AIA Document A201 - 2007: General Conditions of The Contract For Construction

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AIA Document A201 –
2007
General Conditions of the Contract for Construction
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TABLE OF ARTICLES
1 GENERAL PROVISIONS
2 OWNER
3 CONTRACTOR
4 ARCHITECT
5 SUBCONTRACTORS
6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

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9 PAYMENTS AND COMPLETION this document.
10 PROTECTION OF PERSONS AND PROPERTY

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11 INSURANCE AND BONDS
12 UNCOVERING AND CORRECTION OF WORK
13 MISCELLANEOUS PROVISIONS
14 TERMINATION OR SUSPENSION OF THE CONTRACT
15 CLAIMS AND DISPUTES
INDEX Architect’s Additional Services and Expenses
(Numbers and Topics in Bold are Section Headings) 2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4
Architect’s Administration of the Contract
3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5
Acceptance of Nonconforming Work Architect’s Approvals
9.6.6, 9.9.3, 12.3 2.4.1, 3.1.3, 3.5.1, 3.10.2, 4.2.7
Acceptance of Work Architect’s Authority to Reject Work
9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 3.5.1, 4.2.6, 12.1.2, 12.2.1
Access to Work Architect’s Copyright
3.16, 6.2.1, 12.1 1.1.7, 1.5
Accident Prevention Architect’s Decisions
10 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14,
Acts and Omissions 6.3.1, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2.1, 9.4.1, 9.5, 9.8.4,
3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 9.9.1, 13.5.2, 15.2, 15.3
10.2.8, 13.4.2, 13.7.1, 14.1, 15.2 Architect’s Inspections
Addenda 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5
1.1.1, 3.11.1 Architect’s Instructions
Additional Costs, Claims for 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2
3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Architect’s Interpretations
Additional Inspections and Testing 4.2.11, 4.2.12
9.4.2, 9.8.3, 12.2.1, 13.5 Architect’s Project Representative
Additional Insured 4.2.10
11.1.4 Architect’s Relationship with Contractor
Additional Time, Claims for 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1,
3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18,
Administration of the Contract 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5,
3.1.3, 4.2, 9.4, 9.5 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5,
Advertisement or Invitation to Bid 15.2
1.1.1 Architect’s Relationship with Subcontractors
Aesthetic Effect 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7
4.2.13 Architect’s Representations
Allowances 9.4.2, 9.5.1, 9.10.1
3.8, 7.3.8 Architect’s Site Visits
All-risk Insurance 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5
11.3.1, 11.3.1.1 Asbestos
Applications for Payment 10.3.1
4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.10, Attorneys’ Fees
11.1.3 3.18.1, 9.10.2, 10.3.3
Approvals Award of Separate Contracts
2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 6.1.1, 6.1.2
4.2.7, 9.3.2, 13.5.1 Award of Subcontracts and Other Contracts for
Arbitration Portions of the Work
8.3.1, 11.3.10, 13.1.1, 15.3.2, 15.4 5.2
ARCHITECT Basic Definitions
4 1.1
Architect, Definition of Bidding Requirements
4.1.1 1.1.1, 5.2.1, 11.4.1
Architect, Extent of Authority Binding Dispute Resolution
2.4.1, 3.12.7, 4.1, 4.2, 5.2, 6.3.1, 7.1.2, 7.3.7, 7.4, 9.7.1, 11.3.9, 11.3.10, 13.1.1, 15.2.5, 15.2.6.1, 15.3.1,
9.2.1, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 15.3.2, 15.4.1
12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Boiler and Machinery Insurance
Architect, Limitations of Authority and 11.3.2
Responsibility Bonds, Lien
2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 7.3.7.4, 9.10.2, 9.10.3
4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4.1, Bonds, Performance, and Payment
9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4
Building Permit Completion, Substantial
3.7.1 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3,
Capitalization 12.2, 13.7
1.3 Compliance with Laws
Certificate of Substantial Completion 1.6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4,
9.8.3, 9.8.4, 9.8.5 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6,
Certificates for Payment 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3
4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, Concealed or Unknown Conditions
9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 3.7.4, 4.2.8, 8.3.1, 10.3
Certificates of Inspection, Testing or Approval Conditions of the Contract
13.5.4 1.1.1, 6.1.1, 6.1.4
Certificates of Insurance Consent, Written
9.10.2, 11.1.3 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1,
Change Orders 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2
1.1.1, 2.4.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, Consolidation or Joinder
5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 15.4.4
8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, CONSTRUCTION BY OWNER OR BY
12.1.2, 15.1.3 SEPARATE CONTRACTORS
Change Orders, Definition of 1.1.4, 6
7.2.1 Construction Change Directive, Definition of
CHANGES IN THE WORK 7.3.1
2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 7.4.1, 8.3.1, Construction Change Directives
9.3.1.1, 11.3.9 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3,
Claims, Definition of 9.3.1.1
15.1.1 Construction Schedules, Contractor’s
CLAIMS AND DISPUTES 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2
3.2.4, 6.1.1, 6.3.1, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, Contingent Assignment of Subcontracts
15.4 5.4, 14.2.2.2
Claims and Timely Assertion of Claims Continuing Contract Performance
15.4.1 15.1.3
Claims for Additional Cost Contract, Definition of
3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 1.1.2
Claims for Additional Time CONTRACT, TERMINATION OR
3.2.4, 3.7.46.1.1, 8.3.2, 10.3.2, 15.1.5 SUSPENSION OF THE
Concealed or Unknown Conditions, Claims for 5.4.1.1, 11.3.9, 14
3.7.4 Contract Administration
Claims for Damages 3.1.3, 4, 9.4, 9.5
3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, Contract Award and Execution, Conditions Relating
11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 to
Claims Subject to Arbitration 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1
15.3.1, 15.4.1 Contract Documents, The
Cleaning Up 1.1.1
3.15, 6.3 Contract Documents, Copies Furnished and Use of
Commencement of the Work, Conditions Relating to 1.5.2, 2.2.5, 5.3
2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, Contract Documents, Definition of
6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, 1.1.1
15.1.4 Contract Sum
Commencement of the Work, Definition of 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4,
8.1.2 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4,
Communications Facilitating Contract 15.2.5
Administration Contract Sum, Definition of
3.9.1, 4.2.4 9.1
Completion, Conditions Relating to Contract Time
3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4,
9.10, 12.2, 13.7, 14.1.2 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7.1, 10.3.2, 12.1.1, 14.3.2,
COMPLETION, PAYMENTS AND 15.1.5.1, 15.2.5
9 Contract Time, Definition of
8.1.1 Costs
CONTRACTOR 2.4.1, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3,
3 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6,
Contractor, Definition of 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14
3.1, 6.1.2 Cutting and Patching
Contractor’s Construction Schedules 3.14, 6.2.5
3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Damage to Construction of Owner or Separate
Contractor’s Employees Contractors
3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3,
11.1.1, 11.3.7, 14.1, 14.2.1.1, 12.2.4
Contractor’s Liability Insurance Damage to the Work
11.1 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 12.2.4
Contractor’s Relationship with Separate Contractors Damages, Claims for
and Owner’s Forces 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1,
3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6
