion of the Work has been covered which
Construction Manager or Architect has not specific
requested to observe prior to its being covered,
Construction Manager or Architect may request to see s
Work and it shall be uncovered by the Contractor. If s
Work is in accordance with the Contract Documents, cost
uncovering and replacement shall, by appropriate Chai
AIA DOCUMENT A201/CMa - GENERAL CO ITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EIT] N
- AIA 41) - 01992 THE AMERICAN INSTI OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006.5292 V WAR)
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Order, be charged to the Owner. If such Work is not in and damages that should have been bome by the Contractor,
accordance with the Contract Docu ments, the Contractor including compensation for the Construction Manager's and
shall pay such costs unless the Condit on was caused by the Architect's services and expenses made necessary thereby. If
Owner or one of the other Contract in which event the such proceeds of sale do not cover costs which the Contractor
Owner shall be responsible for payment : of such costs. should have bome, the Contract Sum shall be reduced by the
deficiency. If payments then or thereafter due the Contractor
12.2 CORRECTION OF WORK are not sufficient to cover such amount, the Contractor shall
pay the difference to the Owner.
12.2.1 The Contractor shall prompt) correct Work rejected
by the Construction Manager or A rchitect or failing to 12,2,6 The Contractor shall bear the cost of correcting
conform to the requirements of the Contract Documents, destroyed or damaged construction, whether completed or
whether observed before or after Sub antial Completion and partially completed, of the Owner or other Contractors caused
whether or not fabricated, installe or completed. The by the Contractor's correction or removal of Work which is
Contractor shall bear costs of correcti g such rejected Work, not in accordance with the requirements of the Contract `
including additional testing an J inspections and Documents.
compensation for the Construction M nagers and Architect's
services and expenses made necessary hereby. 12.2.6 Nothing contained in this Paragraph 12.2 shall be '
construed to establish a period of limitation with respect to
12.2.2 If, within one year after th e date of Substantial other obligations which the Contractor might have underhthe
Completion of the Work or designa ed portion thereof, or Contract Documents. Establishment of the time period ofbne
after the date for. commencement o warranties established year as described in Subparagraph 12.2.2 relates only tol the
under Subparagraph 9.9.1, or by t a rms of an applicable land
ation of the Contractor to correct the Work
ecific obli
s
special warranty required by the Cont act Documents, any of ,
g
p
has no relationship to the time within which the obligation to
the Work is found to be not in accordance with the comply with the Contract Documents may be sought to be
requirements of the Contract Docume its, the Contractor shall nor to the time within which proceedings ma be
enforced
correct it promptly after receipt of w ritten notice from the ,
commenced to establish the Contractors liability with res ect
Owner to do so unless the Owner hi s previously given the to the Contractor's obligations other than specifically to
Contractor a written acceptance o such condition. This correct the Work.
period of one year shall be extended ith respect to portions
of Work first performed after Substan tial Completion by the 12,3 ACCEPTANCE OF NONCONFORMING
period of time between Substantial C pletion and the actual WORK
performance of the Work. This obligation under this
Subparagraph 12.2.2 shall survive ac ceptance of the Work 12.3.1 If the Owner prefers to accept Work which is not in
under the Contract and termination of the Contract. The accordance with the requirements of the Contract Documents,
Owner shall give such notice prompt after discovery of the the Owner may do so instead of requiring its'removalj and
condition. correction, in which case the Contract Sum will be reduced as
appropriate and equitable. Such adjustment shall be effected
12.2.3 The Contractor shall remov from the site portions whether or not final payment has been made.
of the Work which are not in accordance with the
requirements of the Contract Docu ments and are neither
corrected by the Contractor nor accept ed by the Owner.
ARTICLE 13
12.2.4 If the Contractor fails to correct nonconforming MISCELLANEOUS PROVISIONS
Work within a reasonable time, the Owner may correct it in
accordance with Paragraph 2.4. If t e Contractor does not 13.1 GOVERNING LAW
proceed with correction of such non nforming Work within 13.1.1 The Contract shall be governed by the law of the
a reasonable time fixed by written n otice from the Architect place where the Project is located.
issued through the Construction Ma nager, the Owner may
remove it and store the salvable mate ials or equipment at the 13.2 SUCCESSORS AND ASSIGNS
Contractor's expense. If the Contract or does not pay costs of
such removal and storage within ten ( lays after written notice, 13.2.1 The Owner and Contractor respectively bind
the Owner may upon ten additional ays' written notice sell themselves, their partners, successors, assigns and ilegal
such materials and equipment at auct on or at private sale and representatives to the other patty hereto and to partners,
shall account for the proceeds there f, after deducting costs successors, assigns and legal representatives of such other
AIA DOCUMENT A20 VCMa - GENERAL ONDMONS OF THE CONTRAC T FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
- AIA ® - 019,92 THE AMERICAN INS OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHING-TON, D.C., 20006-5292 f WA G,
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party in respect to covenants, a greements and obligations Manager and Architect will, upon written authorization from
contained in the Contract Docum ents. Neither party to the the Owner, instruct the Contractor to make arrangements for
Contract shall assign the Contract as a whole without written such additional testing, inspection or approval by an entity
consent of the other. If either pa attempts to make such an acceptable to the Owner, and the Contractor shall give timely
assignment without such consent at party shall nevertheless notice to the Construction Manager and Architect of when
remain legally responsible for all obligations under the and where tests and inspections are to be made so the
Contract. Construction Manager and Architect may observe such
procedures. The Owner shall bear such costs except as
13.3 WRITTEN NOTICE provided in Subparagraph 13.5.3.
13.3.1 Written notice shall be d eemed to have been duly 13.5.3 If such procedures for testing, inspection or approval
served if delivered in person to th individual or a member of under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the
the firm or entity or to an officer the corporation for which portions of the Work to comply with requirements established
it was intended or if delivered a t or sent by registered or by the Contract Documents, the Contractor shall bear all costs
certified mail to the last business ddress known to the party made necessary by such failure including those of repeated
giving notice. procedures and compensation for the Construction Manager's
and Architect's services and expenses
13.4 RIGHTS AND REMED S .
13.4.1 Duties and obligations mposed by the Contract 13.5.4 Required certificates of testing, inspection or
Documents and rights and remedi available thereunder shall approval shall, unless otherwise required by the Contract
be in addition to and not a limi ion of duties, obligations, Documents, be secured by the Contractor and promptly
rights and remedies otherwise imp sed or available by law. delivered to the Construction Manager for transmittal to the
1 Architect.
13.4.2 No action or failure to act by the Owner, 13.5.5 If the Construction Manager or Architect is to
Construction Manager, Archit ct or Contractor shall observe tests, inspections or approvals required by the
constitute a waiver of a right or d ty afforded them under the Contract Documents, the Construction Manager or Architect
Contract, nor shall such action o r failure to act constitute will do so promptly and, where practicable, at the normal
approval of or acquiescence in a b each thereunder, except as place of testing.
may be specifically agreed in writi g.
13.5.6 Tests or inspections conducted pursuant to the
13.5 TESTS AND INSPECT ONS Contract Documents shall be made promptly to avoid
unreasonable delay in the Work.
13.5.1 Tests, inspections and a provals of portions of the
Work required by the Contract Documents or by laws, 13.6 INTEREST
ordinances, rules, regulations or o rders of public authorities
having jurisdiction shall be mac e at an appropriate time. 13.6.1 Payments due and unpaid under the Contract
I Unless otherwise provided, th Contractor shall make Documents shall bear interest from the date payment is due at
arrangements for such tests, inspe ctions and approvals with such rate as the parties may agree upon in writing or, in the
an independent testing laboratory or entity acceptable to the absence thereof, at the legal rate prevailing from time to time
Owner, or with the appropriate ublic authority, and shall at the place where the Project is located.
bear all related costs of tests, ins ctions and approvals. The
Contractor shall give the Construe ion Manager and Architect 13.7 COMMENCEMENT
OF STATUTORY
OMMENCMENCEMENT
timely notice of when and where ests and inspections are to M
PERIOD
be made so the Construction M ager and Architect may 13,7,1 As between the Owner and Contractor:
observe such procedures. The O er shall bear costs of tests,
inspections or approvals which d
until after bids are received or neg not become requirements
tiations concluded. .1 Before Substantial Completion. As to acts or
failures to act occurring prior to the relevant date of
Substantial Completion, any applicable statute of
limitations shall commence to run and any, alleged
13.5.2 If the Construction Man ager, Architect, Owner or cause of action shall be deemed to have accrued in
public authorities having jurisdi on determine that portions any and all events not later than such date of
of the Work require additional tea ' g, inspection or approval Substantial Completion;
not included under Subparagrap 13.5.1, the Construction
- AIA DOCUMENT A201/Ma - GENE L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER
EDITION
- AIA 0 - 01992 THE AMERICAN IN ?
ITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-52924 WARNING;
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.2 Between Substantial C mpletion and Final in the aggregate more than 100 percent of the total
Certificate for Payment. As to acts or failures number of days scheduled for completion, or 120
to act occurring subsequent to the relevant date of days in any 365-day period, whichever is less; or
Substantial Completion and prior to issuance of the
final Certificate for Paymen any applicable statute .5 the Owner has failed to furnish to the Contractor
of limitations shall comm nce to run and any promptly, upon the Contractor's request, reasonable
alleged cause of action sha ll be deemed to have evidence as required by Subparagraph 2.2.1.
accrued in any and all event i not later than the date
of issuance of the final Certi icate for Payment; and 14.1.2 If one of the above reasons exists, the Contractor
may, upon seven additional days' written notice to the Owner,
.3 After Final Certificate fo Payment. As to acts Construction Manager and Architect, terminate the Contract
or failures to act occurring a er the relevant date of and recover from the Owner payment for Work executed and
issuance of the final Certi ate for Payment, any for proven loss with respect to materials, equipment, tools,
applicable statute of limitati ns shall commence to and construction equipment and machinery, including
run and any alleged cause o action shall be deemed reasonable overhead, profit and damages.
to have accrued in any and all events not later than
the date of any act or failure to act by the Contractor
pursuant to any warranty pro vided under Paragraph 14.1.3 If the Work is stopped for a period of 60 days
3.5, the date of any correctio of the Work or failure through no act or fault of the Contractor or a Subcontractor or
to correct the Work by the Contractor under their agents or employees or any other persons performing
Paragraph 12.2, or the date f actual commission of portions of the Work under contract with the Contractor
any other act or failure t perform any duty or because the Owner has persistently failed to fulfill'' the
obligation by the Contracto or Owner, whichever Owner's obligations under the Contract Documents with
occurs last. respect to matters important to the progress of the Work, the
Contractor may, upon seven additional days' written notice to
the Owner, Construction Manager and Architect, terminate
ARTICLE 1 the Contract and recover from the Owner as provided in
TERMINATION OR SU PENSION Subparagraph 14.1.2.
