2020-26 - Approve Design Build of Cove Church

Home Browse Search

.1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and, .3 except for Work directed to be performed prior to the effective date of termination stated in the notice terminate all existing Project agreements, including agreements with the Architect, Consultants, Contractors, and purchase orders, and enter into no further Project agreements and purchase orders. § 13.2.4.3 In case of such termination for the Owner's convenience, the Design -Builder shag be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. .............. ARTICLE 14 CLAIMS AND DISPUTE RESOLUTION § 14.1 Claims § 14.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a mattof right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Design -Builder arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. § 14.1.2 Time Limits on Claims. The Owner and Design -Builder shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other, arising out of or.,,, to the Contract in accordance with the requirements of the binding dispute resolution method selected in Section; .3, within the time period specified by applicable law, but in any case not more than 10 years after the date of bstatil ::Completion of the Work. The Owner and Design -Builder waive all claims and causes of action not commenced m accordance with this Section 14.1.2. § 14.1.3 Notice of Claims § 14.1.3.1 Prior To Final Payment. Prior to Final Payment, Claims by either the Owner or Design -.filer must be initiated by written notice to the other party within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 14.1.3.2 Claims Arising After Final Payment. After Final Payment, Claims by either the Owner or;Isign-Builder that have not otherwise been waived pursuant to Sections 9.10.4 or 9.10.5, must be initiated by prompt written notice to the other party. The notice requirement in Section 14.1.3.1 and the Initial Decision requirement as a condition precedent to mediation in Section 14.2.1 shall not apply. § 14.1.4 Continuing Contract Performance. Pending final resolution of a Claim, except as otherwvise agreed in writing or as provided in Section 9.7 and Article 13, the Design -Builder shall proceed diligently wlth'f performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Bufld Documents. § 14.1.5 Claims for Additional Cost. If the Design -Builder intends to make a Claim for an increas6� the Contract Sum, written notice as provided herein shall be given before proceeding to execute the portion of the Work that relates to the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 14.1.6 Claims for Additional Time:.........:.:::.:.........rr::::.: § 14.1.6.1 If the Design -Builder intends to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Design -Builder's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary.�:.-r § 14.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Ctm shah: e ii'. ilii ;', documented by data substantiating that weather conditions were abnormal for the period of one, coup. not have been reasonably anticipated, and had an adverse effect on the scheduled construction. § 14.1.7 Claims for Consequential Damages f The Design -Builder and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes AIA Document A1411 — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA-1 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAP Document, 30 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:59:58 ET on 04/09/2020 under Order No. 3456073873 which expires on 04/04/2021, and is not for resale. User Notes: (3B9ADA54)