Masonry Magazine May 1967 Page. 30
Revisions To AIA Document A201
(Continued from page 29) to the superintendent shall be as binding as if given to the Contractor. Important communications will be confirmed in writing. Other communications will be so confirmed on written request in each case.
Article 5-Subcontractors
5. 2. 2 If, prior to the award of the Contract, the Owner or Architect has a reasonable and substantial objection to AND REFUSES TO ACCEPT any person or organization on such list, and refuses in writing to accept such person or organization, the successful bidder may, prior to the award, withdraw his bid without forefeiture of bid security. If the successful bidder submits an acceptable substitute with an increase in his bid price to cover the difference in cost occasioned by such substitution, the Owner may, at his discretion accept the increased bid price or he may disqualify the bid. If, after the award, the Owner or Architect refuses to accept any person or organization on such list, the Contractor shall submit an acceptable substitute and the Contract Sum shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued; however, no increase in the Contract Sum shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting a name with respect thereto prior to the award.
6. 4. 2 If the Architect fails to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay that Subcontractor on demand, made at any time after the Certificate for Payment should otherwise have been issued, for his Work to the extent completed, less the retained percentage.
Article 6-Separate Contracts.
7. 2. 3 Should the Contractor cause damage to the work or property of any separate contractor on the Project, the Contractor shall, upon due notice, settle with such other contractor by agreement or arbitration, if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Owner's expense AND PAY ALL COSTS IN CONNECTION THEREWITH, and, if any judgment against the Owner arises there-from the Contractor shall pay or satisfy it, and reimburse the Owner for all attorney's fees and court costs the Owner has incurred.
Article 7-Miscellaneous Provisions
8. 8. 2 If after the commencement of the Work the Architect determines that any Work requires special inspection, testing or approval which Subparagraph 7. 8. 1 does not include, he will, upon written authorization from the Owner, instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as in Subparagraph 7. 8. 1. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents, or with respect to the performance of the Work, with laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, the Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such failure; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued.
9. 10. 1 All claims, disputes and other matters in question arising out of, or relating to, this Contract or the breach thereof, except as est forth in Subparagraph 2. 2. 9 with respect to the Architect's decisions on matters relating to artistic effect, and except for claims which have been (Continued on page 36)
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MASONRY .
May, 1967