PCM-AIA A201 General Conditions of the Contract Flashcards
Understand the responsibilities outlined in the articles for the Owner, Contractor, and Architect.
A201- 2017 General Conditions of the Contract for Construction
1.) Not a contract alone, but must be attached to the “Standard form of Agreement” contracts.
2.) Defines roles and responsibilities for the Owner, Architect and Contractor.
A201-2017 : Article 1
Basic definitions for:
1.) The Contract Documents (1.1.1)
2.) The Contract (1.1.2)
3.) The Work (1.1.3)
4.) The Project (1.1.4)
5.) The Drawings (1.1.5)
6.) The Specifications (1.1.6)
7.) Instruments of Service (1.1.7)
8.) Initial Desision Maker (1.1.8)
A201- 2017: article 1.1.1, The Contract Documents (form the Contract for Construction)
1.) Enumerated in the Agreement between the Owner and Contractor (A101-2017)
2.) consist of the Agreement - A101-2017,
3.) Conditions of the Contract ( General Conditions, Supplemental Conditions and any other conditions)
4.) Drawings,
5.) Specifications,
6,) Addenda issued prior to execution of the contract
7.) other documents listed in the Agreement
8.) Modifications issued after execution of the contract.
A201-2017: art 1.1.1: How is a modification in the Agreement (A101) achieved?
1.) Modification is a written amendment to the contract and signed by both parties:
2.) Change Order (CO)
3.) Construction Change Directive (CCD)
4.) Written order for minor change in the Work by an Architect
A201-2017: art 1.1.1: What documents are NOT included in the Agreement (unless specifically enumerated)?
1.) Advertisement or Invitation to Bid
2.) Instructions to Bidders,
3.) sample forms,
4.) other information furnished by the owner in anticipation of receiving bids or proposals.
5.) the Contractor’s bid or proposal,
6.) or portions of the Addenda relating to bidding or proposal requirements.
A201-2017: art 1.1.2 The Contract for Construction
1.) formed by the Contract Documents
2.) represents the entire and integrated agreement between the parties
3.) supersedes prior negotiations, representations, or agreements
4.) amended by Modifications only
A201-2017: art 1.1.2 The Contract for Construction: Define contractual relationships.
1.) DOES NOT create a contractual relationship between Contractor and Architect, or his consultants.
2.) DOES NOT create a contractual relationship between Owner and a sub subcontractor, or a sub-sub-contractor.
3.) DOES NOT create a contractual relationship between Owner and the Architect or architect’s consultants.
4.) SHALL create a contractual relationship between the Owner and the Contractor only
5.) SHALL allow the architect to be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties, such as acting as OWNER agent.
A201-2017: art 1.1.3 - The Work
The construction and services required by the Contract Documents, completed or partially completed, includes all labor, materials, equipment, and services provided or to be provided by the contractor to fulfill the contractor’s obligations.
A201-2017: art 1.1.4 - The Project
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 the owner and by separate contractors.
A201-2017: art 1.1.5 - The Drawings
the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.
A201-2017: art 1.1.6 - The Specifications
The portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards, and workmanship for the work, and performance of related services.
A201-2017: art 1.1.7 - Instruments of Service
representations in any medium of expression now known or later developed, of tangible or intangible creative work performed by the Architect and the Architect’s consultants under their respective professional service agreements.
May include: studies, surveys, models, sketches, drawings, specifications, and other similiar material. It is NOT a product!
A201-2017: art 1.1.8 - Initial Decision Maker
The person identified in the Agreement to render initial decisions on Claims in accordance with section 15.2.
IDM shall not show partiality to the Owner or the Contractor.
IDM is not liable for results of interpretations or decisions rendered in good faith.
A201-2017: art 1.1.9 - Intent of the Contract Documents
1.) to included all items necessary for the proper execution and completion of the work by the Contractor.
2.) Contract Documents are complementary. required by one shall be binding as if required by all.
3.) Performance by the contractor shall be required only to the extent consistent with the contract documents, and reasonably inferred from them as being necessary to produce the intended results.
4.) Any illegal or invalid provisions of the Contract Documents will not invalidate the contract. Such invalid provision must be made valid to the fullest extent possible.
A201-2017§ 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service
§ 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and retain all common law, statutory and other reserved rights in their Instruments of Service, including copyrights.