Contractor’s Relationship with Subcontractors Damages for Delay
1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2
11.3.1.2, 11.3.7, 11.3.8 Date of Commencement of the Work, Definition of
Contractor’s Relationship with the Architect 8.1.2
1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, Date of Substantial Completion, Definition of
3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 8.1.3
6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, Day, Definition of
10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 8.1.4
Contractor’s Representations Decisions of the Architect
3.2.1, 3.2.2, 3.5.1, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3,
Contractor’s Responsibility for Those Performing the 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2.1, 9.4, 9.5.1, 9.8.4, 9.9.1,
Work 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2
3.3.2, 3.18, 5.3.1, 6.1.3, 6.2, 9.5.1, 10.2.8 Decisions to Withhold Certification
Contractor’s Review of Contract Documents 9.4.1, 9.5, 9.7, 14.1.1.3
3.2 Defective or Nonconforming Work, Acceptance,
Contractor’s Right to Stop the Work Rejection and Correction of
9.7 2.3.1, 2.4.1, 3.5.1, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6,
Contractor’s Right to Terminate the Contract 9.8.2, 9.9.3, 9.10.4, 12.2.1
14.1, 15.1.6 Defective Work, Definition of
Contractor’s Submittals 3.5.1
3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, Definitions
9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 1.1, 2.1.1, 3.1.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1,
Contractor’s Superintendent 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1
3.9, 10.2.6 Delays and Extensions of Time
Contractor’s Supervision and Construction 3.2., 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1,
Procedures 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5
1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, Disputes
7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 6.3.1, 7.3.9, 15.1, 15.2
Contractual Liability Insurance Documents and Samples at the Site
11.1.1.8, 11.2 3.11
Coordination and Correlation Drawings, Definition of
1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 1.1.5
Copies Furnished of Drawings and Specifications Drawings and Specifications, Use and Ownership of
1.5, 2.2.5, 3.11 3.11
Copyrights Effective Date of Insurance
1.5, 3.17 8.2.2, 11.1.2
Correction of Work Emergencies
2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 10.4, 14.1.1.2, 15.1.4
Correlation and Intent of the Contract Documents Employees, Contractor’s
1.2 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2,
Cost, Definition of 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1
7.3.7 Equipment, Labor, Materials or
1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13.1, Insurance
3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11
9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Insurance, Boiler and Machinery
Execution and Progress of the Work 11.3.2
1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5.1, Insurance, Contractor’s Liability
3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 11.1
9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Insurance, Effective Date of
Extensions of Time 8.2.2, 11.1.2
3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4.1, 9.5.1, 9.7.1, Insurance, Loss of Use
10.3.2, 10.4.1, 14.3, 15.1.5, 15.2.5 11.3.3
Failure of Payment Insurance, Owner’s Liability
9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 11.2
Faulty Work Insurance, Property
(See Defective or Nonconforming Work) 10.2.5, 11.3
Final Completion and Final Payment Insurance, Stored Materials
4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 9.3.2, 11.4.1.4
12.3.1, 14.2.4, 14.4.3 INSURANCE AND BONDS
Financial Arrangements, Owner’s 11
2.2.1, 13.2.2, 14.1.1.4 Insurance Companies, Consent to Partial Occupancy
Fire and Extended Coverage Insurance 9.9.1, 11.4.1.5
11.3.1.1 Insurance Companies, Settlement with
GENERAL PROVISIONS 11.4.10
1 Intent of the Contract Documents
Governing Law 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4
13.1 Interest
Guarantees (See Warranty) 13.6
Hazardous Materials Interpretation
10.2.4, 10.3 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1
Identification of Subcontractors and Suppliers Interpretations, Written
5.2.1 4.2.11, 4.2.12, 15.1.4
Indemnification Judgment on Final Award
3.17.1, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 15.4.2
11.3.7 Labor and Materials, Equipment
Information and Services Required of the Owner 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1,
2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3,
9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2.1, 11.4, 13.5.1, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2
13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Labor Disputes
Initial Decision 8.3.1
15.2 Laws and Regulations
Initial Decision Maker, Definition of 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13.1, 4.1.1, 9.6.4, 9.9.1,
1.1.8 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2,
Initial Decision Maker, Decisions 13.6.1, 14, 15.2.8, 15.4
14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Liens
Initial Decision Maker, Extent of Authority 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8
14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, Limitations, Statutes of
15.2.5 12.2.5, 13.7, 15.4.1.1
Injury or Damage to Person or Property Limitations of Liability
10.2.8, 10.4.1 2.3.1, 3.2.2, 3.5.1, 3.12.10, 3.17.1, 3.18.1, 4.2.6,
Inspections 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3,
3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 11.1.2, 11.2.1, 11.3.7, 12.2.5, 13.4.2
9.9.2, 9.10.1, 12.2.1, 13.5 Limitations of Time
Instructions to Bidders 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7,
1.1.1 5.2, 5.3.1, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2.1, 9.3.1,
Instructions to the Contractor 9.3.3, 9.4.1, 9.5, 9.6, 9.7.1, 9.8, 9.9, 9.10, 11.1.3,
3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15
Instruments of Service, Definition of Loss of Use Insurance
1.1.7 11.3.3
Material Suppliers 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2,
1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2.1, 11.3, 13.5.1,
Materials, Hazardous 13.5.2, 14.1.1.4, 14.1.4, 15.1.3
10.2.4, 10.3 Owner’s Authority
Materials, Labor, Equipment and 1.5, 2.1.1, 2.3.1, 2.4.1, 3.4.2, 3.8.1, 3.12.10, 3.14.2,
1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5.1, 3.8.2, 3.8.3, 3.12, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3.1,
3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4,
9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2,
14.2.1.2 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7
Means, Methods, Techniques, Sequences and Owner’s Financial Capability
Procedures of Construction 2.2.1, 13.2.2, 14.1.1.4
3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Owner’s Liability Insurance
Mechanic’s Lien 11.2
2.1.2, 15.2.8 Owner’s Loss of Use Insurance
Mediation 11.3.3
8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, Owner’s Relationship with Subcontractors
15.4.1 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2
Minor Changes in the Work Owner’s Right to Carry Out the Work
1.1.1, 3.12.8, 4.2.8, 7.1, 7.4 2.4, 14.2.2
MISCELLANEOUS PROVISIONS Owner’s Right to Clean Up
13 6.3
Modifications, Definition of Owner’s Right to Perform Construction and to
1.1.1 Award Separate Contracts
Modifications to the Contract 6.1
1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7.1, Owner’s Right to Stop the Work
10.3.2, 11.3.1 2.3
Mutual Responsibility Owner’s Right to Suspend the Work
6.2 14.3
Nonconforming Work, Acceptance of Owner’s Right to Terminate the Contract
9.6.6, 9.9.3, 12.3 14.2
Nonconforming Work, Rejection and Correction of Ownership and Use of Drawings, Specifications
2.3.1, 2.4.1, 3.5.1, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, and Other Instruments of Service
9.10.4, 12.2.1 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11.1, 3.17.1,