OF THE CONT CT 14.2 TERMINATION BY THE OWNER FOR
14.1 TERMINATION BY THE ONTRACTOR CAUSE
14.1.1 The Contract may termin a the Contract if the
Work is stopped for a period of 30 days through no act or
fault of the Contractor or a Subcontr, ctor, Sub-subcontractor
or their agents or employees or any her persons performing
portions of the Work under contract with the Contractor, for
any of the following reasons:
.1 issuance of an order of court or other public
authority having jurisdiction
.2 an act of government, such as a declaration of
national emergency, making material unavailable;
.3 because the Construction Manager or Architect has
not issued a Certificate fo Payment and has not
notified the Contractor of th reason for withholding
certification as provided in Subparagraph 9.4.2, or
because the Owner has n it made payment on a
Certificate for Payment wi in the time stated in the
Contract Documents;
A if repeated suspensions, delays or interruptions by
the Owner as described in aragraph 14.3 constitute
14.2.1 The Owner may terminate the Contract if the
Contractor:
.1 persistently or repeatedly refuses or fails to supply
enough properly skilled workers or proper materials;
.2 fails to make payment to Subcontractors for
materials or labor. in accordance with the respective
agreements between the Contractor and the
Subcontractors;
.3 persistently disregards laws, ordinances, or rules,
regulations or orders of a public authority having
jurisdiction; or
.4 otherwise is guilty of substantial breach of a
provision of the Contract Documents.
14.2.2 When any of the above reasons exist, the Owner,
after consultation with the Construction Manager, and upon
certification by the Architect that sufficient cause exists to
justify such action, may without prejudice to any other rights
AIA DOCUMENT A201/CMa -GENERAL 0NDI7'[ONS OF THE CONTRACT FOR CONSTRUCTION -CONSTRUCTION MANAGER-ADVISER ED ON
- AIA ® - 01992 THE AMERICAN rNST UTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 2000652924 W ING;
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or remedies of the Owner.and after g ving the Contractor and consultation with the Construction. Manager, and this
the Contractor's surety, if any, seve
terminate employment of the Contrac n days' written notice,
tor and may, subject to obligation for payment shall survive termination of the
Contract.
any prior rights of the surety:
14.3 SUSPENSION BY THE OWNER FOR
1 take possession of the site and of all materials, CONVENIENCE
equipment, tools, and con ction equipment and
machinery thereon owned b the Contractor; 14.3.1 The Owner may, without cause, order the Contractor
in writing to suspend, delay or interrupt the Work in whole or
2 accept assignment of su bcontracts pursuant to in part for such period of time as the Owner may determine.
Paragraph 5.4; and
3 finish the Work by whateve r reasonable method the 14.3.2 An adjustment shall be made for increases in the cost
Owner may deem expedient of performance of the Contract, including profit on the
increased cost of performance, caused by suspension, delay
14.2.3 When the Owner terminate the Contract for one of or interruption. No adjustment shall be made to the extent:
the reasons stated in Subparagraph 14.2.1, the Contractor
.1 that performance is, was or would have been so
shall not be entitled to receive furthe payment until the Work suspended, delayed or interrupted by another cause
is finished. for which the Contractor is responsible; or
14.2.4 If the unpaid balance of th Contract Sum exceeds
.2 that an equitable adjustment is made or denied tinder
costs of finishing the Work, includi g compensation for the
Construction Managers and Architec t's services and expenses another provision of this Contract.
made necessary thereby, such exce ss shall be paid to the 14.3.3 Adjustments made in the cost of performance! may
Contractor. If such costs exceed a unpaid balance, the
have a mutually agreed fixed or percentage fee.
_ Contractor shall pay the difference t the Owner. The amount
to be paid to the Contractor or Ow er, as the case may be,
shall, upon application, be certifie by the Architect after
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AIA DOCUMENT A201/CMa -GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION
- AIA 0 - 01992 THE AMERICAN INS OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-5292 Y WARNING;
A
Unlicensed photocopyingviolates U.S. copy ight laws and is subject to legal prose IA and
cution. This document was electronically produced with permission of the
can be reproduced without violation until the date of expiration as noted below.
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RENOVATIONS AND ADDI TIONS TO T HE EAST PENNSBORO AREA HIGH SCHOOL - #9901
DOCUMENT 00800
SUPPLEM NTARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
The Supplementary C nditions contain modification of and additions to AIA Document A201/CMa
"General Conditions f the Contract for Construction", 1992 Edition.
TABL E OF ARTICLES
MODIFICATION OF THE GEN ERAL COND ITIONS
Addition of Subparag aph 1.2.6 Execution, Correlation and Intent
Addition of Subpara aph 1.2.7 Execution, Correlation and Intent
Addition of Subparag aph 1.2.8 Execution, Correlation and Intent
Addition of Subparag aph 1.2.9 Execution, Correlation and Intent
Addition of Subparag aph 1.2.10 Execution, Correlation and Intent
Addition of Subparag aph 1.3.2 Ownership and Use of Architect's Drawings,
Specifications and Other Documents
Deletion of Subparag ph 2.1.2 Information and Services Required of the Owner
Deletion of Subparag ph 2.2.1 Information and Services Required of the Owner
Modification of Subp ragraph 2.2.2 Information and Services Required of the Owner
Modification of Subp ragraph 2.3.1 Owner's Right to Stop the Work
Modification of Subp ragraph 2.4.1 Owner's Right to Carry Out the Work
Addition of Subparag aph 2.5.1 Additional Rights
Modification of Subp ragraph 3.2.1 Review of Contract Documents and Field Conditions by
Contractor
Addition of Subparag aph 3.3.5 Supervision and Construction Procedures
Addition of Subparag aph 3.3.6 Supervision and Construction Procedures
Addition of Subparag aph 3.4.1.1 Labor and Materials
Modification to Parag raph 3.7 .2 Permits, Fees and Notices
Deletion of Subparag aph 3.8.1 Allowances
Deletion of Subparag aph 3.8.2 Allowances
Addition of Subparag aph 3.9.2 Superintendent
Addition of Subparag aph 3.9.3 Superintendent
Addition of Subparag aph 3.10.5 Contractors' Construction Schedule
Addition of Subparag aph 3.10.6 Contractors' Construction Schedule
Addition of Subparag aph 3.12.12 Shop Drawings, Product Data and Samples
Addition of Subparag aph 3.12.13 Shop Drawings, Product Data and Samples
Addition of Subparag aph 3.13.2 Use of the Site
Addition of Subparag aph 3.13.3 Use of the Site
Addition of Subparag aph 3.13.4 Use of the Site
Addition of Subparag aph 3.14.3 Cutting and Patching
Modification of Subp aragraph 3.15.2 Cleaning Up
Modification of Subp ragraph 3.18.1 Indemnification
Modification of Subp ragraph 4.4 Construction Manager
Modification of Subp ragraph 4.5 Construction Manager
Modification of Subp ragraph 4.6.3.1 Administration of the Contract
Modification of Subp ragraph 4.6.4.1 Administration of the Contract
Modification of Subp ragraph 4.6.4.2 Administration of the Contract
Modification of Subp ragraph 4.6.4.3 Administration of the Contract
Modification of Subp ragraph 4.7.2 Claims and Disputes
SUPPLEMENTA Y CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 1
I'.
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l D ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - 49901
RENOVATIONS A
Modification of Subpar Ia graph 4.7.4 Claims and Disputes
Modification of Subpara graph 4.7.6 Claims and Disputes
Modification of Subpara graph 4.8.4 Resolution of Claims and Disputes
Modification of Paragra ph 4.9 Arbitration
Deletion of Subparagrap h 5.2.3 Award of Subcontracts and Other Contracts for Portions
of the Work
Addition of Subparagra h 5.3.2 Subcontractural Relationships
Deletion of Subparagrap h 5.4.2 Contingent Assignment of Subcontractors
Addition of Subparagra h 6.2.7 Mutual Responsibility
Modification of Subpar
Addition of Subparagra graph
h 7.2.2
7.3.6.1.1 Changes Orders
Construction Change Directives
Addition of Subparagra h 7.3.6.2.1 Construction Change Directives
Modification of Subpar
Modification of Subpar graph
graph 7.3.6.4
7.3.6.5 Construction Change Directives
Construction Change Directives
Modification of Subpar graph 8.3.1 Delays and Extensions of Time
Addition of Subparagra
Modification of Subpar h
graph 9.2.2
9.3.1 Schedule of Values
Applications for Payment
Addition of Subparagra h 9.3.4 Applications for Payment
Addition of Subparagra ph 9.4.4 Certificates for Payment
Addition of Subparagra h 9.4.5 Certificates for Payment (Retainage)
Addition of Subparagr h 9.4.6 Certificates for Payment (Retainage)
Addition of Subparagr h 9.4.7 Certificates for Payment (Retainage)
Addition of Subparagr h 9.4.8 Certificates for Payment (Retainage)
Addition of Subparagr h 9.5.1.8 Decision to Withhold Payment
Addition of Subparagr h 9.5.1.9 Decision to Withhold Payment
Modification of Subpar agraph 9.6.2 Progress Payments
Modify Subparagraph 9.7.1 Failure of Payment
Addition of Subparagr h 9.7.2 Failure of Payment
Addition to Subparagra ph 9.8.1 Substantial Completion
Addition of Subparagr ph 9.8.2.1 Substantial Completion
Addition of Subparagr ph 9.8.3.1 Substantial Completion
Addition of Subparagr ph 9.8.4 Substantial Completion (Liquidated Damages)
Modification of Subpa graph 9.10.3 Final Completion and Final Payment
Addition of Subparagr ph 9.10.5 Final Completion and Final Payment
Modification of Subpa agraph 10.1.1 Safety Precautions and Programs
Modification of Subpa agraph 10.1.2 Safety Precautions and Programs
Modification of Subpa agraph 10.1.5 Safety Precautions and Programs (Asbestos)
Addition of Subparagr ph 10.4.1 Safety Precautions and Programs (Indemnity)
Addition of Subparagr ph 11.1.4 Contractors Liability Insurance
Addition of Subparagr ph 11.1.5 Contractors Liability Insurance
Addition of Subparagr
Modification of Subpa ph
agraph 11.1.6
11.3.1 Contractors Liability Insurance
Property Insurance
Modification of Subpa agraph 11.3.1.3 Property Insurance
Deletion of Subparagr h 11.3.5
Deletion of Subparagr ph 11.3.6
Deletion of Subparagr ph 11.3.9
Modification of Subpa agraph 11.3.10
Deletion of Subparagr ph 11.3.11
Addition of Subparagr ph 11.3.12 Property Insurance
Addition of Subparagr ph 12.2.1 Correction of Work
Modification of Subpa agraph 12.2.2 Correction of Work
SUPPLEMENTAR Y CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 2
I
I
I
I
I
i
i
1
a
A
RENOVATIONS
Modification of Sub[
Modification of Sub[
Modification of Sub[
Modification of Sub[
Addition of Subpara[
Modification of Sub[
ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - #9901
>h 13.5 Tests and Inspections
iph 14.2.1.1 Termination by the Owner for Cause
iph 14.2.1.3 Termination by the Owner for Cause
Kph 14.2.1.4 Termination by the Owner for Cause
14.2.1.5 Termination by the Owner for Cause
[ph 14.2.2 Termination by the Owner for Cause
e CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 3
RENOVATIONS A D ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - 49901
PARAGRAPH 1.2 EX -CUTION, CORRELATION N f
Add the following Para raphs as set forth below:
1.2.6 The Dravvi gs are generally diagrammatic and indicative of the work to be installed. Exact ¦
locations o equipment and points of termination shall be approved by the Architect. Should
it be found that any system or equipment cannot be installed as shown on the Drawings, the
Architects all be consulted before installing or making changes to layout.