The Contractor, Subcontractors, Sub-subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service.
Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights.
A201-2017§ 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service
§ 1.5.2 The Contractor, Subcontractors, Sub-subcontractors and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8 solely and exclusively for execution of the Work.
All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service.
The Contractor, Subcontractors, Sub-subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect’s consultants.
A201-2017§ 1.6.1 Notice
§ 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement.
A201-2017§ 1.6.2 Notice of Claims
§ 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery.
A201-2017§ 1.8 Building Information Models Use and Reliance
Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building
information model, and each of their agents and employees.
A201-2017-§ 2.1.1 The Owner definition
1.) the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.
2.) The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority.
3.) The term “Owner” means the Owner or the Owner’s authorized representative.
A201-2017 - § 2.2.1 Evidence of the Owner’s Financial Arrangements- why is this important?
1.) Prior to commencement of the Work, and upon request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract.
2.) The Contractor shall have no obligation to commence the Work until the Owner provides such evidence.
3.) If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately.
A201-2017 § 2.1.2 Owner Shall Furnish to Contractor
1.) within in 15 days after receipt of a written request.
2.) information necessary and relevant for the contractor to evaluate, give notice of, or enforce mechanic’s lien rights.
3.) correct statement of the record legal title to the property on which the Project is located.
A201-2017 - § 2.1.2 The Owner shall furnish to the Contractor:
1.) within 15 days, after receipt of a written request by the contractor.
2.) information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic’s lien rights.
3.) a correct statement of the record legal title to the property on which the project is located.
A201-2017 - § 2.1.2 The Owner shall furnish to the Contractor:
1.) within 15 days, after receipt of a written request by the contractor.
2.) information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic’s lien rights.
3.) a correct statement of the record legal title to the property on which the project is located.
A201-2017 § 2.2 Evidence of the Owner’s Financial Arrangements
Why is this important?
§ 2.2.1 Prior to commencement of the Work, and upon request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract.
2.) The Contractor shall have no obligation to commence the Work until the Owner provides such evidence.
3.) If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately.
A201-2017 § 2.2.2 Following commencement of the Work
§ 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract only if
(1) the Owner fails to make payments to the Contractor as the Contract Documents require;
(2) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due; or
(3) a change in the Work materially changes the Contract Sum.
If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor’s request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped.
However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided.
If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents.
A201-2017§ 2.2.3 After the Owner furnishes evidence of financial arrangements.
What are his responsibilities?
§ 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor.
A201-2017§ 2.2.4 Confidential Information disclosure requirements?
§ 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as “confidential,” the Contractor shall keep the information confidential and shall not disclose it to any other person.
However, the Contractor may disclose “confidential” information, after seven (7) days’ notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order.
The Contractor may also disclose “confidential” information to its employees, consultants, sureties, Subcontractors and their employees, Sub-subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. (see B101)
A201-2017 2.3 Information and Services Required of the Owner
§ 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or
occupancy of permanent structures or for permanent changes in existing facilities.
A201-2017 2.3 Information and Services Required of the Owner
§ 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number.
A201-2017 2.3 Information and Services Required of the Owner
§ 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall
be that of the Architect.
A201-2017 2.3 Information and Services Required of the Owner
§ 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site.
The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work.
A201-2017 2.3 Information and Services Required of the Owner
§ 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness.
The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services.
A201-2017 § 2.4 Owner’s Right to Stop the Work
If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3.
A201-2017§ 2.5 Owner’s Right to Carry Out the Work
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect.
Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect or failure.
If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.
If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15.
A201-2017 Article 3 - Contractor
§ 3.1 General
§ 3.1.1 The Contractor 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 Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located.
The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract.
The term “Contractor” means the Contractor or the Contractor’s authorized representative.
A201-2017 Article 3 - Contractor
§ 3.1 General..cont.
§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents.
§ 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities
other than the Contractor.
A201-2017§ 3.2 Review of Contract Documents and Field Conditions by Contractor
§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents.
A201-2017§ 3.2 Review of Contract Documents and Field Conditions by Contractor
§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it.
These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require.
It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents.
A201-2017§ 3.2 Review of Contract Documents and Field Conditions by Contractor
§ 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require.
