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§ 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
<br />The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to
<br />this Contract. This mutual waiver includes
<br />.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
<br />business and reputation, and for loss of management or employee productivity or of the services of
<br />such persons; and
<br />.2 damages incurred by the Contractor for principal office expenses including the compensation of
<br />personnel stationed there, for losses of financing, business and reputation, and for loss of profit
<br />except anticipated profit arising directly from the Work.
<br />This mutual waiver is applicable, without limitation, to all consequential damages due to either; party's termination -- _-
<br />in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of
<br />liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.
<br />§ 15.2 INITIAL DECISION
<br />§ 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shallbe; referred to the Initial
<br />Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise
<br />indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be
<br />required as a condition precedent to mediation of any Claim arising prior to the date final payment is due;,, unless 30
<br />days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been
<br />rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will'not :decide
<br />disputes between the Contractor and persons or entities other than the Owner.
<br />§ 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or
<br />more of the following actions: (1) request additional supporting data from the claimant or a response with supporting
<br />data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a comproinise;
<br />or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker
<br />lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that;•in the
<br />Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the
<br />Claim.
<br />§ 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with, or seek
<br />information from either party or from persons with special knowledge or expertise who may assist the Initial
<br />Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of
<br />such persons at the Owner's expense.
<br />§ 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional
<br />supporting data, such party shall respond, within ten days after receipt of such request, and shall eitlier'(1) prrovide a
<br />response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting,
<br />data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be famished. Upon :'`
<br />receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim
<br />in whole or in part. ;
<br />§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that
<br />the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be inwriting;(2)-state the
<br />reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision
<br />Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding,
<br />on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding
<br />dispute resolution. "._
<br />§ 15.2.6 Either
<br />party may file for mediation of an initial decision at any time, subject to the t'erins of Section 15.2.6.1.
<br />§ 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party
<br />file for mediation within 60 days of the initial decision. If such a demand is made and the partylreceiving the
<br />demand fails to file for mediation within the time required, then both parties waive their rights t� mediate of pursue
<br />binding dispute resolution proceedings with respect to the initial decision.
<br />AIA Document A2O1' - 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 AIA 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.37269892921 which expires on 05/28/2010, and is not for resale.
<br />User Notes: (926118731)
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