1.2.7 The Drawin gs and Specifications are intended to function as a common set of documents.
Anything s hown on the Drawings but not in the Specifications, or mentioned in the
Specificatio ns and not shown on the Drawings, shall be equally binding as if both noted on
the Drawin s and called for in the Specifications.
1.2.8 No measure ment of a Drawing by scale shall be used as a working dimension. Working
measureme nts shall be taken from figured dimensions.
1.2.9 All Contrac tors shall carefully examine the Drawings and Specifications. If any
discrepanci es occur between the Drawings or between the Drawings and Specifications, he
shall repo such discrepancies to the Architect in writing and obtain written instructions as to
the manner in which to proceed. No departures from the Contract Documents shall be made
without pri r written approval of the Architect.
1.2.10 Any discre ancies shall be reported at least ten (10) days prior to submission of bid. In the
event that uch discrepancies are not reported and a difference in quantity or quality is
concerned. then, the Architect will make the selection, based on his sole judgement. No
additional ompensation or extension of time will be allowed.
PARAGRAPH 1.3 'N R IP AND USE F DOCUMENTS
Add Subparagraph 1.3. as set forth below:
1.3.2 Contractor with whom the Owner shall enter into a Contract shall be entitled to receive
without cha rge the following number of sets of Contract Documents:
Genera I Trades: 7 sets. r
Plumbi ng, HVAC, and Electrical: 5 sets.
All of r Prime Contracts: 3 sets.
Additional sets of the Contract Documents or any parts thereof may be procured from the
Architect on payment as described in the Invitation to Bid.
PARAGRAPH 2.1
Delete Subparagraph 2 1.2 in its entirety. `
PARAGRAPH 2.2 M7ORMATION AND SERVICES REQUIRED OF THE OWNER
r
Delete Subparagraph 2 2.1 in its entirety.
Modify Subparagraph.2.2 as follows: I
SUPPLEMENTA Y CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 4 1
RENOVATIONS A ND ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - #9901
12.2 The Owner sha
characteristics ll not be responsible for furnishing surveys or other information as to the physical
of the Project site or utility locations for the Project site. Contractor shall confirm
the location o each utility. The Contractor shall have no claims for surface or subsurface
conditions, wh ether unforeseen, foreseen or foreseeable. The Contractor shall exercise special
care in executi g subsurface work in proximity of subsurface utilities, improvements and
easements.
Modify Subparagraph
Delete the woi
thereof "Upon
PARAGRAPH 2.3 QV'
Modify Subparagraph
?.2.4 as follows:
J "Information" at the beginning of Subparagraph 2.2.4 and substitute in lieu
receipt of a written request therefor from Contractor, information..."
NER'S RIGHT TO STOP THE WORK
>-.3.1 as follows:
Delete the wo "persistently" in the first sentence of Subparagraph 2.3.1.
PARAGRAPH 2.4 RIGHT QVNER'S CARRY OUT THE W
1 Modify Subparagraph .4.1 as follows: Delete the first two sentences of Subparagraph 2.4.1 and
substitute the following in lieu thereof:
If the Contract :)r defaults or neglects to carry out the Work in accordance with the Contract
Documents an fails within a seven-day period after receipt of written notice from the Owner to
commence an continue correction of such default or neglect with diligence and promptness, the
i
Owner may, w thout prejudice to other remedies the Owner may have, commence and continue
to carry out the Work.
Add a new Paragraph .5 as follows:
PARAGRAPH2.5 AD DITIONAL RIGHTS
2.5.1 Owner's rights set forth in subparagraphs 2.3.1 and 2.4.1 shall be in addition to and not in
limitation of a y other rights of the Owner granted in the Contract Documents or at law or in
' equity.
PARAGRAPH 3.2 W F CONTRACT DOCUMENTS Y
' CONTRACTOR
Modify Subparagraph .2.1 as follows:
Contractor wa ants that it has carefully studied and reviewed the Contract Documents and that is
has reported an y errors, inconsistencies or omissions to the Construction Manager or Architect.
The Contracto hereby acknowledges and declares that to its knowledge the Contract Documents
are full and co plete, are sufficient to have enabled it to determine the cost of the Work and to
fulfill all of its obligations under the Contract Documents. If the Contractor encounters an
j inconsistency n the construction documents, he shall immediately submit it to the Construction
Manager and A rchitect for resolution, said resolution to be based on functional requirements. In
addition, if the Contractor performs any construction activity knowing or having reason to know
that it involve a recognized error, inconsistency or omission in the Contract Documents, the
Contractor sha I be responsible for such performance and shall bear the costs for correction.
SUPPLEMENTA Y CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 5
RENOVATIONS A D ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL -49901
PARAGRAPH 3.3. P FRVI SION' AND CONSTRUCTION PROCEDURES
Add Subparagraph 3.3.5 as set forth below:
3.3.5 Measurements - Before ordering any material or doing any work, the Contractor shall verify all
measurements a d shall be responsible for the correctness of same. No extra charge or
compensation II be allowed on account of difference between actual dimensions and the
measurements i dicated on the drawings; any difference which may be found shall be submitted
to the Architect or consideration before proceeding with the work.
'
Add the following prov ion as a new Subparagraph 3.3.6:
3.3.6 If any of the Wo rk is required to be inspected or approved by any public authority, the Contractor
shall cause such inspection or approval to be performed. No inspection performed or failed to be
performed shall be a waiver of any of the Contractor's obligations hereunder or be construed as
an approval or cceptance of the Work or any part thereof.
PARAGRAPH 3.4 A OR AN MATERIALS
Add Subparagraph 3.4. .l as set forth below: t
1 Contractor is r uired to pay and is to require any subcontractor to pay each employee engaged
on the Project of less than the hourly rates prescribed in the Prevailing Minimum Wage
Determination ssued by the Secretary of Labor and Industry of the Commonwealth of
Pennsylvania.
PARAGRAPH 3.7 FEES AN12 NOTICES
Add Subparagraph 3.7..1 as set forth below: r
.l The General T des Contractor shall obtain the following permits which the Owner will pay for.
Building ermit and Sanitary Sewer Connection (Tap-In) Permit.
All remaining fees, licenses, and permits shall be obtained and paid for by the Prime Contractor
requiring them to complete their Work. t
Add the following to P ragraph 3.7.2: `
Without limiti g the generality of the foregoing, Contractor shall comply with all governmental
requirements applicable to the Work, including without limitation those included in Specification
Section 01410 Regulatory Requirements.
PARAGRAPH 3.8 J W
Delete Subpar graph 3.8.1 and 3.8.2 in their entirety. There shall be no cash allowances of any
kind regarding the Project.
CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 6 1
i
i
RENOVATIONS
PARAGRAPH 3.9
Add Subparagraph 3.9
3.9.2 Contractors sh
of their superii
references. Tt
all respects. T
to dismiss fror
Architect or C
satisfactory to
ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL.- Il9901
as set forth below:
I, within ten (10) days after signing the Contract, submit the names and resumes
endents. This will include previous work experience, qualifications and
superintendent shall be satisfactory to the Architect and Construction Manager in
e Architect and Construction Manager shall have the right to require Contractor
the Project any superintendent whose performance is not satisfactory to the
tstruction Manager, and to replace such superintendent with a superintendent
to Architect and Construction Manager. The Contractor shall not replace the
vithout the prior written consent of the Architect and Construction Manager.
Add Subparagraph 3.9.p as set forth below:
3.9.3 If during the c n urse of the Project it is evident that the Superintendent is not competent or is not
managing the rogress of the Project or is not coordinating the various trades under the Trade
Contractor's s ervision, then the Construction Manager will document such findings to the
Trade Contrac or. If within five (5) days of receiving such notice no substantial effort or
correction of t e findings is made, then the Construction Manager may require the replacement of
the Superinten lent with an acceptable Superintendent.
PARAGRAPH 3.10
Add Subparagraph 3 10.5 as set forth below:
An updated Pr ject Schedule shall be submitted with each monthly application for payment.
Add Subparagraph 3.10.6 as set forth below: I
The Project S edule and each monthly update shall contain the following statement and the
signature of e h Prime Contractor: "Our company understands that the meeting of the milestone
dates listed in his schedule is critical to maintaining the Project Schedule and meeting the
Substantial C pletion Date of each Phase. In signing this schedule our company agrees to this
schedule and rther agrees to dedicate whatever resources that are required to complete the work
of our Contra in order to meet these dates." Persons signing the Progress Schedule shall be the
same party as xecuted the Owner/Contractor Agreement or an individual authorized to commit
the Contractor 's resources to the schedule.
PARAGRAPH 3.12 P DRAWINGS SAMPLES
h b
l
f
h
Add the following Su ow:
e
s as set
ort
paragrap
3.12.12 Reproduction of Contract Documents are acceptable as Shop Drawings only when specifically
authorized in writing by the Architect. If approval to reproduce Contract Documents is given the
Architect's an Engineers', seals, and title block shall removed prior to reproduction.
i
'
A l St
tect
s
3.12.13 Arch
p amp
prova
A. Drawings which are incorrect but do not require further review will be returned to the
Contracto bearing the Architect's stamp, "Approved as Corrected".
SUPPLEMENTAy Y CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 7
RENOVATIONS A D ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - 49901
B. Drawings w ich are incorrect and require further review will be returned to the Contractor
bearing the rchitect's stamp, "Revise and Resubmit".
C. Drawings w ich are incomplete will be returned to the Contractor bearing the Architect's
stamp, "Not Approved".
PARAGRAPH 3.13 US ? OF HE SITE
Add the following Suba agraphs to 3.13 as set forth below
3.13.2 Reference point : Immediately upon occupancy of the project site for the purpose of beginning
the work, the Co ntractor shall locate all general reference points, bench marks, etc., and take such
action as may b necessary to prevent damage or destruction to such points.
3.13.3 Verification of Dimensions: Verify all site dimensions, building layout dimensions, setbacks,
etc., shown on a Drawings before laying out the work. Notify the Architect in writing of any
error or discrep nc) found and do not proceed until error or discrepancy is resolved. The
Contractor will be responsible for any work which is done in error because of failure to verify
dimensions.
.3.13.4 Layout: The C ontractor shall lay out all work and be responsible for all lines, levels, grades.
elevations and
uired under
re easurements of building, grading, paving, walks, utilities and other work
his contract
q .
PARAGRAPH 3.14 TIN N PATCHING F VA
Add Subparagraph 3.1 .3 as set forth below.
3.14.3 A Contractor,
' bcontractor, or sub-subcontractor requiring the cutting of openings in new work
atched by the trade which installed the work
s cut and
enin
h
h
ll h
installed b)
oth p
g
ave suc
op
a
ers s
and such cuttin and patching shall be at the expense of the Contractor, subcontractor or
sub-subcontrac or requiring the opening. Approval to do such cutting and patching shall be
received from a Architect prior to proceeding with the work and shall include installation of r
such reinforce ent of the work as the Architect may direct. All blocking, bracing,
reinforcement, r structural enhancement required due to cutting and patching shall be provided
at no additiona cost to Owner. All patching work shall match adjacent existing work unless
otherwise note .