Notice 4.2.12, 5.3.1
2.2.1, 2.3.1, 2.4.1, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, Partial Occupancy or Use
9.7.1, 9.10, 10.2.2, 11.1.3, 11.4.6, 12.2.2.1, 13.3, 9.6.6, 9.9, 11.3.1.5
13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1 Patching, Cutting and
Notice, Written 3.14, 6.2.5
2.3.1, 2.4.1, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7.1, Patents
9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 3.17
15.2.8, 15.4.1 Payment, Applications for
Notice of Claims 4.2.5, 7.3.9, 9.2.1, 9.3, 9.4, 9.5, 9.6.3, 9.7.1, 9.8.5,
3.7.4, 4.5, 10.2.8, 15.1.2, 15.4 9.10.1, 14.2.3, 14.2.4, 14.4.3
Notice of Testing and Inspections Payment, Certificates for
13.5.1, 13.5.2 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1,
Observations, Contractor’s 9.10.3, 13.7, 14.1.1.3, 14.2.4
3.2, 3.7.4 Payment, Failure of
Occupancy 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2
2.2.2, 9.6.6, 9.8, 11.3.1.5 Payment, Final
Orders, Written 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5,
1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 12.3.1, 13.7, 14.2.4, 14.4.3
13.5.2, 14.3.1 Payment Bond, Performance Bond and
OWNER 7.3.7.4, 9.6.7, 9.10.3, 11.4.9, 11.4
2 Payments, Progress
Owner, Definition of 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3
2.1.1 PAYMENTS AND COMPLETION
Owner, Information and Services Required of the 9
Payments to Subcontractors Rights and Remedies
5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 11.4.8, 1.1.2, 2.3, 2.4, 3.5.1, 3.7.4, 3.15.2, 4.2.6, 4.5, 5.3, 5.4,
14.2.1.2 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2,
PCB 12.2.4, 13.4, 14, 15.4
10.3.1 Royalties, Patents and Copyrights
Performance Bond and Payment Bond 3.17
7.3.7.4, 9.6.7, 9.10.3, 11.4.9, 11.4 Rules and Notices for Arbitration
Permits, Fees, Notices and Compliance with Laws 15.4.1
2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 Safety of Persons and Property
PERSONS AND PROPERTY, PROTECTION 10.2, 10.4
OF Safety Precautions and Programs
10 3.3.1, 4.2.2, 4.2.7, 5.3.1, 10.1, 10.2, 10.4
Polychlorinated Biphenyl Samples, Definition of
10.3.1 3.12.3
Product Data, Definition of Samples, Shop Drawings, Product Data and
3.12.2 3.11, 3.12, 4.2.7
Product Data and Samples, Shop Drawings Samples at the Site, Documents and
3.11, 3.12, 4.2.7 3.11
Progress and Completion Schedule of Values
4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3 9.2, 9.3.1
Progress Payments Schedules, Construction
9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 1.4.1.2, 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2
Project, Definition of the Separate Contracts and Contractors
1.1.4 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 11.4.7,
Project Representatives 12.1.2
4.2.10 Shop Drawings, Definition of
Property Insurance 3.12.1
10.2.5, 11.3 Shop Drawings, Product Data and Samples
PROTECTION OF PERSONS AND PROPERTY 3.11, 3.12, 4.2.7
10 Site, Use of
Regulations and Laws 3.13, 6.1.1, 6.2.1
1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, Site Inspections
10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5
15.2.8, 15.4 Site Visits, Architect’s
Rejection of Work 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5
3.5.1, 4.2.6, 12.2.1 Special Inspections and Testing
Releases and Waivers of Liens 4.2.6, 12.2.1, 13.5
9.10.2 Specifications, Definition of the
Representations 1.1.6
3.2.1, 3.5.1, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, Specifications, The
9.8.2, 9.10.1 1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14
Representatives Statute of Limitations
2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 13.7, 15.4.1.1
5.1.2, 13.2.1 Stopping the Work
Responsibility for Those Performing the Work 2.3, 9.7, 10.3, 14.1
3.3.2, 3.18, 4.2.3, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10 Stored Materials
Retainage 6.2.1, 9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4
9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Subcontractor, Definition of
Review of Contract Documents and Field 5.1.1
Conditions by Contractor SUBCONTRACTORS
3.2, 3.12.7, 6.1.3 5
Review of Contractor’s Submittals by Owner and Subcontractors, Work by
Architect 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2,
3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 9.6.7
Review of Shop Drawings, Product Data and Subcontractual Relations
Samples by Contractor 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 11.4.7, 11.4.8,
3.12 14.1, 14.2.1
Submittals 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2,
3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1, 13.5
9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 TIME
Submittal Schedule 8
3.10.2, 3.12.5, 4.2.7 Time, Delays and Extensions of
Subrogation, Waivers of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1,
6.1.1, 11.4.5, 11.3.7 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5
Substantial Completion Time Limits
4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2,
12.2, 13.7 4.4, 4.5, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1,
Substantial Completion, Definition of 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3,
9.8.1 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14, 15.1.2,
Substitution of Subcontractors 15.4
5.2.3, 5.2.4 Time Limits on Claims
Substitution of Architect 3.7.4, 10.2.8, 13.7, 15.1.2
4.1.3 Title to Work
Substitutions of Materials 9.3.2, 9.3.3
3.4.2, 3.5.1, 7.3.8 Transmission of Data in Digital Form
Sub-subcontractor, Definition of 1.6
5.1.2 UNCOVERING AND CORRECTION OF
Subsurface Conditions WORK
3.7.4 12
Successors and Assigns Uncovering of Work
13.2 12.1
Superintendent Unforeseen Conditions, Concealed or Unknown
3.9, 10.2.6 3.7.4, 8.3.1, 10.3
Supervision and Construction Procedures Unit Prices
1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.3.3.2, 7.3.4
7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Use of Documents
Surety 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3
5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Use of Site
Surety, Consent of 3.13, 6.1.1, 6.2.1
9.10.2, 9.10.3 Values, Schedule of
Surveys 9.2, 9.3.1
2.2.3 Waiver of Claims by the Architect
Suspension by the Owner for Convenience 13.4.2
14.3 Waiver of Claims by the Contractor
Suspension of the Work 9.10.5, 11.4.7, 13.4.2, 15.1.6
5.4.2, 14.3 Waiver of Claims by the Owner
Suspension or Termination of the Contract 9.9.3, 9.10.3, 9.10.4, 11.4.3, 11.4.5, 11.4.7, 12.2.2.1,
5.4.1.1, 11.4.9, 14 13.4.2, 14.2.4, 15.1.6
Taxes Waiver of Consequential Damages
3.6, 3.8.2.1, 7.3.7.4 14.2.4, 15.1.6
Termination by the Contractor Waiver of Liens
14.1, 15.1.6 9.10.2, 9.10.4
Termination by the Owner for Cause Waivers of Subrogation
5.4.1.1, 14.2, 15.1.6 6.1.1, 11.4.5, 11.3.7
Termination by the Owner for Convenience Warranty
14.4 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7.1
Termination of the Architect Weather Delays
4.1.3 15.1.5.2
Termination of the Contractor Work, Definition of
14.2.2 1.1.3
TERMINATION OR SUSPENSION OF THE Written Consent
CONTRACT 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5,
14 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2
Tests and Inspections Written Interpretations
4.2.11, 4.2.12 Written Orders
Written Notice 1.1.1, 2.3, 3.9, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2,
2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 14.3.1, 15.1.2
9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3,
14, 15.4.1
ARTICLE 1 GENERAL PROVISIONS
§ 1.1 BASIC DEFINITIONS
§ 1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the
Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in
the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment
to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written
order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the
Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms,
other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or
proposal, or portions of Addenda relating to bidding requirements.
§ 1.1.2 THE CONTRACT