A201-2017§ 3.2 Review of Contract Documents and Field Conditions by Contractor
§ 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15.
If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations.
If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities.
A201-2017§ 3.3 Supervision and Construction Procedures
B101 Means and Methods managed by Contractor
§ 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 the Contract. _
If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures.
If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences or procedures.
The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction.
Unless the Architect objects to the Contractor’s proposed alternative, the Contractor shall perform the Work using its alternative means, methods, techniques, sequences or procedures.
A201-2017§ 3.3 Supervision and Construction Procedures…cont.
§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors.
§ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work.
A201-2017§ 3.4 Labor and Materials
§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.
§ 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive.
§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them.
A201-2017§ 3.5 Warranty (Contractor to Owner)
§ 3.5.1 The Contractor warrants_ to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise._
The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective.
The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage.
If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
§ 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4
A201-2017§ 3.7 Permits, Fees, Notices, and Compliance with Laws
§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded.
§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work.
§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction.
A201-2017§ 3.7.4 Concealed or Unknown Conditions
If the Contractor encounters conditions at the site that are
(1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or
(2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions.
The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both.
If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons.
If either party disputes the Architect’s determination or recommendation, that party may submit a Claim as provided in Article 15
A201-2017§ 3.7.5 Uncovering Human Remains
§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect.
Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations.
The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features.
Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15.
A201-2017§ 3.8 Allowances
§ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection.
§ 3.8.2 Unless otherwise provided in the Contract Documents,
* .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts;
* .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and
* .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order.
The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2.
§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness.
A201-2017§ 3.9 Superintendent
§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.
The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor.
§ 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review.
Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection.
§ 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection.
The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed.
A201-2017§ 3.10 Contractor’s Construction Schedules
§ 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work.
The schedule shall contain detail appropriate for the Project, including
(1) the date of commencement of the Work, interim schedule milestone dates and the date of Substantial Completion;
(2) an apportionment of the Work by construction activity; and
(3) the time required for completion of each portion of the Work.
The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents.
The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project.
A201-2017§ 3.10 Contractor’s Submittal Schedules
§ 3.10.2 The Contractor shall promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect’s approval.
The Architect’s approval shall not be unreasonably delayed or withheld.
The submittal schedule shall
(1) be coordinated with the Contractor’s construction schedule, and
(2) allow the Architect reasonable time to review submittals.
If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals.
A201-2017§ 3.11 Documents and Samples at the Site
§ 3.11 The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples and similar required submittals.
These shall be in electronic form or paper copy, available to the Architect and Owner, and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed.
A201-2017§ 3.12 Shop Drawings
§ 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work.
A201-2017§ 3.12 Product Data
§ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
A201-2017§ 3.12 Samples
§ 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship, and establish standards by which the Work will be judged.
A201-2017§ 3.12 Shop Drawings, Product Data and Samples
§ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals.
Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action.
A201-2017§ 3.12 Shop Drawings, Product Data and Samples
§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors.
A201-2017§ 3.12 Shop Drawings, Product Data and Samples
§ 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has
(1) reviewed and approved them,
(2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and
(3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.
A201-2017§ 3.12 Shop Drawings, Product Data and Samples - approval by Architect
§ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals until the respective submittal has been approved by the Architect.
A201-2017§ 3.12 Shop Drawings, Product Data and Samples - Deviation of the Work approvals
§ 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples, or similar submittals unless the Contractor has specifically notified the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation.
The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals, by the Architect’s approval thereof.
A201-2017§ 3.12 Shop Drawings, Product Data and Samples - Resubmittals
§ 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 Architect on previous submittals. In the absence of such notice, the Architect’s approval of a resubmission shall not apply to such revisions.
A201-2017§ 3.12 Shop Drawings, Product Data and Samples - Defer Submittals
§ 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law.
A201-2017§ 3.12 Shop Drawings, Product Data and Samples - Defer Submittals
High pile design must meet performance and design criteria
§ 3.12.10.1. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy.
The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents.
The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional.
Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.
A201-2017§ 3.12 Shop Drawings, Product Data and Samples - Defer Submittals
§ 3.12.10.2 If the Contract Documents require the Contractor’s design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect.
A201-2017§ 3.13 Use of Site
The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment.
A201-2017§ 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. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required
by the Contract Documents.