PARAGRAPH 3.15 CJ EANING UP
Modify Subparagraph .15.2 as follows:
3.15.2 If the Contract )r fails to cleanup as provided in the Contract Documents, the cost thereof shall be
charged to the Contractor. `
[
PARAGRAPH 3.18
Add the following to S ubparagraph 3.18.1:
The Contractor shall indemnify and hold harmless the Owner against any assertion of claims for
mechanics' lie s by Subcontractors, Sub-subcontractors or material suppliers and against any
assertion of se curity interests by suppliers of goods or materials.
SUPPLEMENTA Y CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 8
.? RENOVATIONS A ND ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - #9901
No provision o this Subparagraph shall give rise to any duties on the part of the Architect or the
1 Construction M anager not otherwise provided for by contract or by law.
In the event tha any party is requested but refuses to honor the indemnity obligations hereunder.
then the party r fusing to honor such requests shall, in addition to all other obligations, pay the
cost of bringin any such action, including attorney's fees to the part requesting indemnity.
PARAGRAPH 4.2
Modify Subparagraph 4 as set forth below:
4.4 In case of terminati on of the employment of the Architect and/or Construction Manager, the Owner
shall appoint anoth r Architect or Construction Manager whose status under the Contract Documents
j
1 shall be that of the rmer Architect or Construction Manager.
Modify Subparagraph 4 5 as set forth below:
4.5 Replace the sword " rbitration" with "litigation".
PARAGRAPH 4.6. IN] TSTRATION OF THE CONTRAC
Add Subparagraph 4.6. 11 as set forth below:
.1 The Constructio n Manager is responsible for making all coordination decisions not mutually
agreed to by the affected Prime Contractors.
Add Subparagraph .6.4.1 as set forth below:
? The Constructs n Manager may request Prime Contractors to supply at no cost to the Owner;
additional force . equipment. tools and materials or to increase working hours or increase the
number of wor ing days per week in order to keep up with the Progress Schedule.
Add Subparagraph 1.6.4.2 as set forth below:
.1 Disputes beme n the Prime Contractors pertaining to the creation of the Progress Schedule, the
furnishing of ad itional resources to meet the schedule, and job coordination shall be submitted
promptly to the Construction Manager. The Construction Manager's decision shall be observed,
accepted, and fully followed by all Prime Contractors and their subcontractors on the Project
subject only tot the commencement of litigation proceedings.
Add Subparagraph 1.6.4.3 as set forth below:
3 The progress of?he Work in accordance with the Construction Manager's decision shall not be
delayed pendin litigation proceeding.
4 The damage reedy provided in favor of the Prime Contractor pursuant to litigation shall be the
exclusive reme for disputes between the Contractors. The Prime Contractors shall have no
right of action a ainst the Owner, Construction Manager, or Architect.
SUPPLEMENTARI CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 9
RENOVATIONS AN
PARAGRAPH 4.7
CLAI D ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - #9901
DISPUTES
MS AND t
Modify Subparagraph 4. .2 as set forth below:
"
"
"
"
4.7.2 Replace the wor with
in the second and third sentences.
litigation
arbitration
Modify Subparagraph 4. V.4 as set forth below:
4.7.4 Replace the wor "arbitration" with "litigation".
Modify Subparagraph 4. .6 as follows:
4.7.6 If there are any ccurrences, or if the Contractor encounters conditions, which the Contractor
believes entitle i to an adjustment in the Contract Sum or Contract Time, then the Contractor
shall immediatel y (and not later than seven days after becoming aware of such occurrences or
conditions) give notice thereof to the Architect. The Architect shall promptly investigate such
occurrences or c onditions and make a recommendation. Claims by the Owner or Contractor in
opposition to the Architect's recommendation must be made within 21 days after the Architect
has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in
the Contract Su or Contract Time, the adjustment shall be referred to the Architect for initial
determination, s bject to further proceedings pursuant to Paragraph 4.8.
PARAGRAPH 4.8 RES OLUTION F CLAIMS AND DISPUTES
Modify Subparagraph 4 , 8.4 as follows:
"
4.8.4 Replace the wo "arbitration" with "litigations
.
PARAGRAPH 4.9 1TRAT1 N
DELETE ALL REFERE NCES TO ARBITRATION: This Project will not be subject to arbitration.
Delete Paragraphs 4.9.1 4.9.2, 4.9.3, 4.9.4, 4.9.4.1, 4.9.4.2, 4.9.5, 4.9.6, and 4.9.7.
Modify Paragraph 4.9 a follows:
4.9 DISPUTE RESOLITION
4.9.1 Controversies a d Claims Subject to Dispute Resolution
Any controvers or claim that can not be resolved between the parties of the Agreement will be
resolved by liti tion. Any controversy or Claim arising out of, or related to, the Contract, or the
breach thereof, hall be settled by non jury trial in the Cumberland County, Pennsylvania, Court
of Common Ple s. All parties hereby consent to such jurisdiction and venue and irrevocably
waive any right o jury trial which may exist.
4.9.3 Contract Perfo ance During Dispute Resolution.
During litigatio proceedings, the Owner and Contractor shall comply with Subparagraph 4.7.4.
SUPPLEMENTAR CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 10
J
• RENOVATIONS AND ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - #9901
PARAGRAPH 5.2 AN 1ARD F SUBCONTRACTS AND OTHER CONTRACTS
THE WORK
Delete Subparagraph .2.3 in its entirety.
PARAGRAPH 5.3 SL BCONTRACTUAL
1 Add Subparagraph 5.12 as set forth below:
5.3.2 Not withstand ng any provision of Subparagraph 5.3.1, any part of the Work performed for the
Contractor by a Subcontractor or its Sub-subcontractor shall be pursuant to a written Subcontract
between the C ontractor and such Subcontractor (or the Subcontractor and its Sub-subcontractor
at any tier), ich shall be prepared on a form of subcontract satisfactory to the Owner in all
respects. Eac such subcontract shall contain provisions that:
.1 require th it such Work be performed in accordance with the requirements of the Contract
Documen s;
1
2 waive all ights the contracting parties may have against one another, or that the
Subcontr for may have against the Owner, for damages caused by fire or other perils
covered b ythe insurance described in the Contract Documents;
3 require th Subcontractor to carry and maintain insurance coverage in accordance with the
Contract Documents, and to file certificates of such coverage with the Contractor;
.4 require th Subcontractor to submit certificates and waivers of liens for work completed by it
and by its Sub-subcontractors as a condition to the disbursement of the progress payment
next due nd owing;
.5 requires mission to Contractor or Subcontractor, as the case may be, of Applications for
Payment n a form approved by the Owner, together with clearly defined invoices and
billings su pporting all such applications under each subcontract to which the Contractor is a,
party;
.6 report, so far as practicable, unit prices and any other feasible formula for use in the
determin ion of costs of changes in the Work;
.7 require ea ch Subcontractor to furnish to the Contractor in a timely fashion all information
necessary
i the preparation and submission of the reports required herein;
.8 require th
t
h at each Subcontractor continue to perform under its subcontract in the event the
Contract i s terminated and the Owner shall take an assignment of said subcontract and
requests ch Subcontractor to continue such performance; and
.9 require ea ch Subcontractor to remove all debris created by its activities.
PARAGRAPH 5.4 ASSIGNMENT SUBCONTRACTORS
Delete Subparagraph .4.2 in its entirety.
PARAGRAPH 6.2 M UTUAL RESPONSIBILITY
Add Subparagraph 6..7 as set forth below:
6.2.7 Should the Contractor wrongfully cause damage to the work or property of any separate
contractor, th Contractor shall upon due notice, promptly attempt to settle with such other
contractor by agreement, or otherwise to resolve the dispute.
If such separate contractor sues or initiates litigation against the Owner, Architect and
Construction anager on account of any damage alleged to have been caused by the Contractor„
SUPPLEMENTARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 11
RENOVATIONS AN ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - #9901
the Owner, Architect and Construction Manager shall notify the Contractor who shall defend
such proceeding at the Contractor's expense, and if and judgment or award against the Owner.
Architect and Construction Manager arises therefrom the Contractor shall pay or satisfy it and
shall reimburse tie Owner, Architect and Construction Manager for all attorneys' fees, or court
costs which the Owner, Architect and Construction Manager has incurred.
PARAGRAPH 7.2 CHA N
Modify Subparagraph 7. .2 as set forth below:
7.2.2 The method for etermining adjustments to the Contract Sum shall be in accordance with
to provide complete breakdown of the
onsibilit
r
Paragraph 7.3. I
ater
d
b y
s resp
t will be the Contracto
als and subcontractor's cost spent on Change Orders or Construction Change
m
or an
la
W ne on an hourly basis shall have the labor hours performed each day initialed
k d
o
Directives. o
by the Construc ion Manager.
PARAGRAPH 7.3 TR T N CHANGE DIRECTIVES
Add Subparagraph 7.3. .1.1 asset forth below:
1 Labor: (As sp ified in Section 7.3.6.1) Labor costs shall include the certified Base Prevailing
SUTA, FUTA
s 25% for FICA
l
i
i
Wage Rate, plu
' ,
u
nat
on p
s actual fringe benefits per wage determ
ond those listed will be considered. Total labor cost
costs be
N
i
and Workmen
shall be this co y
o
on.
Compensat
t plus a mark-up of 15% for overhead and profit. This mark-up includes all
overhead, incl ding supervisory personnel, estimators, staff, office time, etc.
Add Subparagraph 7.3. .2.1 as set forth below.
l Material, ie a e t: (As specified in Section 7.3.6.2) Costs will be the invoice
.
cost, plus sale tax. plus a mark up of 10% for overhead and profit.
Add the following to S ubparagraph 7.3.6.4 as set forth below:
.4 Bonds and ins rance costs will be submitted without mark up.
Add Subparagraph 7. .6.6 as set forth below:
erhead and Profit for work performed by subcontractor forces cost shall be
s O
.6 The Contract
limited to the v
i
total Subcontractor's invoice plus a mark up of 5% for overhead and profit.
Subcontractor s will be required to submit hourly wage and material costs in accordance with the
above definiti ns.
PARA APH 8.3
Modify Subparagrap 8.3.1 as follows:
8.3.1 Replace the w ord "arbitration" with "litigation".
8.3.3 Delete and r lace with the following: "Extensions of time shall be the sole recourse for delays
ntractor for said damages."
C
h
i
and shall not o
ng t
e
ct as an entitlement for damages due and ow r
SUPPLEMENT4Y CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 12
1
RENOYATIONS ND ADDITIONS TO THE EAST PENNSHORO AREA HIGH SCHOOL - #9901
8.4 Add the following new paragraph: "Any delay attributable to the lack of coordination and
J cooperation b and between the separate Contractors among themselves or their sub-contractors
will not be recognized by the Owner as the basis for any claim for increase in any Contract Sum
but shall be settled as provided in Paragraph 6.2 of the General and Supplementary Conditions."
j PARAGRAPH 9.2 -HEDI L VALUES
Add Subparagraph 92.2 as set forth below:
9.2.2 The schedule of values shall be prepared in such a manner that each major item of Work and
each subcont acted item of Work is shown as a line item on AIA Document G703, Application
and Certifica a for Payment, Continuation Sheet. Each major item of work shall be further
broken down into separate line items for work as the Construction Manager and Architect may
require.