The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written
or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be
construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the
Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner
and the Architect or the Architect’s consultants or (4) between any persons or entities other than the Owner and the
Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the
Contract intended to facilitate performance of the Architect’s duties.
§ 1.1.3 THE WORK

The term “Work” means the construction and services required by the Contract Documents, whether completed or
partially completed, and includes all other labor, materials, equipment and services provided or to be provided by
the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.
§ 1.1.4 THE PROJECT

The Project is the total construction of which the Work performed under the Contract Documents may be the whole
or a part and which may include construction by the Owner and by separate contractors.
§ 1.1.5 THE DRAWINGS

The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.
§ 1.1.6 THE SPECIFICATIONS

The Specifications are that portion of the Contract Documents consisting of the written requirements for materials,
equipment, systems, standards and workmanship for the Work, and performance of related services.
§ 1.1.7 INSTRUMENTS OF SERVICE

Instruments of Service are representations, in any medium of expression now known or later developed, of the
tangible and intangible creative work performed by the Architect and the Architect’s consultants under their
respective professional services agreements. Instruments of Service may include, without limitation, studies,
surveys, models, sketches, drawings, specifications, and other similar materials.
§ 1.1.8 INITIAL DECISION MAKER

The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in
accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2.
§ 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS

§ 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and
completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by
one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent
consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the
indicated results.
§ 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not
control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be
performed by any trade.
§ 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction
industry meanings are used in the Contract Documents in accordance with such recognized meanings.
§ 1.2.4 When standards and specifications issued by the American Society of Testing and Materials, the American
National Standards Institute, the U.S. Department of Commerce (Commercial Standards), other Federal
standards, or other technical or standards setting organizations are cited in the Construction Documents
as a standard to govern materials or workmanship, such standards or specifications or portions thereof as
referred to shall be as binding and have the full force and effect as though copied fully into the
specifications. Unless otherwise specifically stated, the standards and specifications referred to shall be
the latest edition or revision of such specifications that is in effect on the date of the submission to the
Owner of the Contractor’s Proposal.
§ 1.2.5 Except as provided by Subparagraph 1.2.3, in the event of a discrepancy in the Contract documents, the
intent of the parties shall be determined by interpreting the Contract Documents as a whole. Anything
shown in one part and not another and any other ambiguity or conflict in the Contract Documents shall be
brought to the attention of the Architect who will determine what was intended from the Contract
Documents and so notify the Owner and the Contractor.
§ 1.2.6 The quality of any workmanship or materials introduced into the Work pursuant to 1.2.1 or 1.2.5 shall be
the same as similar parts that are detailed, indicated or specified.
§ 1.3 CAPITALIZATION
Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of
numbered articles or (3) the titles of other documents published by the American Institute of Architects.
§ 1.4 INTERPRETATION
In the interest of brevity the Contract Documents frequently omit modifying words such as “all” and “any” and
articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in
another is not intended to affect the interpretation of either statement.
§ 1.4.1 EXECUTION OF CONTRACT DOCUMENTS

The contract documents shall be signed by the Owner and Contractor. If either the Owner or Contractor or both do
not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request.
§ 1.4.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,
become generally familiar with local conditions under which the Work is to be performed and correlated personal
observations with requirements of the Contract Documents.
§ 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE
§ 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective
Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and
other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or
equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to
meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as
publication in derogation of the Architect’s or Architect’s consultants’ reserved rights.
§ 1.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use
and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All
copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service.
The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the
Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the
specific written consent of the Owner, Architect and the Architect’s consultants.
§ 1.6 TRANSMISSION OF DATA IN DIGITAL FORM
If the parties intend to transmit Instruments of Service or any other information or documentation in digital form,
they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already
provided in the Agreement or the Contract Documents.
§ 1.7 ANTI-TRUST VIOLATIONS

The Contractor assigns to the State, any claim for overcharges resulting from anti-trust violations to the extent that
such violations concern materials or services supplied by third parties to the Contractor toward fulfillment of this
Contract.
§ 1.8 IMMIGRATION LAWS: E-VERIFY REQUIREMENT:

The Contractor agrees to comply with the requirements of A.R.S. § 41-4401.
a. The Contractor warrants compliance with all Federal immigration laws and regulations relating to
employees and warrants its compliance with Section A.R.S. § 23-214, Subsection A. (That subsection
reads: “After December 31, 2007, every employer, after hiring an employee, shall verify the
employment eligibility of the employee through the E-Verify program.)
b. A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed
a material breech of the Contract and the Contractor may be subject to penalties up to and including
termination of the Contract
c. The Owner retains the legal right to inspect the papers of any employee who works on the Contract to
ensure that the Contractor or its subcontractor(s) is/are complying with the foregoing warranty under
paragraph (a),
ARTICLE 2 OWNER
§ 2.1 GENERAL
§ 2.1.1 The Owner is the State of Arizona acting by and through the governmental agency designated as Owner in
the Owner Contractor Agreement and is so referred to throughout the Contract Documents. The Owner shall
designate in writing a representative who shall have express authority to bind the Owner with respect to all matters
requiring the Owner’s approval or authorization. Except as otherwise provided in Section 4.2.1, and 2.3.1, the
Architect does not have such authority. The term “Owner” means the Owner or its authorized representative.
§ 2.1.2 The Owner shall furnish to the Contractor a correct statement of the record legal title to the property on which
the Project is located, usually referred to as the site and the Owner’s interest therein. The Owner shall promptly
permit any actual or prospective Subcontractor or material man to review and, if requested pursuant to A.R.S. § 39-
121.01, copy any and all surety bonds or evidence of alternate security that relate to the Project.
§ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER

§ 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide
reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the
Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the
Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3)
the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due.
The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or
the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not
materially vary such financial arrangements without prior notice to the Contractor.
§ 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents,
including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements,
assessments and charges required for construction, use or occupancy of permanent structures or for permanent
changes in existing facilities.
§ 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations, utility locations, and
reports of industry standard investigations of subsurface characteristics for the site of the Project. The furnishing of
these surveys and reports shall not relieve the Contractor from its duties under the Contract documents in general
or in particular Subparagraph 1.5.1 of these Interlineated General Conditions.
§ 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with
reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control
and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the
Contractor’s written request for such information or services.
§ 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of
the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.
§ 2.3 OWNER’S RIGHT TO STOP THE WORK

§ 2.3.1 If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract
Documents as required by Section 12.2 or fails to carry out Work in accordance with the Contract Documents, the
Architect, by notification to the Contractor, may stop all or any specified portion(s) of the Work for up to 24 hours.
Thereafter, if the Architect believes the stoppage should continue, the Architect shall so advise the Owner and
obtain the Owner’s written order of stoppage, the Owner may issue a written order to the Contractor to stop the
Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner or
the Architect to stop the Work shall not give rise to a duty on the part of the Owner or the Architect to exercise this
right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3.
§ 2.4 OWNER’S RIGHT TO CARRY OUT THE WORK

If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails
within a seven-day period after receipt of written notice from the Owner to commence and continue correction of
such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the
Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting
from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including
Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect
or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor
shall pay the difference to the Owner.
ARTICLE 3 CONTRACTOR
§ 3.1 GENERAL
§ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the
jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have
express authority to bind the Contractor with respect to all matters under this Contract. The term “Contractor” means
the Contractor or the Contractor’s authorized representative.
§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents.
§ 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract
Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests,
inspections or approvals required or performed by persons or entities other than the Contractor.
§ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR

§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,
become generally familiar with local conditions under which the Work is to be performed and correlated personal
observations with requirements of the Contract Documents.
§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the
Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as
the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing
conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These
obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the
purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor
shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the
Contractor as a request for information in such form as the Architect may require. It is recognized that the
Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional,
unless otherwise specifically provided in the Contract Documents. Execution of the Contract by the Contractor is a
representation that the Contract Documents enable the Contractor to: (1) determine the Cost of the Work; (2)
construct the Work outlined therein; and (3) otherwise fulfill all its obligations hereunder; including, but not limited
to, Contractor’s obligation to construction of the Work for the Contract Sum on or before the date(s) of Substantial
Completion established in the Contract. The Contractor further acknowledges and declares that it has had
sufficient opportunity to visit and examine the site, examine all physical and other conditions affecting the Work,
and is fully familiar with all of the conditions affecting the same. In connection therewith, Contractor specifically
represents and warrants to Owner that it has, by careful examination of the site, the Contract Documents, the soil
borings, and any data provided by the Owner, satisfied itself as to: (1) the nature, location, and character of the
Project and the site, including, without limitation, the surface and subsurface conditions and all structures and
obstruction both natural and man-made and all surface and subsurface water conditions of the site and the
surrounding area; (2) the nature, location, and character of the general area in which the Project is located,
including, without limitation, its climatic conditions, available labor supply and labor costs, and available
equipment supply and equipment costs; and (3) the quality and quantity of all materials, supplies, tools, equipment,
labor, and professional services necessary to complete the Work in the manner and within the cost and time frame
required by the Contract Documents. In connection with the foregoing and as limited by A.R.S. Title 40, Chapter 2,
Article 6.3 (Blue Stake), the Contractor shall be solely responsible for locating (and shall locate prior to performing
any Work) all active utility lines, telephone company lines and cable, sewer lines, water pipes, gas line, electrical
line, including, without limitation, all buried pipelines and buried telephone cables and shall perform the Work in
such a manner so as to avoid damaging any such lines, cables, pipes, and pipelines. If the Contractor performs any
construction activity knowing or, when reasonable, should know that the activity involves an error, inconsistency,
or omission in the Contract Documents without such notice to the Architect, the Contractor shall assume
appropriate responsibility for such performance and shall bear an appropriate amount o the attributable costs for
correction. The requirement of reasonableness does not increase the standard of ordinary care required of the
Contractor.
§ 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable
laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor
shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a
request for information in such form as the Architect may require.
§ 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the
Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or
3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations
of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been
avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the
Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or
omissions in the Contract Documents, for differences between field measurements or conditions and the Contract
Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules
and regulations, and lawful orders of public authorities.
§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES

§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The
Contractor shall be solely responsible for, and have control over, construction means, methods, techniques,
sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract
Documents give other specific instructions concerning these matters. If the Contract Documents give specific
instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall
evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite
safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means,
methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the
Owner and Architect and shall not proceed with that portion of the Work without further written instructions from
the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques,
sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely
responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences
or procedures.
§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees,
Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or
on behalf of, the Contractor or any of its Subcontractors.
§ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that
such portions are in proper condition to receive subsequent Work.
§ 3.4 LABOR AND MATERIALS

§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other
facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent
and whether or not incorporated or to be incorporated in the Work.
§ 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections
3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the
Architect and in accordance with a Change Order or Construction Change Directive. The Contract Sum shall be
decreased by the difference in cost occasioned by a substitution, and an appropriate Change Order shall be issued.
However, no increase in the Contract Sum shall be allowed for any substitution requested by the Contractor.
§ 3.4.3 The Contractor shall at all times enforce strict discipline and good order among the Workers on the project
and shall not employ or continue to employ any unfit person on the project or any person not skilled in the assigned
work. The Contractor shall be responsible to the Owner for all acts and omissions of its employees, all tiers of its
Subcontractors, material suppliers, anyone whom the Contractor may allow to perform any Work, and their agents
and employees, other than the Owner, the Architect, and their officers, employees, agents, and consultants, whom
the Contractor may allow to come on the job site. In addition, if the Contractor receives written notice from the
Owner complaining about any Subcontractors or employees or anyone who is a hindrance to proper or timely
execution of the work, Contractor shall remedy such complaint without delay to the project and at no additional cost
to the Owner. This provision shall be included in all contracts between the Contractor and between the
Subcontractors at all times.
§ 3.4.4 All materials shall be shipped, stored, and handled in a manner that will protect and ensure their
condition at the time of incorporation into the Work. After installation, they shall be properly protected against
damage to ensure their being in the condition required by Subparagraph 3.5.1 when the Work is completed and
accepted by the Owner.
§ 3.4.5 The contractor shall procure and furnish to the Owner all guarantees, warranties, spares, and maintenance
manuals that are called for by the specifications or that are normally provided by a manufacturer. The maintenance
manual shall include a catalog and price list for any equipment, materials, supplies, or parts used in the inspection,
calibration, maintenance, or repair of the equipment. Items in the catalog shall be readily available for purchase.
§ 3.4.6 During construction of the Work and for five years after Final Completion, the Contractor, as required by
A.R.S. § 35-214, shall retain, and shall require all Subcontractors to retain, for inspection and audit by the State, all
books, accounts, reports, files, time cards, material invoices, payrolls, and evidence of all other direct or indirect
costs related to the bidding and performance of this Work. Upon request by the Owner, a legible copy or the
original of any or all such records shall be produced by the Contractor at the administrative office of the Owner or
at the Office of the Arizona Auditor General.
§ 3.5 WARRANTY
§ 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the
Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The
Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be
free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit.
Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s
warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the
Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If
required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials
and equipment.
§ 3.5.2 Neither the final payment nor any provision in the Contract Documents shall constitute an acceptance of
Work not done in accordance with the Contract Documents or relieve the Contractor or its sureties of
liability with respect to any warranties or responsibility for faulty materials and workmanship. The
Contractor guarantees that the Work will conform to the Contract Documents.
§ 3.5.3 If the Contractor fails to remedy any defects or damage, the Owner may correct the Work or repair the
damages, and the cost and expense incurred in such event shall be paid by or be recoverable from the
Contractor or Surety or offset against any amounts owing to the Contractor.
§ 3.5.4 The building(s) shall be watertight and leak proof at every point and in every area, except where leaks can
be attributed to damage to the building(s) by external forces beyond Contractor’s control. The Contractor,
immediately upon notification by the Owner of water penetration, shall determine the source of water
penetration and do any work necessary to make the building(s) watertight. The Contractor also shall
repair or replace any damaged material, finishes, and fixtures damaged as a result of this water
penetration to return the building(s) to original condition. The costs of such determination and repair shall
be borne by the Contractor only to the extent that the leak(s) are attributable to faulty workmanship or
unauthorized or defective materials.
§ 3.5.5 YEAR 2000 COMPLIANCE:

Notwithstanding any other warranty or disclaimer of warranty in this contract, the Contractor warrants
that all products delivered and all services rendered under this contract shall comply in all respects to
performance and delivery requirements of the specifications and shall not be adversely affected by any
date-related data Year 2000 issues. This warranty shall survive the expiration or termination of this
contract. In addition, the defense force majeure shall not apply to the Contractor’s failure to perform
specification requirements as a result of any date-related data Year 2000 issues.
§ 3.6 TAXES
The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are
legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled
to go into effect. If tax rates change during the course of the contract, the contract shall be adjusted by Change
Order to reflect the change in costs.
§ 3.7 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS

§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building
permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper
execution and completion of the Work that are customarily secured after execution of the Contract and legally
required at the time bids are received or negotiations concluded.
§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public authorities applicable to performance of the Work.
§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes,
rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility
for such Work and shall bear the costs attributable to correction.
§ 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1)
subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract
Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily
found to exist and generally recognized as inherent in construction activities of the character provided for in the
Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions
are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly
investigate such conditions and, if the Architect determines that they differ materially and cause an increase or
decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an
equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions
at the site are not materially different from those indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the
reasons. If either party disputes the Architect’s determination or recommendation, that party may proceed as
provided in Article 15.
§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial
markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately
suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such
notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume
the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but
shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the
Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in
Article 15.
§ 3.8 ALLOWANCES
§ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items
covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,
but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable
objection.
§ 3.8.2 Unless otherwise provided in the Contract Documents,

