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the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the <br />Contractor's Work, except as to defects not then reasonably discoverable. <br />§ 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor <br />because of the Contractor's delays, irnproperly timed activities or defective construction. The Owner shall be <br />responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly <br />timed activities, damage to the Work or defective construction. <br />•§ 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes tocompleted or partially <br />completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. <br />§ 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are <br />described for the Contractor in Section 3.14. <br />§ 6.3 OWNER'S RIGHT TO CLEAN UP <br />If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their <br />respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish; the <br />Owner may clean up and the Architect will allocate the cost among those responsible. <br />ARTICLE 7 CHANGES IN THE WORK: <br />§ 7.1 GENERAL f 6 <br />§ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without'invalidatirig the , <br />Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the <br />limitations stated in this Article 7 and elsewhere in the Contract Documents. <br />§ 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction <br />Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the f" <br />Contractor; an order for a minor change in the Work may be issued by the Architect alone. <br />§ 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the <br />Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive <br />or order for a minor change in the Work. <br />§ 7.2 CHANGE ORDERS <br />§ 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and <br />Architect stating their agreement upon all of the following: <br />.1 The change in the Work; <br />.2 The amount of the adjustment, if any, in the Contract Sum; and <br />.3 The extent of the adjustment, if any, in the Contract Time. <br />§ 7.3 CONSTRUCTION CHANGE DIRECTIVES i t' <br />§ 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the O%f nerl and <br />Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract <br />Time, or both. The Owner may by Construction Change Directive, without invalidating the+Contract, order changes <br />in the Work within the general scope of the Contract consisting of additions, deletions or other"revisions, the = - , • <br />Contract Sum and Contract Time being adjusted accordingly. <br />§ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change <br />. <br />Order. . <br />§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Su`, the adjustment shall be <br />based on one of the following methods:: <br />.1 Mutual acceptance of a lump sum properly itemized and supported by sufficientsubstantiating data to <br />permit evaluation; <br />.2 Unit prices stated in the Contract Documents or subsequently agreed upon; <br />.3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or <br />percentage fee; or <br />AIA Document A201"' — 2007. Copyright O 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The <br />American Institute of Architects. All rights reserved. WARNING: This ATA' Document is protected by U.S. Copyright Law and International <br />Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal <br />penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:05:44 on <br />08/20/2009 under Order No.3726989292_1 which expires on 05/28/2010, and is not for resale. <br />User Notes: <br />(926118731) <br />