PARAGRAPH 9.3 PPLICATIONFOKPAYMENI
Add the following se tences to the end of Paragraph 9.3.1
The Contractor i to submit Applications for Payment in such time as to meet the review and approval
schedules of the Owner. Applications that are submitted late and do not meet the approval schedule
will be processe the following month.
Add Subparagraph
1 9.3.4 The Contrac
he has or wi
comply witt
1 substantiate
1 submit Wag
Payment an
subcontract,
the Departn
the Contrac,
PARAGRAPH 9.4
Add Subparagraph
9.4.4 The Contrac
Payment coi
materials stc
materials mi
Agreement 1
the storage I
the Contract
SUPPLEMENT
as set forth below:
x warrants and certifies with the submission of each Application for Payment that
supply the Owner. through the Construction Manager, Wage Certifications that
:he Secretan of Labor and Industry's requirements. The Contractor is to
iat all Wage Certificates have been received from all subcontractors. Failure to
Certificates will be deemed reason to withhold all or part of the Application for
place the Contractor in default of the Contract. The Contractor or the Contractor's
who for any reason fails to provide Wage Certification or who is found through
nt of Labor and Industry to be in non-compliance, will be considered in default of
4 as set forth below:
will be paid by the Owner once each month upon receipt of the Certificate for
ing the value of labor and material incorporated in the Work. Payment for
d off-site will be at the discretion of the Owner. Requests for payment for such
be accompanied by a Uniform Commercial Code Form #1 (UCC-1), a Security
m (to be provided by the Construction Manager) and a Certificate of Insurance fbr
ility. All fees relative to the execution of these documents are the responsibility of
CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 13
i
RENOVATIONS AN? ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - #9901
Add following Paragrap s Subparagraph 9.4.5 Retainage; as set forth below:
9.4.5 In accordance with the Commonwealth Procurement Code 62 Pa. C.S.A. Section 3921, until 50%
of the Contract i completed, the Owner will pay 90% of the amount due the Contractor on
account of monthly progress payments.
When the contra t is 50% complete and a request in writing from the Contractor has been
submitted to the Construction Manager, the Architect will consider a reduction of Retainage to
5%. Along wit the written request the Contractor shall submit Consent of Surety to Reduction
in Retainage Ali ? G707A.
9.4.6 Commonwealth Procurement Code empowers the Architect to reject the reduction in Retainage if
the Contractor i not making satisfactory progress or there is a specific cause for greater
withholding. T e following are some of the items, but may not be the only criteria considered
used, to determi a the acceptability of reduction in Retainage:
.1 Satisfacto performance of the work.
.2 Satisfacto , maintenance of the project schedule.
.3 Proper ma ning of the project.
.4 Satisfacto completion of the work.
.5 Satisfacto organization of the project.
.6 Proper org nization and coordination of subcontractors.
.7 Proper coordination with other prime Contractors.
.8 All defecti e work has been remedied or is in the process of being remedied.
.9 Work com feted is not in contention.
.10 Satisfacto follow through of paperwork, change order proposals, or
constructs n change directives.
9.4.7 Only after this equest is received and approved in writing, may it be incorporated into the
appropriate Ap ilications for Payment.
9.4.8 After the reduc ion in Retainage is approved, the Owner will pay 95% of the amount due the
Contractor on count of monthly progress payments provided that the Construction Manager
and Architect a )proves the Application for Payment, the Contractor is making satisfactory
progress and th re is no specific cause for greater withholding.
PARAGRAPH 9.5
Add Subparagraph 9
.8 Failure to sign
.9 Failure to
SUPPLEMENT.
.8 and 9.5.1.9 as set forth below:
Schedule or monthly updates of the Progress Schedule.
Wage Certification as required by Labor and Industry.
CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 14
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RENOVATIONS A+ ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL,-1!9901
PARAGRAPH 9.6
Modify Subparagraph 9..2 as set forth below:
9.6 .2 The Contractor all comply with the Contractor and Subcontractor Payment Act of 1994 of the
Pennsylvania G neral Assembly, which provides, in part, as set forth below:
When a subcont actor has performed in accordance with the provisions of the contract, a
contractor shall ay to the subcontractor, and each subcontractor shall in turn pay to the
subcontractor's ubcontractors, the full or proportional amount received for each such
subcontractor's ork and materials, based on work completed or service provided under the
subcontract, 14 lays after receipt of each progress or final payment or 14 days after receipt of the
subcontractor's invoice, whichever is later.
PARAGRAPH 9.7 LN1
Modify Subparagraph 9 7.1 as set forth below:
9.7.1 Replace the wo d "arbitration" with "litigation".
Add Subparagraph 9.7. as set forth below:
9.7.2 The contractor hall not stop work or terminate the Contract if the Construction Manager or
Architect shout refuse to issue any certificate for payment pursuant to the provisions of
Paragraph 9.3, .4, 9.5 and 9.6 of the General and/or Supplementary Conditions.
PARAGRAPH 9.8
Add the following to th end of Subparagraph 9.8.1:
In no event wil the Project or designated portion of the Project be certified as Substantially
Complete until at least 95% of the Work of the Project or designated portion of the Project, is
completed tot a satisfaction of the Architect.
Add Subparagraph 9.8.P.1 asset forth below:
I It is the Contra tor's and Construction Manager's responsibility to prepare and complete the
comprehensive lists (punch-lists) in order to submit for Substantial Completion. If after the list is
submitted and pon inspection, it is found to be incomplete, lengthy or ill prepared, the
Substantial Co pletion request will be denied. If it is required, because of the Contractor's
inability to complete the punch list and, therefore, complete the Contract, that the Architect, or
any of its cons Itants or representatives, is required to prepare punch lists, then according to
12.2.1, the Co tractor will be responsible for such costs.
The Arch tect will be compensated for such additional work at standard prevailing rates by
the Owne . The Owner will duly backcharge the Contractor for such additional costs and
deduct sa a from retainage or Application for Payment.
SUPPLEMENTARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - I5
RENOVATIONS AN ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - 49901
Add Subparagraph 9.8.3. as set forth below.
.1 In accordance w h Pennsylvania State law- items not completed or corrected at the time of
Substantial Com letion shall have a value of 150% of their worth affixed to them and this amount
withheld from a y payment due to the Contractor until the items are completed or corrected.
Add Subparagraph 9.8.411 io UIDATED DAMAGES as set forth below:
Should the Cont actor fail to Complete his work before the expiration date set for Completion of
each Phase as id ntified by the Construction Manager in the Project Master Schedule, unless
extended as pro ided in the Contract Documents covering extensions of time, the Owner will
suffer financial oss. The Contractor (and the Contractor's Surety) shall be liable for and shall
pay to the Own the sum hereinafter stipulated and fixed, and agreed to as liquidated damages
for each calendar day of delay until the Work has reached Completion: ONE THOUSAND
2 . Should the Con actor fail to submit shop drawings, data and other information as required b}'
Specifications, a project will be delayed and the Owner will suffer financial loss. The
Contractor (and the Contractor's Surety) shall be liable for and shall pay to the Owner the sum
hereinafter stip lated and fixed, and agreed to as liquidated damages for each calendar day of
delay beyond 4 days of date of the Notice to Proceed until Drawings are received: ONE
PARAGRAPH 9.10
Modify Subparagraph 10.3 as follows:
9.1 Delete the last lentence in Subparagraph 9.10.3.
Add Subparagraph 9.1 .5 as set forth below:
9.10.5 Except as prov ded under Subparagraph 9.5.1 of the General Conditions and 9.8.3.1 of
Supplements Conditions relating to retainage, if the Work is completed the Architect shall issue
a certificate of ompletion and a final certificate for payment and the Owner shall make payment
in full within 4 days thereafter.
PA A_ GRAPH 10.1
Modify Subparagraph 01.1 as set forth below:
10.1.1 All Contractor shall be responsible for initiating, maintaining and supervising safety programs
in connection ith the Work.
Modify Subparagraph P 0. 1.2 as set forth below:
10.1.2 Replace the
"arbitration" with "litigation", in all locations that it occurs in this paragraph.
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SUPPLEMENTAIfY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 16 1
RENOVATIONS AVID ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - #9901
Add Subparagraph 10.1 5 as set forth below:
10. 1.5 Asbestos - If an ' asbestos or material that is believed to be asbestos is found, then the Contractor
should, at once, notify the Owner and the Owner will take the necessary measures to have the
material tested nd/or removed as is appropriate to the condition. Removal or identification of
asbestos materials will be the responsibility of an Owner's outside agent.
PARAGRAPH 10.47
10.4.1 The Contractor must assume all risks and bear any loss occasioned by neglect or accident during
the progress of he work until same shall have been completed and accepted by the Owner. The
Contractor agr s to indemnify, defend and save harmless the Owner, Architect and Construction
Manager from II suits and claims for damages, loss or injury to persons or property received or
sustained from he Contractor or his agents in the performance of the work under his contract.
The indemnific tion and save harmless does not limit the Architect's Liability in matters
concerning des n and professional responsibility. The Contractor must properly protect all
adjacent work urine the progress of construction and make good all damage that may occur to
any work herei specified or to adjacent property in consequence of the work herein specified.
He must also a sume all blame or loss by reason of neglect or violation of local or state laws,
ordinances and regulations, encroachments upon neighbors, or from any other cause.
10.4.2 The work in ev ry respect shall be under the care of the Contractor and at his risk, he shall
properly safeg and against any or all injury or damage to the public, to any property, materials, or
thing, except w ere stipulated otherwise in the specifications, and also be responsible for any
such damage o injure from his undertaking of this work to any person or persons or thing
connected ther with. He shall indem i and sawarmless the Owner, Architect and
Construction anager from all claims, suits, damages, actions of law, in equity or otherwise,
(including the ost of defense thereof which shall be assumed by the Contractor) or an) kind
whatsoever in Jonnection with this work and agreement and shall, if required, show evidence of
settlement of a y such action before final payment is made hereunder by the Owner.
PARAGRAPH ILL
Add Subparagraph 11.1.4 as set forth below:
11.1.4 Certificat es of Insurance acceptable to the Owner and on forms approved by the Insurance
Commiss ner of the Commonwealth of Pennsylvania shall be filed with the Owner
(Certifica a Holder) prior to commencement of the Work. The Certificates shall contain a
provision that coverages afforded under the policies will not be canceled, reduced or
non-renew ed unless at least thirty (30) days prior written notice has been given to the
Owner. xcept for Workers' Compensation Insurance, Owner, Architect, and Construction
Manager hall be named with respect to the Project, as an additional insured on all
Add Subparagraph 11.1.5 as set forth below:
Certificat s called for herein shall be furnished in duplicate and shall specifically set forth
evidence f all coverage required by 1 1.1.1 and 11. 1.2 and the Contractor shall furnish to
the Const uction Manager copies of all endorsements that are subsequently issued.
SUPPLEMENTARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 17
RENOVATIONS A ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - 49901
Add subparagraph 11. Li i as set forth below:
11.1 During the term f the Contract, and for Completed Operations Liability and Excess Liability for
one year after th completion of the Work, the Contractor and each subcontractor shall, at their
own expense, p rchase and maintain the following insurance in companies properly licensed and
satisfacton' tot a Owner.