.1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and
all required taxes, less applicable trade discounts;
.2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and
other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but
not in the allowances; and
.3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly
by Change Order. The amount of the Change Order shall reflect (1) the difference between actual
costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section
3.8.2.2.
§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness.
§ 3.9 SUPERINTENDENT
§ 3.9.1 The Contractor shall have a competent superintendent and necessary assistants on the project site to provide
appropriate supervision at all times during the progress of the Work. The superintendent and his assistants shall be
fit for their Work and capable of going to all locations where Work is being performed. Upon request, the
Contractor shall submit to the Owner a resume of the project superintendent’s background and work experience,
Owner shall have the right to require the Contractor to replace the project superintendent. The superintendent shall
represent the Contractor, and communications given to the superintendent shall be as binding as if given to the
Contractor.
§ 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner
through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14
days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the
proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply
within the 14 day period shall constitute notice of no reasonable objection.
§ 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made
reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent,
which shall not unreasonably be withheld or delayed.
§ 3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES

§ 3.10.1 Within 10 days after the award of the Contract, the Contractor, shall prepare and submit for the Owner and
Architect a schedule of Shop Drawings and an estimated Progress Schedule to indicate the rate of progress and the
order of Work that the Contractor will accomplish during the first 90 days of the Contract and also submit a
Payment Schedule indicating the percentage of the Contract amount and the anticipated monthly payments required
of the Owner during the first 90 days of the Contract.
§ 3.10.2 Within 60 days after the award of the Contract, the Contractor shall submit for review by the Owner and
Architect a Schedule of Shop Drawings and a Progress Schedule, such as a bar chart or other scheduling method
identified in the Specifications, to indicate the rate of progress and practicable order of Work that the Contractor
shall accomplish for all of the contract Work, incorporating the 90-day Progress Schedule previously submitted.
The purpose of this scheduling requirement is to assure adequate planning and execution of the Work and to
facilitate evaluation of the progress of the Work. The Schedule shall indicate the dates for starting and completing
various aspects of the Work, including the submittal, approval, procurement, fabrication, and delivery of major
items, material, and equipment, as well as on-site construction activities. If these initial Schedules are not submitted
within 90 days of the award of the Contract, the Owner may withhold progress payments.
§ 3.10.3 The Contractor, upon award of the Contract (or where Shop Drawings, Samples, or the like are required,
upon receipt of their approval), shall place orders for all materials, Work, fabrication, and equipment necessary to
meet the approved progress schedule. The Contractor shall keep the Architect informed and shall notify the
Architect promptly in writing of any materials, Work, fabrication, and equipment which may not timely be available
for the purposes of the Contract. The Contractor shall provide regular monitoring and updating of the Progress
Schedule on a monthly basis or more frequently as required by the conditions of the Work. The Contractor shall
provide the Owner with monthly Update Reports indicating progress achieved and activities commenced or
completed within the last month.
§ 3.10.4 With each monthly update the Contractor shall submit a Narrative Report, which shall include a
description of current and anticipated problem areas, delaying factors, and their impact and an explanation of
corrective action taken or proposed. If the project is behind schedule in any month, the Contractor, in that month’s
narrative report, shall indicate precisely what measures it will take in the next thirty days to put the Work back on
schedule. Periodic progress meetings shall be held with the Contractor and shall be conducted by the Architect,
who will monitor the Contractor’s progress and performance.
§ 3.10.5 The Contractor shall maintain a daily log of construction activities for each calendar day of the Contract
Time, using the form approved by the Architect. The Contractor shall document all activities at the project
site including:
.1 weather conditions showing the high and low temperatures during work hours, the amount of
precipitation received on the job site, and any other weather conditions which adversely affect Work at
the site;
.2 soil conditions which adversely affect Work at the site;
.3 the hours of operation by Contractor and Subcontractor personnel;
.4 the number of Contractor and Subcontractor personnel present and working at the site, by subcontract
and trade;
.5 the equipment active or idle at the site;
6. a description of the Work being performed at the site;
7. any unusual or special occurrences at the site;
8. materials received at job site by type and approximate quantity; and
9. a list of all visitors to the site.
§ 3.10.6 The Contractor shall provide copies of the daily logs to the Owner monthly or more frequently if requested.
The inclusion of information in the daily log does not satisfy those reports, communication, or notices required by
the Contract Documents.
§ 3.11 DOCUMENTS AND SAMPLES AT THE SITE

The Contractor shall maintain at the site for the use of the Owner and of the Architect one copy of the Drawings,
Specifications, Addenda, Change Orders, field orders, approved Shop Drawings, Architect’s Supplementary
Instructions, requests for information and other Contract-related documents and Modifications, if any, in good
order and marked currently and promptly by the Contractor to indicate all approved field changes and selections
made during construction The Contractor shall also maintain on site all available catalog data, price lists,
manufacturers’ operating and maintenance instructions, schematics, certificates, warranties, and guarantees. These
shall be available to the Owner and the Architect and shall be delivered to the Architect for submittal to the Owner
upon substantial completion of the Work as a record of the Work as constructed.
§ 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
§ 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the
Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of
the Work.
§ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and
other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
§ 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards
by which the Work will be judged.
§ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is
to demonstrate the way by which the Contractor proposes to conform to the information given and the design
concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents
require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals
upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents.
Submittals that are not required by the Contract Documents may be returned by the Architect without action.
§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the
Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in
accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal
schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of
the Owner or of separate contractors.
.1 Each submission of Shop Drawings, Samples and Product Data must be accompanied by a letter of
transmittal giving a list of the titles and number of the Shop Drawings. These shall be numbered
consecutively or identified for ready reference and each Shop Drawing, Sample and Product Data shall
contain the following information:
.1 date of submission;
.2 name of Project;
.3 location of Project;
.4 branch of work;
.5 Project Number;
.6 approval of Contractor;
.7 name(s) of Subcontractors; and
.8 revision number.
§ 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to
the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified
materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and
coordinated the information contained within such submittals with the requirements of the Work and of the Contract
Documents.
§ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal
and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been
approved by the Architect.
§ 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of
responsibility for deviations from requirements of the Contract Documents by the Architect’s approval of Shop
Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect
in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific
deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued
authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop
Drawings, Product Data, Samples or similar submittals by the Architect’s approval thereof.
§ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data,
Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the
absence of such written notice, the Architect’s approval of a resubmission shall not apply to such revisions.
§ 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of
architecture or engineering unless such services are specifically required by the Contract Documents for a portion of
the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s
responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be
required to provide professional services in violation of applicable law. If professional design services or
certifications by a design professional related to systems, materials or equipment are specifically required of the
Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria
that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a
properly licensed design professional, whose signature and seal shall appear on all drawings, calculations,
specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings
and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear
such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled
to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or
provided by such design professionals, provided the Owner and Architect have specified to the Contractor all
performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will
review, approve or take other appropriate action on submittals only for the limited purpose of checking for
conformance with information given and the design concept expressed in the Contract Documents. The Contractor
shall not be responsible for the adequacy of the performance and design criteria specified in the Contract
Documents.
§ 3.12.11 Unless the Architect is authorized at the time of the submittal to return samples at the Contractor’s
expense, or the Contractor arranges to pick up the sample within fourteen days after rejection, rejected samples may
be destroyed.
§ 3.12.12 After delivery of materials, the Architect may make such tests as it deems necessary, with samples required
for such tests being furnished by, and at the cost of, the Contractor.
§ 3.12.13 If the Contractor is required to perform tests that, due to climatic conditions, must be delayed, the tests will
be accomplished by the Contractor at the earliest possible date and the Contractor’s guarantee of the item and
other items dependent on its proper operation shall begin upon satisfactory completion of the test. The
responsibility of the Contractor under this Subparagraph is not abrogated upon the Owner’s election to initiate final
payment.
§ 3.12.14 Tests required by the Specifications shall be paid for by the Owner. Tests made to determine whether a
material is an acceptable substitute shall be paid for by the Contractor. Retests costs, including samples, shall be
paid for by the party requesting the retest.
§ 3.12.15 The Contractor shall furnish approved Shop Drawings, Samples, and Product Data to all Contractors and
Subcontractors whose work is in any way related to the Shop Drawings, Samples, or Product Data.
§ 3.13 USE OF SITE

