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after the Claim has been referred to the Architect with no decision having been rendered by the Architect.The
<br /> Architect will not decide disputes between the Contractor and persons or entities other than the Owner.
<br /> §4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the
<br /> following actions: (1)request additional suppoRing data from the claimant or a response with supporting data from
<br /> the other party, (Z)reject the Claim in whole or in part,(3)approve the Claim, (4)suggest a compromise, or(5)
<br /> advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to
<br /> evaluate the merits of the Claim or if the Architect concludes that,in the Architect's sole discretion,it would be
<br /> inappropriate for the Architect to resolve the Claim.
<br /> §4.4.3 In evaluating Claims,the Architect may,but shall not be obligated to,consult with or seek information from
<br /> either party or from persons with special knowledge or expertise who may assist the Architect in rendering a
<br /> decision.The Architect may request the Owner to authorize retention of such persons at the Owner's expense.
<br /> §4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data,
<br /> such party shall respond,within ten days after receipt of such request,and shall either provide a response on the
<br /> requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the
<br /> Architect that no supporting data will be fumished.Upon receipt of the response or supporting data,if any,the
<br /> Architect will either reject or approve the Claim in whole or in part.
<br /> §4.4.5 The Architect will approve or reject Claims by written decision, which shall state the reasons therefor and
<br /> which shall notify the parties of any change in the Contract Sum or Contract Time or both.The approval or rejection
<br /> of a Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration.
<br /> §4.4.6 When a written decision of the Architect states that(1)the decision is final but subject to mediation and
<br /> arbitration and(2)a demand for arbitration of a Claim covered by such decision must be made within 30 days after
<br /> the date on which the paRy making the demand receives the final written decision,then failure to demand arbitration
<br /> within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and
<br /> Contractor.If the Architect renders a decision after arbitration proceedings have been initiated,such decision may
<br /> be entered as evidence,but shall not supersede arbitration proceedings unless the decision is acceptable to all parties
<br /> concerned.
<br /> §4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter,the Architect or the Owner may,but
<br /> is not obligated to,notify the surety,if any,of the nature and amount of the Claim. If the Claim relates to a
<br /> possibility of a Contractor's default,the Architect or the Owner may,but is not obligated to,notify the surety and
<br /> request the surety's assistance in resolving the controversy.
<br /> §4.4.8 If a Claim relates to or is the subject of a mechanic's lien,the party asserting such Claim may proceed in
<br /> accordance with applicable law to comply with the lien notice or filing deadlines priar to resolution of the Claim by
<br /> the Architect,by mediation or by arbitration.
<br /> §4.5 MEDIATION
<br /> §4.5.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those
<br /> waived as provided for in Sections 4.3.10,9.10.4 and 9.10.5 shall, after initial decision by the Architect or 30 days
<br /> after submission of the Claim to the Architect,be subject to mediation as a condition precedent to arbitration or the
<br /> institution of legal or equitable proceedings by either party.
<br /> §4.5.2 The parties shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree
<br /> otherwise,shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration
<br /> Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract
<br /> and with the American Arbitration Association.The request may be made concunenfly with the filing of a demand
<br /> for arbitration but,in such event,mediation shall proceed in advance of arbitration or legal or equitable proceedings,
<br /> which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer
<br /> period by agreement of the parties or court order.
<br /> AIA Document A201TM—1997.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American
<br /> Institute of Architects. All rights reserved. WARNING:This AIA� Document is protected by U.S.Copyright Law and International Treaties. 21
<br /> Unauthorized reproduction or distribution of this AIA�Document,or any portion of it,may result in severe civil and criminal penalties,and will be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:16:56 on 03/13/2007 under Order
<br /> No.UNLICENSED which expires on 11/18/2007,and is not for resale.
<br /> User Notes: (2584627897)
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