Workers nation and Emwwer s Liahi*r
Amounts and c verage as required by Law and the Excess (Umbrella) Liability Insurance
Company. t
t.,21 D r n v
Including cover
liability, produc
underground p
The coverage a
Company, but n
o reh nsiv
age for premises, operations, independent contractors, elevators, contractual
ts, completed operations, Broad Form property damage, explosion, collapse and
perry damage, personal injury. No deductible permitted.
mount limits shall be as required by the Excess (Umbrella) Liability Insurance
o less than one million dollars ($1,000,000.00).
Automobile Liability ns a e
e
D
t
Including cove
Basic First Pa amag
.
age for owned, non-owned and hired autos. Bodily Injury, Property
y Benefits and Uninsured/Underinsured Motorists coverage as required by Law'.
The coverage mount limits shall be as required by the Excess (Umbrella) Liability Insurance
Company, but o less than one million dollars ($1.000,000.00).
Excess mbr II iability Insurance
ive
h
Bodily Injun a ens
nd Property Damage following the form of the aforementioned Compre
'
General Liabil s Liability.
ity, Comprehensive Automobile Liability. and Employer
The coverage mount limits shall be no less than two million dollars ($2,000,000.00), Bodily
Injury and Pro perty Damage combined. No deductible. No "gaps" between primary and excess.
A
The Owner rchitect, and Construction Manager shall be named as Additional Insured under
,
Comprehensi a General Liability, Comprehensive Automobile Liability and Excess (Umbrella)
Liability' Insu ance for this Project.
The Owner w 11 provide standard Builder's Risk Insurance. r
Add Subparagraph 11 1.7 asset forth below:
11.1.7 Whenever-the Contractor is required under these Contract Documents to fumish insurance
coverage, all policies of insurance so furnished shall be issued by an insurance company or by
insurance companies qualified to do business in the Commonwealth of Pennsylvania. ,
PARAC,RAEH 11.3
Modify Subparagrap$ 11.3.1 as follows:
Replace the ords "without voluntary deductibles" with "with such deductible as selected by
Owner".
PLEMENT RY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 18
RENOVATIONS A D ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - 49901
1 Modify Subparagraph 1.3.1.3 as follows:
Contractor shall pay any amounts or costs not insured because of Owner's deductibles.
Delete Subparagraph 11 3.5.
Delete Subparagraph 11 3.6.
Delete Subparagraph 11 3.9.
Modify Subparagraph 1 .3.10 as follows:
The Owner as uciary shall have power to adjust and settle a loss with insurers.
Delete Subparagraph 11 3.11.
Add Subparagraph 11.3 12 as set forth below:
11.3.12 Rebuilding. rep acement or repair after any loss shall be performed promptly by the Contractor
1 without awaitin the collection of the proceeds of insurance or the determination of the
1 distribution the eof. The occurrence of a loss by fire or other casualty shall in no wise relieve the
Contractor fro the responsibility of completing his portion of the work in accordance with the
1 Contract.
PARAGRAPH 12? RR C N WORK
Add Subparagraph 12.2 1.1 as set forth below.
I Work that is reject or fails to conform to the requirements of the Contract Documents, that requires
any review, researc , recommendation, meetings or direction by the Architect or any of his '
consultants in order to substantiate same or to approve remedies or alternate solution will be subject
to Paragraph 12. 1.1 The Architect will be compensated for such additional work at standard
prevailing rates b) he Owner. The Owner will duly backcharge the Contractor for such additional
costs and deduct sa a from retainage or Application for Payment.
Modify Subparagraph 1 2.2.2 as set forth below:
12.2.2 Add the following to the existing Paragraph:
Nothing contai ed in this paragraph shall decrease the responsibility set forth in the Performance
Bond.
PARAGRAPH 13.5
Modify Subparagraph 13.5.1 as set forth below.
13.5.1 Tests, inspections and approvals of portions of the Work required by the laws, ordinances, rules,
regulations or rders or public authorities or municipalities having jurisdiction shall be made at
• an appropriate ime
SUPPLEMENTAR CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 19
49901
RENOVATIONS AN ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL -
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^ all retain and pay for an independent testing laboratory for such "tests,
The Contractor
inspections and a
ti provals specified or required to complete the Project. The independent testing
shall be acceptable to the Owner, and with the public authority, requiring the
laboratory or en hall bear all related costs of tests, inspections and approvals and shall be
test. The Contr
solely responsibl for s
for scheduling such tests.
The Contractors all give the Construction Manager, and Architect timely notice of when and
made so the Construction Manager, and Architect may
b
where tests and i e
spections are to
observe such pr edures.
PARAGRAPH 14.2 T
Modify Subparagraph 1 .2.1.1 and 14.2.1.3 as set forth below:
Delete the word "pe sistently".
Modify Subparagraph 1 .2.1.4 asset forth below:
Delete the word "su stantial".
Add Subparagraph 14.2 1.5 as set forth below:
fails to take adequate measures such as to supply additional forces, equipment.
If a Prime Contract
tools and materials or
r to increase working hours or increase the number of working days per week in
order to keep up w i h the Progress Schedule. `
[
Modify Subparagraph 4.2.2 as follows:
When any of the a ove reasons exist, the Owner, after consultation with the Construction Manager.
ts to justify such action, may without prejudice.
i
and upon certificat s
on by the Architect that cause ex
dies of the Owner terminate employment of the Contractor and may:
to any other rights
1 Take pos r reme
ession of the site and of all materials, equipment, tools, and construction
.
equipme and machinery thereon owned by the Contractor.
ursuant to Paragraph 5.4; and
tracts
b
f
.2 Accept a
.3 Finish th p
con
su
signment o
Work by whatever reasonable method the Owner may deem expedient.
Add the following
14.2.5 If the Owner
has forfeited
companies u
graph 14.2.5
nninates the Contract with the Contractor and it is determined that the Contractor,
e Performance Bond. The Owner reserves the right to disapprove the bonding
of the terminated contractor to complete the Project.
END OF DOCUMENT
SUPPLEMENT
CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00800 - 20
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
MONARCH PAINTING SYSTEMS, INC.,
Plaintiff
Vs.
EAST PENNSBORO AREA SCHOOL
DISTRICT, Defendant
NO. 03-2560
JURY TRIAL DEMANDED
PLAINTIFF'S RESPONSE TO DEFENDANT'S
PRELIMINARY OBJECTIONS
AND NOW, comes Plaintiff, Monarch Painting Systems, Inc. ("Monarch"), by and
through its undersigned counsel, and responds to the Preliminary Objections of Defendant,
East Pennsboro Area School District ("East Pennsboro"), as follows:
PRELIMINARY OBJECTION - LEGAL INSUFFICIENCY
1. Admitted.
2. Admitted. By way of further answer, Monarch's Complaint speaks for itself.
3. Admitted.
4. Admitted.
5. Admitted with the qualification that Monarch's Complaint speaks for itself.
6. Admitted with the qualification that Monarch's Complaint speaks for itself.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Denied as stated. Monarch's right of action directly involves East Pennsboro
2
which, through its construction manager, failed to take steps necessary to properly
coordinate the Project.
12. Denied. Monarch's Complaint clearly provides that East Pennsboro "failed
to address and resolve the issues regarding the other contractors' schedules for working
on the Project in addition to Monarch."
13. Denied as stated. In paragraph 4.6.1 of the General Conditions cited by East
Pennsboro, East Pennsboro's Construction Manager and Architect are to "provide
administration of the Contract as described in the Contract Documents... " Furthermore,
in Section 4.6.2, East Pennsboro's Construction Manager is to "determine in general that
the Work is being performed in accordance with the requirements of the Contract
Documents" and is further obligated to keep the Owner informed of the progress of the
Work" and to "guard the Owner against defects and deficiencies in the Work." Next, East
Pennboro's Construction Manager is to "provide for coordination of the activities of other
Contractor and of the Owner's own forces with the Work of the Contractor." Under Section
4.6.4, East Pennboro's construction manager is to "schedule and coordinate the activities
of the Contractors in accordance with the latest approved Project construction schedule."
14. Admitted.
15. Admitted.
16. Denied as stated insofar as Monarch has averred in its Complaint that East
Pennsboro failed to address and resolve the issues regarding other Contractors'
schedules, and in connection with the General Conditions as Sections 4.6.1 through 4.6.4,
East Pennsboro clearly has contractual obligations to Monarch.
17. Admitted.
3
18. Admitted.
19. Admitted.
20. Admitted.
21. Admitted.
22. Denied. Monarch has stated in its Complaint at paragraph 33 that it has
satisfied all condition precedent to maintaining a claim for breach of contract against East
Pennsboro. This averment is sufficient to survive the preliminary objection raised by East
Pennsboro.
23. Denied for the reasons set forth in paragraph 22, above.
WHEREFORE, Plaintiff, Monarch Painting Systems, Inc., respectfully requests that
this Honorable Court deny and dismiss the preliminary objections of Defendant, East
Pennsboro Area School District, in its entirety.
PRELIMINARY OBJECTION - FAILURE
TO CONFORM TO RULE OF LAW
24. Admitted.
25. Admitted and Monarch hereby agrees to a bench trial.
WHEREFORE, Plaintiff, Monarch Painting Systems, Inc., respectfully requests that
this Honorable Court deny this Preliminary Objection as moot by virtue of the fact that
Monarch will agree to a bench trial.
PRELIMINARY OBJECTION - INSUFFICIENT SPECIFICITY
26. Denied as stated insofar as Monarch cannot maintain a cause of action in
breach of contract against parties with which it has no contractual responsibility.
27. Denied as stated. Monarch, throughout the pendency of this Project,
4
repeatedly advised East Pennsboro and/or its representatives of the delays and problems.
As such, Monarch made timely complaints and timely raised claim issues.
28. Denied as stated. East Pennsboro has suffered no prejudice in remedying
any damages since it had knowledge and notice of Mon'arch's claims.
29. Denied as stated. East Pennsboro can join, if it chooses to do so, other
prime contractors and/or its own Construction Manager.
30. Denied as stated insofar as East Pennsboro is aware, through
correspondence provided by Monarch during the pendency of this Project, which
contractors were causing delays and damages. Furthermore, this information is readily
available to East Pennsboro through its architect/engineer and/or construction manager.
WHEREFORE, Plaintiff, Monarch Painting Systems, Inc., respectfully requests that
this Honorable Court deny and dismiss the preliminary objections of Defendant,
East Pennsboro Area School District, in their entirety.
Respectfully submitted,
RILEYAND FA
BY:?
SUDHIR R. PATEL, ESQUIRE
I. D. No. 75914
The Necho Allen
No. 1 Mahantongo Street
Pottsville, PA 17901
(570) 622-2455
COUNSEL FOR PLAINTIFF
5
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Plaintiff's Response to
Defendant's Preliminary Objections was served upon the Defendant on this date by first
class mail, postage prepaid, addressed as follows:
Donna S. Weldon
Keefer Wood Allen & Rahal, LLP
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
RILEY AND FAN P
BY:
SUDHIR R. PATEL, ESQUIRE
Counsel for Plaintiff
D
DATE: 141
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated in full)
MONARCH PAINTING SYSTEMS,
INC., (Plaintiff)
Vs.