§ 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes,
ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and
shall not unreasonably encumber the site with materials or equipment.
§ 3.13.2 The Owner shall specify a bench mark and control points which shall determine the initial points of
reference for construction of the Project. The Contractor shall establish and maintain all building and construction
grades, lines, levels, and benchmarks and shall be responsible during the course of Construction for accuracy and
protection of same. A licensed Civil Engineer or Surveyor approved by the Architect shall establish, and if
necessary, re-establish benchmarks and control points.
§ 3.14 CUTTING AND PATCHING
§ 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make
its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition
existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents.
§ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed
construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by
excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor
except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably
withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor’s
consent to cutting or otherwise altering the Work.
§ 3.14.3 Any part of the finished Work damaged during installation or prior to substantial completion of the Work
shall be repaired so as to be equal in quality, appearance, serviceability, and other respects to an undamaged item
or part of the Work. Where this cannot be fully accomplished, the damaged item or part shall be replaced.
§ 3.15 CLEANING UP
§ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or
rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste
materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials from and about
the Project.
§ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner
shall be entitled to reimbursement from the Contractor.
§ 3.16 ACCESS TO WORK

The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever
located.
§ 3.17 ROYALTIES, PATENTS AND COPYRIGHTS

The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement
of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but
shall not be responsible for such defense or loss when a particular design, process or product of a particular
manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are
contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the
Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a
patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the
Architect.
§ 3.18 INDEMNIFICATION
§ 3.18.1 The parties to this Contract agree that the Owner will be indemnified and held harmless by the Contractor
for its vicarious liability as a result of entering into this Contract. The parties further agree that each party to this
Contract is responsible for its own negligence.
§ 3.18.2 NON-DISCRIMINATION
The Contractor shall comply with all applicable Federal, State, and local laws, rules, and ordinances pertaining to
equal employment opportunity and non-discrimination, including, but not limited to, A.R.S. Title 41, Chapter 4 and
Executive Order 2009-9.
ARTICLE 4 ARCHITECT
§ 4.1 GENERAL
§ 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing
architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the
Agreement and is referred to throughout the Contract Documents as if singular in number.
§ 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents
may not be restricted, modified or extended by the Owner and Architect, after notice to the Contractor, unless
Contractor raises a reasonable and timely objection to such change.
§ 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom
the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the
Architect.
§ 4.2 ADMINISTRATION OF THE CONTRACT

§ 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be
an Owner’s representative during construction until the date the Architect issues the final Certificate For Payment.
The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract
Documents.
§ 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed
with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed,
and to determine in general if the Work observed is being performed in a manner indicating that the Work, when
fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to
make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will
not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or
procedures, or for the safety precautions and programs in connection with the Work, since these are solely the
Contractor’s rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1.
§ 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and
quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract
Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and
deficiencies observed in the Work.
§ 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION

Except as otherwise provided in the Contract Documents or when direct communications have been specially
authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about
matters arising out of or relating to the Contract. Communications by and with the Architect’s consultants shall be
through the Architect. Communications by and with Subcontractors and material suppliers shall be through the
Contractor. Communications by and with separate contractors shall be through the Owner.
§ 4.2.5 Based on the Architect’s observation of the Work and evaluations of the Contractor’s Applications for
Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for
Payment in such amounts in accordance with the time frames set forth in A.R.S. § 41-2577.
§ 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the
Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed.
However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to
exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors,
material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the
Work.
§ 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals
such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance
with information given and the design concept expressed in the Contract Documents. The Architect’s action will be
taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved
submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional
judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the
accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for
installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as
required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the
Contractor of the obligations under the Contract Documents. The Architect’s review shall not constitute approval of
safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods,
techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an
assembly of which the item is a component.
§ 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor
changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and
recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.
§ 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date
of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the
Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and
assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section
9.10.
§ 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in
carrying out the Architect’s responsibilities at the site. The duties, responsibilities and limitations of authority of
such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents.
§ 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests
will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
§ 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable
from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations
and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not
show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith.
§ 4.2.13 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent
expressed in the Contract Documents.
§ 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The
Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with
reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and
Specifications in response to the requests for information.
ARTICLE 5 SUBCONTRACTORS
§ 5.1 DEFINITIONS
§ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the
Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in
number and means a Subcontractor or an authorized representative of the Subcontractor. The term “Subcontractor”
does not include a separate contractor or subcontractors of a separate contractor.
§ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to
perform a portion of the Work at the site. The term “Sub-subcontractor” is referred to throughout the Contract
Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-
subcontractor.
§ 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
§ 5.2.1. The Contractor’s proposal shall contain a list of its Subcontractors and material suppliers. Within ten
working days after award of the Contract, the Architect will notify the Contractor in writing whether the Owner or
the Architect has reasonable objection to any person or entity listed on the list of Subcontractors and material
suppliers. Failure of the Owner or Architect to object within ten working days shall constitute notice of no
reasonable objection.
§ 5.2.2 The Contractor shall not contract with a person or entity to whom the Owner or Architect has made
reasonable and timely objection or who has consulted or assisted the Architect to plan or design the Project. The
Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection.
§ 5.2.3 If the Owner or Architect has reasonable objection to a person or entity listed by the Contractor, the
Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but
rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall
be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order
shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract
Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively
in submitting names as required.
§ 5.2.4 The Contractor shall make no substitution of any Subcontractor, person, or entity listed on the list of
Subcontractors and material suppliers required to be submitted with the Contractor’s Proposal without the advance
written consent of the Architect and the Owner.
§ 5.3 SUBCONTRACTUAL RELATIONS

The Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to
be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the
obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, which the
Contractor assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the
rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the
Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor the
benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has
against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar
agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to
the execution of the subcontract agreement, copies of every payment bond furnished by the Contractor as required
by the Contract Documents and copies of the Contract Documents to which the Subcontractor will be bound, and,
upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed
subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make
copies of applicable portions of such documents available to their respective proposed Sub-subcontractors.
§ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS

§ 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided
that
.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to
Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the
Subcontractor and Contractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the
Contract.
When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and
obligations under the subcontract.
§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s
compensation shall be equitably adjusted for increases in cost resulting from the suspension.
§ 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a
successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity,
the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the
subcontract.
ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

§ 6.1 OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
§ 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s
own forces, and to award separate contracts in connection with other portions of the Project or other construction or
operations on the site under Conditions of the Contract identical or substantially similar to these including those
portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is
involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15.
§ 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations
on the site, the term “Contractor” in the Contract Documents in each case shall mean the Contractor who executes
each separate Owner-Contractor Agreement.
§ 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each separate
contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with
other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any
revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction
schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until
subsequently revised.
§ 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations
related to the Project with the Owner’s own forces, the Owner shall be deemed to be subject to the same obligations
and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without
excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12.
§ 6.2 MUTUAL RESPONSIBILITY