A201-2017§ 3.15 Cleaning Up
§ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials from and about the Project.
§ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor.
A201-2017§ 3.16 Access to Work
The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located.
A201-2017§ 3.17 Royalties, Patents, and Copyrights
The Contractor shall pay all royalties and license fees.
The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect.
However, if an infringement of a copyright or a patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for
the loss unless the information is promptly furnished to the Architect.
A201-2017§ 3.18 Indemnification - Hold harmless
§ 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s 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, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 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 Section 3.18.
A201-2017§ 3.18 Indemnification - Claims
§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.
A201-2017 Article 4 - Architect
§ 4.1 General
§ 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement.
§ 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld.
A201-2017 § 4.2 Administration of the Contract - Architect
§ 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Architect issues the final Certificate For Payment.
The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents.
A201-2017 § 4.2 Administration of the Contract - Architect
§ 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents.
However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.
The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents.
A201-2017 § 4.2 Administration of the Contract - Architect
Site visits
§ 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner
(1) known deviations from the Contract Documents,
(2) known deviations from the most recent construction schedule submitted by the Contractor, and
(3) defects and deficiencies observed in the Work.
The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of
the Work.
A201-2017 § 4.2 Administration of the Contract - Architect
§ 4.2.4 Communications
The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities.
The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project.
Communications by and with the Architect’s consultants shall be through the Architect.
Communications by and with Subcontractors and suppliers shall be through the Contractor.
Communications by and with Separate Contractors shall be through the Owner.
The Contract Documents may specify other communication protocols.
A201-2017§ 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment
The Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.
A201-2017§ 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents.
The Architect has authority to reject Work that does not conform to the Contract Documents.
Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed.
However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work.
A201-2017§ 4.2.7 The Architects review and approval of Submittals
§ 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.
The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review.
Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents.
The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12.
The Architect’s review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures.
The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.
A201-2017§ 4.2.8 The Architect - Change Orders and Construction Change Directives
(Time, Cost, Scope)
§ 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order minor changes in the Work as provided in Section 7.4.
The Architect will investigate and make determinations and
recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.
A201-2017§ 4.2.9 The Architect will conduct inspections - project completion dates
§ 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor
pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10.
A201-2017§ 4.2.10 Architect’s Project representatives
§ 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect’s responsibilities at the site. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the
Project representatives.
A201-2017§ 4.2.11 Architect’s interpretation of written requests
§ 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests will be made in writing within any time limits agreed upon or
otherwise with reasonable promptness.
A201-2017§ 4.2.12 Interpretations and decisions of the Architect - Render in Good faith
§ 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings.
When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith.
A201-20174.2.13 The Architect’s decisions - aesthetic effect
§ 4.2.13 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents.
A201-2017§ 4.2.14 The Architect will review and respond to requests for information
§ 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information.
A201-2017§ 5.1 Definitions: Subcontractor
§ 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 a Separate Contractor or the subcontractors of a Separate Contractor.
A201-2017§ 5.1 Definitions: Sub-subcontractor
§ 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.
A201-2017§ 5.2 Award of Subcontracts and Other Contracts for Portions of the Work
§ 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design.
Within 14 days of receipt of the information, the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review.
Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection.
A201-2017§ 5.2.2 Reasonable and timely objections
§ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection.
§ 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection.
If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work.
However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required.
A201-2017§ 5.3 Subcontract Relations
By appropriate agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, that the Contractor, by these Contract Documents, assumes toward the Owner and Architect.
Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner.
Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents.
Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors.
A201-2017§ 5.4 Contingent Assignment of Subcontracts
§ 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that
* .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and
* .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract.
A201-2017§ 5.4 Suspension of Assignment of Subcontracts
§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension.
Article 6 - Construction by Owner or by Separate Contractors
A201-2017A201-2017§ 6.1 Owner’s Right to Perform Construction and to Award Separate Contracts
§ 6.1.1 The term “Separate Contractor(s)” shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation.
A201-2017§ 6.1.2 definition of Contractor under “separate” contracts
§ 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term “Contractor” in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement.
A201-2017§ 6.1.3 The Owner’s responsibility for coordinating other “seperate contractor” schedules with main contractor.
§ 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them.
The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules.
The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement.
The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised.