EAST PENNSBORO AREA SCHOOL
DISTRICT,
( Defendant )
No. 2560 Civil ACTION = 2003
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's
demurrer to complaint, etc.):
DEFENDANT'S PRELIMINARY OBJECTIONS TO ]PLAINTIFF'S COMPLAINT
2. Identify counsel who will argue case:
(a) for plaintiff: SUDHIR R. PATEL, ESQUIRE
Address. NO. 1 MAHANTONGO STREET
POTTSVILLE PA 17901
(570) 622-2455
(b) for defendant: DONNA S. WELDON, ESQUIRE
Address: 210 WALNUT STREET
HARRISBURG, PA 17108-1963
(717) 255-8049
3. I will notify all parties in writing within trw:) days that this case has
been listed for argument.
4. Argument Court Date: June 9, 2004
At
Dated: 3113-10L1 Attorney for PLAINTIFF
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PRAECIPE FOR LISTING CASE FOR ARGENT
(Must 6e type ritten
and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
-------------- Please list the within matter for the next Aunt Court.
CAPTION OF ----'-----
CASE -------
(entire caption must be stated in full) ------
MONARCH PAINTING SYSTEMS,
INC.,
Vs. (Plaintiff)
EAST PENNSBORO AREA SCHOOL
DISTRICT,
(Defendant)
No. 2564
-? Civil ACTION
x9C 2003
1. State matter to be argued new
de?trrer to complaint, etc. Plaintiff's motion for -
)• trial, defendant's
DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S
2- Identify counsel who will argue case: COMPLAINT
(a) for plaintiff.
Address:
(b) for defendant-
Address:
3.
SUDHIR R. PATEL, ESQUIRE
NO. 1 MAHANTONGO STREET
POTTSVILLE, PA 17901
(570) 622-2455
DONNA S. WELDON, ESQUIRE
210 WALNUT STREET
HARRISBURG, PA 17108-1963
(717) 255-8049
I will notify all Parties in writing within two c
been listed for argum?t, days that
this case has
4. Argument Court Date:
Dated: July 30, 2004
September 22, 2004
-Att ?
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MONARCH PAINTING SYSTEMS,
INC.,
Plaintiff
V.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 03-2560 CIVIL TERM
EAST PENNSBORO AREA
SCHOOL DISTRICT,
Defendant
CIVIL ACTION-LAW
IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO THE
COMPLAINT
Before HOFFER, P.J., OLER, J., and GUIDO, J.
DER OF COURT
AND NOW, this ? day of January, 2005, after oral argument
and upon consideration of Defendant's Preliminary Objections to the
Complaint, it is hereby ORDERED as follows:
1. The preliminary objections are sustained to the extent that
Plaintiffs demand for a jury trial is stricken; and
2. The preliminary objections are otherwise denied.
By the Court,
Sudhir R. Patel, Esquire
Arlen R. Day II, Esquire
Riley and Fanelli, P.C.
The Necho Allen
No. 1 Mahantongo Street
Pottsville, PA 17901
Counsel for Plaintiff
Donna S. Weldon, Esquire
Stephen L. Grose, Esquire
Keefer, Wood, Allen & Rahal, LLP
210 Walnut Street
P.O. Boy: 11963
Harrisburg, PA 17108-1963
Counsel for Defendant
k0
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it t
MONARCH PAINTING SYSTEMS, INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
Vs.
NO. 03-2560 CIVIL TERM
EAST PENNSBORO AREA SCHOOL
DISTRICT,
Defendant
ACTION -- CIVIL
NOTICE TO PLEAD
TO PLAINTIFF:
You are hereby notified to file a written response to the enclosed Answer with New
Matter of defendant, East Pennsboro Area School District, within twenty (20) days from service
hereof or a judgment may be entered against you.
KEEFER WOOD ALLEN & RAHAL, LLP
By: / VG4rw
Donna S. Weldon
MONARCH PAINTING SYSTEMS, INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
Vs.
NO. 03-2560 CIVIL TERM
EAST PENNSBORO AREA SCHOOL
DISTRICT,
Defendant
ACTION -•• CIVIL
ANSWER WITH NEW MATTER
AND NOW, comes the defendant, East Pennsboro Area School District ("East
Pennsboro", by and through its counsel, Keefer Wood Allen &. Rahal, LLP, and files this
answer to the complaint in the above matter, averring as follows:
1. Admitted upon information and belief.
2. Admitted upon information and belief.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. It is admitted only that several pages of the agreement entitled "Agreement
Form" are attached to the complaint. The actual agreement incorporates contract documents,
all of which are part of the contract that consists of hundreds of pages ("the Contract'). Two of
the contract documents, the General Conditions and Supplementary Conditions, with some of
the terms and conditions material to the complaint, are attached to the preliminary objections.
- 1 -
8. It is admitted only that a Contract was executed for the painting and finishing
work in the amount of $242,585.00. By way of further answer, the Contract has very specific
procedures for the contractor to submit change orders that include approval by the
Construction Manager and Architect. In addition, the justifications for adjusting the Contract
base price are explicit in the Contract.
9. Denied. It is specifically denied that there was a delay in the start date for
Monarch. The May 25, 2001 date plead in the complaint as the start date was explicitly
identified as only a guideline as part of a bid phasing schedule and was never a fixed actual
date.
10. After reasonable investigation, East Pennsboro is without sufficient knowledge or
information to form a belief as to the truth of the matters asserted. Therefore, they are denied
and strict proof thereof is demanded at the time of trial. By way of further answer, the labor
hours estimated by Monarch are not determinative of any adjustment to the base contract
price. If Monarch underestimated labor hours in its bid, then East Pennsboro is not
contractually responsible to compensate for Monarch's underbidding.
11. After reasonable investigation, East Pennsboro is without sufficient knowledge or
information to form a belief as to the truth of the matters asserted. Therefore, they are denied
and strict proof thereof is demanded at the time of trial.
12. After reasonable investigation, East Pennsboro is without sufficient knowledge or
information to form a belief as to the truth of the matters asserted. Therefore, they are denied
and strict proof thereof is demanded at the time of trial. By way of further answer, the labor
hours are not determinative of the base contract price. If Monarch underestimated labor hours
-2-
in its bid, then East Pennsboro is not contractually responsible to compensate for Monarch's
underbidding.
13. Denied. It is specifically denied that East Pennsboro breached any contractual
duty to address and resolve issues regarding the other contractor's schedules who were
working on the project in addition to Monarch or that any such issues existed. Coordination of
scheduling was the contractual duty of Monarch. To the extent any such valid claims existed
against other contractors, matters were resolved by change orders when requests or claims
were timely submitted and approved.
14. Denied. It is specifically denied that East Pennsboro's failure to address issues
regarding the schedules of contractors caused Monarch to be substantially delayed or
hindered in its ability to complete its work. All timely claims and requests for change orders
were processed.
15. It is admitted only that Monarch filed an untimely claim in March, 2003 requesting
payment for additional labor hours in the amount stated. It is not admitted that Monarch timely
submitted any request for change orders in the amount of $47,808.21.
16. Denied. It is specifically denied that the actual start date for Monarch was
delayed over two (2) months because no actual start date for Monarch was part of the
Contract. After reasonable investigation, East Pennsboro is without sufficient knowledge or
information to form a belief as to the truth of the other matters asserted. No request for a
change order or other claim was timely filed for equipment rental.
-3-
17. After reasonable investigation, East Pennsboro is without sufficient knowledge or
information to form a belief as to the truth of the matters asserted. Therefore, they are denied
and strict proof thereof is demanded at the time of trial.
18. Admitted in part. It is admitted only that East Pennsboro refuses to make
payment in the amount stated. It is not admitted that any alleged delay in the start date
justifies Monarch's claim for additional equipment rental costs. After reasonable investigation,
East Pennsboro is without sufficient knowledge or information to form a belief as to the truth of
the remaining matters asserted.
19. It is admitted only that Monarch participated in some of the required job
conferences, safety meetings and other meetings.
20. Denied. Because there was no existing schedule for a maximum number of
meetings, there can be no calculation of additional, extra or special meetings. By way of
further explanation, additional meetings were contractually at no cost to East Pennsboro.
21. After reasonable investigation, East Pennsboro is without sufficient knowledge or
information to form a belief as to the truth of the matters asserted. Therefore, they are denied
and strict proof thereof is demanded at the time of trial.
22. Denied. It is specifically denied that mileage casts for attending meetings was
part of the Contract. After reasonable investigation, East Pennsboro is without sufficient
knowledge or information to form a belief as to the truth of the! matters asserted. Therefore,
they are denied and strict proof thereof is demanded at the time of trial.
23. It is admitted only that East Pennsboro refuses to make payment in the amount
of $6,540.00. By way of further answer, there is nothing in the Contract to support a claim of
-4-
payment for additional meetings and mileage that were caused by the Project being off
schedule.
24. Denied. It is specifically denied that the Contract supports a claim of payment for
cellular phone costs or that there were numerous additional meetings or coordination issues
causing such costs. After reasonable investigation, East Pennsboro is without sufficient
knowledge or information to form a belief as to the truth of the remaining matters asserted.
Therefore, they are denied and strict proof thereof is demanded at the time of trial.
25. It is admitted only that East Pennsboro refuses to make payment in the amount
of $222.19 for cellular phone costs. After reasonable investigation, East Pennsboro is without
sufficient knowledge or information to form a belief as to the truth of the remaining matters
asserted. Therefore, they are denied and strict proof thereof is demanded at the time of trial.
26. Denied. It is specifically denied that East Pennsboro failed to address and
resolve issues regarding the contractor's schedules, which caused Monarch to incur
unabsorbed home office overhead costs and charges.
27. After reasonable investigation, East Pennsboro is without sufficient knowledge or
information to form a belief as to the truth of the matters asserted. Therefore, they are denied
and strict proof thereof is demanded at the time of trial.
28. Paragraph 28 states a conclusion of law to which no response is required. To
the extent a response is deemed necessary, it is denied and strict proof thereof is demanded
at trial.
-5-
29. Paragraph 29 states a conclusion of law to which no response is required. To
the extent a response is deemed necessary, it is denied and strict proof thereof is demanded
at trial.
30. Paragraph 30 states a conclusion of law to which no response is required. To
the extent a response is deemed necessary, it is denied and strict proof thereof is demanded
at trial.
31. Paragraph 31 states a conclusion of law to which no response is required. To
the extent a response is deemed necessary, it is denied and strict proof thereof is demanded
at trial.
32. Denied. By way of further answer, Monarch has failed to satisfy the contractual
conditions precedent to this litigation.
NEW MATTER
33. Plaintiffs complaint fails to state a claim upon which relief can be granted.
34. Monarch has failed to mitigate its damages.
35. To the extent that Monarch is entitled to payment for the work that it completed, it
is not entitled to the amount it seeks to recover, namely $56,494.40.
36. Following the Contract, under the proper procedures to process change orders,
Monarch submitted 31 change orders, of which 27 were approved, in the total amount of
$22,927.00.
37. The construction manager, architect and owner approved 27 change orders,
which included additional work based on delays or deficiencies by other contractors affecting
the painting.
-6-
38. In each case where other contractors' actions caused increased payments to
Monarch, the other prime contractor in breach of the Contract was backcharged by East
Pennsboro.
39. As to any claim made in the complaint, change order requests or claims were not
submitted as required by the Contract.
40. No additional labor hours or so-called extra meetings attended by Monarch were
ever submitted to the Construction Manager by a breakdown of hours on the day performed
on a time and materials ticket to be initialed by the Construction Manager. (Supplementary
Conditions, Article 7, Change Orders, subparagraph 7.2.2)
41. No written claims with regard to the Construction Manager's decisions on the
construction schedule and job coordination were ever filed with the Architect within 21 days of
the decision. (General Conditions, Article 4.7, Claims)
42. As to any claim asserted in the complaint, no written claim was timely made
within 21 days after Monarch recognized the claim. (General Conditions, Article 4.7.3)
43. As to any claims made in the complaint, no prior written notice of claims for
additional costs was given prior to commencing the work. (General Conditions, Article 4.7.7)
44. Monarch submitted no seven-day notice of any conditions or occurrences to the
Architect. (Supplementary Conditions, Article 4.7.6)
45. No notice of any occurrences set forth in its complaint that Monarch believed
entitled it to an adjustment in the contract sum was provided to the Architect until March 17,
2003.
-7-
46. Had the Claim been timely made and substantiated, the School District may have
been able to back charge those found to be responsible through appropriate change orders
submitted by the Architect to the other Prime Contractors.
47. The School District has been prejudiced in remedying the damages by the failure
of the filing of a timely claim to enable deduct-change orders from other contractors.
48. At this time, after final completion of the Project, the only possible remedy would
be for the District to join the separate Prime Contractors who caused the delays as additional
defendants in this or a later lawsuit.
49. The damage remedy to sue other prime contractors provided in favor of the
prime contractors as the exclusive remedy was included in the contract of each prime
contractor. (Supplementary Conditions, Article 4.6.4.3)
50. Each prime contractor was the third party beneficiary of the other contracts
between East Pennsboro and the other prime contractors permitting litigation, but eliminating a
right of action against the owner, construction manager or architect for delays by other prime
contractors.
51. On this Project, each contractor agreed to be subject to litigation by other prime
contractors.
52. All contractors, including Monarch, promised to coordinate their schedules with
the other contractors and, without cost to the Owner, to conform with the most current
schedules. (General Conditions, Articles 3.10.2,.3, .4)
53. No application for payment or requisitions for the lease of equipment were ever
submitted by Monarch as part of a progress payment. (General Conditions, Article 9.3.1)
-8-
54. Monarch agreed to attend progress meetings and superintendent meetings every
two weeks and additional meetings as required by Project conditions or changes at no
additional cost to the Owner. (Division I, Section 01311, Coordination and Meetings 1.7 and
1.9)
55. The so-called delays described in the complaint were modifications of the
construction schedule within the discretion permitted to the Construction Manager at no cost to
the Owner.
56. During the Project, Monarch failed to attend 46 of the 70 superintendent
meetings at which the project schedule was coordinated.
57. The first superintendent's meeting attended by Monarch was July 16, 2001.
58. The first job conference attended by Monarch was August 3, 2001.
59. On three occasions during the Project, Monarch replaced its superintendent
without the prior written consent of the Architect and Construction Manager. (Supplementary
Conditions, Article 3.9.3)
60. During the Project, 4 different superintendents represented Monarch at the
superintendent meetings held to coordinate work among the various trades.
61. The Project Schedule and Phasing of the Project required mobilization and
demobilization to be built into the total base cost of contract.
62. Any equipment mobilization costs were the result of Monarch's failure to
understand the specifications or failure to coordinate properly its work with the other trades.
-9-
WHEREFORE, defendant, East Pennsboro Area School District, respectfully requests
that this Honorable Court enter judgment in its favor and against the plaintiff, Monarch Painting
Systems, Inc. dismiss the complaint and grant such additional relief as it deems fair and just.
Respectfully submitted,
Dated: February d , 2005
KEEFER WOOD ALLEN & RAHAL, LLP
By: X,
ONNA S. WELDON
Attorney I.D. #26521
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8049
Attorneys for Defendant
-10-
VERIFICATION
The undersigned, Dr. Linda J. Bigos, Superintendent of East Pennsboro Area
School District, hereby verifies and states that:
1. She is authorized to sign this verification on behalf of East Pennsboro
Area School District;
2. The responses set forth in the foregoing Answer and New Matter are true
and correct to the best of her knowledge, information, and belief; and
3. She is aware that false statements herein are made subject to the
penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities.
CERTIFICATE OF SERVICE
I, Donna S. Weldon, Esquire, one of the attorneys for defendant, East Pennsboro
Area School District, hereby certify that I have served the foregoing paper upon counsel
of record this date by depositing a true and correct copy of the same in the United
States mail, first-class postage prepaid, addressed as follows:
Sudhir R. Patel, Esquire
Riley and Fanelli, P.C.
The Necho Allen
One Mahantongo Street
Pottsville, PA 17901
KEEFER WOOD ALLEN & RAHAL, LLP
Donna S. Weldon
Dated: February /0 2005
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
MONARCH PAINTING SYSTEMS, NO. 03-2560
INC.,
Plaintiff
Vs.
EAST PENNSBORO AREA SCHOOL
DISTRICT,
Defendant
PLAINTIFF'S RESPONSE TO NEW MATTER OF DEFENDANT
AND NOW, comes Plaintiff, Monarch Painting Systems, Inc., by and
through its undersigned counsel, and responds to the New Matter of
Defendant, East Pennsboro Area School District, as follows:
NEW MATTER
33. This averment contains a conclusion of law to which no response is
required. To the extent a response is required, it is denied that Plaintiff's
complaint fails to state a claim upon which relief can be granted.
34. This averment contains a conclusion of law to which no response is
required. To the extent a response is required, it is denied that Plaintiff has
failed to mitigate its damages.
35. It is denied that Plaintiff is not entitled to payment for the work
that it completed in the amount set forth in Plaintiff's complaint.
36. Denied and strict proof thereof is hereby demanded.
37. Denied and strict proof thereof is hereby demanded.
38. Denied and strict proof thereof is hereby demanded.
39. Denied that change order requests or claims were not submitted
as required by the Contract.
40. It is denied that additional labor hours or extra meetings attended
by Monarch were never submitted to the Construction Manager.
41. It is denied that there were no written claims with regard to the
Construction Manager's decisions on the construction schedule and job
coordination filed with the Architect.
42. It is denied that no written claim was timely made.
43. It is denied that no prior written notice of claims for additional
costs was given prior to commencing the work.
44. It is denied that Plaintiff submitted no seven-day notice of any
conditions or occurrences to the Architect.
45. It is denied that no notice of any occurrences was provided to the
Architect until March 17, 2003.
46. Plaintiff is without information sufficient to form a belief as to
the truth of this averment.
47. It is denied that the School District has been prejudiced in
remedying the damages by the failure of the filing of a timely claim to enable
deduct-change orders from other contractors.
2
48. Plaintiff is without information sufficient to form a belief as to
the truth of this averment.
49. No response required as the Supplementary Conditions speak for
itself.
50. Plaintiff is without information sufficient to form a belief as to
the truth of this averment.
51. Denied.
52. No response required as the General Conditions speak for itself.
53. It is denied that no application for payment or requisitions for the
lease of equipment were ever submitted by Plaintiff as part of a progress
payment.
54. It is denied that Plaintiff agreed to attend progress meetings and
superintendent meetings every two weeks and additional meetings as required
by Project conditions or changes at no additional cost to the Owner.
55. It is denied that the delays set forth in Plaintiff's Complaint were
modifications of the construction schedule within the discretion permitted to
the Construction Manager. It is further denied that the delays were at no cost
to the Owner.
56. It is denied that Plaintiff failed to attend 46 of the 70
superintendent meetings.
57. Denied.
3
58. Denied.
59. It is denied that Plaintiff replaced its superintendent on three
occasions during the Project without prior written notice.
60. It is denied that Plaintiff had four different superintendents
representing itself at superintendent meetings during the Project.
61. Admitted.
62. It is denied that any equipment mobilization costs were the result
of Plaintiff's failure to understand the specifications or failure to coordinate
properly its work with other trades.
WHEREFORE, Plaintiff, Monarch Painting Systems, Inc., respectfully
requests that this Honorable Court enter judgment in its favor and against
Defendant, East Pennsboro Area School District, consistent with the relief
sought in Monarch Painting Systems, Inc.'s Complaint in this case.
Respectfully submitted,
RILEY AND FANELLI, P.C.
rSUDHIR R. PATEL, ESQUIRE
1. D. No. 75914
The Necho Allen
No. 1 Mahantongo Street
Pottsville, PA 17901
Phone: (570) 622-2455
Fax: (570) 622-5336
4
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Plaintiff's Response to New
Matter of Defendant has been served on the following person(s) in the following
manner:
BY FIRST-CLASS MAIL, POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
Donna S. Weldon, Esquire
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
DATE: 3 `T
f r nstone Keich, Paralegal to
SU IR R. PATEL, ESQUIRE
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Monarch Painting Systems, Inc.
vs Case No. 03-2560
East Pennsboro Area School District
Statement of Intention to Proceed
To the Court:
Monarch Painting Systems, Inc. intends to proceed wi the above captioned matter.
PrintNameSudhir R. Patel, Esq. Sign Name
ell
Date: September 24, 2008 Attorneyfor Monarch Pa; nl-i ng SVGtams, Inc.
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govem the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
If Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document, Statement of
Intention to Proceed, has been served on the following person(s) in the following manner:
BY FIRST-CLASS MAIL, POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
Donna S. Weldon, Esquire
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
DATE: o? O '44" *. "?Jn
Sherry . H aralegal to
SUM R. PATEL, ESQUIRE
CP
r..7 7 . a
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION -LAW
MONARCH PAINTING SYSTEMS, NO. 03-2560
1NC.,
Plaintiff
vs.
EAST PENNSBORO AREA SCHOOL
DISTRICT,
Defendant
PRAECIPE TO DISCONTINUE
TO: CURTIS R. LONG, PROTHONOTARY
Kindly mark the above-captioned case as settled and discontinued with prejudice
pursuant to Pennsylvania Rule of Civil Procedure 229.
Respectfully submitted,
RILEY AND FANELLI, P.C.
~~~~
By:
SUDHIR R. PATEL, ESQUIRE
Attorney for Plaintiff
The Necho Allen
No. 1 Mahantongo Street
Pottsville, PA 17901
(570) 622-2455
Attorney I.D. No. 75914
Dated: November 6, 2009
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION -LAW
MONARCH PAINTING SYSTEMS, NO. 03-2560
INC.,
Plaintiff
vs.
EAST PENNSBORO AREA SCHOOL
DISTRICT,
Defendant
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document, Praecipe to
Discontinue, has been served on the following person(s) in the following manner:
BY FIRST-CLASS MAIL, POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
Stephen L. Grose, Esquire
Keefer Wood Allen & Rahal, LLP
635 North 12t" Street, Suite 400
Lemoyne, PA 17043
DATE: ~~~ ~~
SUDHIR . PATEL, ESQUIRE
~~ .~ ~~.
X41; J 11V ~ ~ v i_ ~~~) iJ•
C';_, ... _ _, . J.,