§ 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and
storage of their materials and equipment and performance of their activities, and shall connect and coordinate the
Contractor’s construction and operations with theirs as required by the Contract Documents.
§ 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by
the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly
report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable
for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that
the Owner’s or separate contractor’s completed or partially completed construction is fit and proper to receive the
Contractor’s Work, except as to defects not then reasonably discoverable.
§ 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor
because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be
responsible to the Contractor for costs the Contractor incurs because of a separate contractor’s delays, improperly
timed activities, damage to the Work or defective construction.
§ 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially
completed construction or to property of the Owner or, separate contractors as provided in Section 10.2.5.
§ 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are
described for the Contractor in Section 3.14.
§ 6.3 OWNER’S RIGHT TO CLEAN UP

If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their
respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the
Owner may clean up and the Architect will allocate the cost among those responsible as determined by the Architect.
ARTICLE 7 CHANGES IN THE WORK

§ 7.1 GENERAL
§ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the
Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the
limitations stated in this Article 7 and elsewhere in the Contract Documents.
§ 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction
Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the
Contractor; an order for a minor change in the Work may be issued by the Architect alone.
§ 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the
Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive
or order for a minor change in the Work.
§ 7.2 CHANGE ORDERS
§ 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and
Architect stating their agreement upon all of the following:
.1 The change in the Work;
.2 The amount of the adjustment, if any, in the Contract Sum; and
.3 The extent of the adjustment, if any, in the Contract Time.
§ 7.2.2 The cost to the Owner resulting from an increase in the Work shall be determined in one of the following
ways:
.1 by unit prices stated in the Contract Documents;
.2 by cost, as defined below, properly itemized and supported by sufficient substantiating data to permit
evaluation, plus a fee, as identified in 7.2.6; such costs shall be itemized by crafts as defined within the
schedule of values and limited to the following items directly attributable to the change in Work:
.1 costs of labor, including social security, old age and unemployment insurance, fringe benefits
required by agreement or custom, and workers’ compensation insurance;
.2 Costs of materials, supplies and equipment, including cost of transportation, whether
incorporated or consumed;
.3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the
Contractor or others;
.4 additional costs of supervision and field office personnel directly attributable to the increase in
the Work; and
.5 costs of premiums for all bonds and insurance, permit fees and sales, use, or similar taxes relating
to the Work.
§ 7.2.3 The credit to the Owner, resulting from a decrease in the Work shall be determined in one of the following
ways:
.1 by unit prices stated in the Contract Documents; or
.2 by cost, as defined below, properly itemized and supported by sufficient substantiating data to permit
evaluation, plus a fee, as identified in 7.2.6, and less costs of preparation. Such costs shall be itemized
by crafts as defined within the schedule of values and limited to the following items directly
attributable to the change in Work.
1. costs of labor, including social security, old age, and unemployment insurance, fringe benefits
required by agreement or custom, and workers’ compensation insurance;
2. costs of materials, supplies and equipment, including cost of transportation, whether incorporated
or consumed;
3. rental costs of machinery and equipment, exclusive of hand tools, whether rented from the
Contractor or others;
4. costs of supervision and field office personnel directly attributable to the decrease in the Work;
and
5. costs of premiums for all bonds and insurance, permit fees and sales, use, or similar taxes relating
to the Work.
§ 7.2.4 When both additions and credits are involved in any one change, the additions and credits shall be
separately determined, and the adjustment in Contract Sum shall be computed on the basis of the net cost.
§ 7.2.5 Whenever the total credits from Change Orders exceed the additions, the fees specified shall be equitably
adjusted based upon the Contractor’s actual values.
§ 7.2.6 The fees for all extended overhead and profit combined, shall not exceed the following percentages and
shall apply only to items defined thoroughly in Paragraphs 7.2.2.1 through 7.2.2.4 or 7.2.3.2.1 through
7.2.3.2.4
.1 for the Contractor, for any Work performed by its own forces, 10 percent of the cost;
.2 for each subcontractor involved, for any Work performed by its own forces, 10 percent of the cost;
.3 for the Contractor, for the Work performed by its Subcontractor, 5 percent of the cost;
.4 for each Subcontractor involved, for any Work performed by its Sub-subcontractor, 5 percent of the
cost.
§ 7.2.7 If the Owner approves a change, a written Change Order shall be forwarded to the Contractor adjusting
the Contract Time or the Contract Sum, or both, as approved. All Change Orders shall be in full payment
and final settlement of all claims for direct, indirect, and consequential costs related to items covered or
affected, as well as time extensions.
§ 7.2.8 Contract Time shall not be adjusted unless a change affects the critical path of the Work. If the Owner and
Contractor do not agree with an adjustment in Contract Time or the method for determining it, the
adjustment or the method shall be determined by the Architect in accordance with the Contract Documents.
§ 7.3 CONSTRUCTION CHANGE DIRECTIVES- Construction Change Directives by individuals lacking required
authorization shall not be binding on the Owner.
§ 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and
Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract
Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes
in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the
Contract Sum and Contract Time being adjusted accordingly.
§ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change
Order.
§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be
based on the methods described in Section 7.2.
§ 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally
contemplated are materially changed in a proposed Change Order or Construction Change Directive so that
application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or
Contractor, the applicable unit prices may be equitably adjusted.
§ 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in
the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any,
provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or
Contract Time.
§ 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith,
including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall
be incorporated into a Change Order.
§ 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum,
the Architect shall determine the method and the adjustment in accordance with Section 7.2.
§ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor
may request payment for Work completed under the Construction Change Directive in Applications for Payment.
The Architect will make an interim determination for purposes of monthly certification for payment for those costs
and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be
reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis
as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.
§ 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the
adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such
agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be
issued for all or any part of a Construction Change Directive.
§ 7.4 MINOR CHANGES IN THE WORK

The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or
extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be
effected by written order signed by the Architect and shall be binding on the Owner and Contractor.
ARTICLE 8 TIME
§ 8.1 DEFINITIONS
§ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in
the Contract Documents for Substantial Completion of the Work.
§ 8.1.2 The date of commencement of the Work is the date established in the Agreement.
§ 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8.
§ 8.1.4 The term “day” as used in the Contract Documents shall mean calendar day unless otherwise specifically
defined.
§ 8.2 PROGRESS AND COMPLETION

§ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement
the Contractor confirms that the Contract Time is a reasonable period for performing the Work.
§ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely
commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be
furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the
effective date of such insurance.
§ 8.2.3 The Contractor shall employ and supply a sufficient force of workers, material, and equipment and shall
prosecute the Work with such diligence so as to maintain the rate of progress indicated on the Progress Schedule
and to achieve Substantial Completion within the Contract Time.
§ 8.3 DELAYS AND EXTENSIONS OF TIME

§ 8.3.1 Except as otherwise expressly provided in the Contract Documents, if the Contractor is delayed at any time in
the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of
either, or of a separate contractor employed by the Owner; or by other causes that the Architect determines are
justifiable, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may
determine.
§ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15.
§ 8.3.3 Extension of time provided for the completion of the Work shall be the Contractor’s sole remedy for delay
except as provided by statute, including A.R.S. § 41-2617, and except to the extent that interfering acts of the Owner
continue after Contractor’s written notice to Owner of such interference. The Owner’s exercise of any of its rights
under the Contract, including, without limitation, its rights under Article 7, Changes in the Work, or the Owner’s
exercise of any of its remedies of suspension of the Work, or requirement of correction or re-execution of any
defective Work, shall not under any circumstances be construed as interference with the Contractor’s performance
of the Work.
§ 8.3.4 Liquidated Damages: If the Contractor neglects, fails, or refuses to substantially complete the Work within
the Contract Time(s), or any extension granted by Change Order, then the Contractor shall, as part consideration
for the award of this contract, pay to the Owner a sum of not less than $600.00 (which sum may be modified by
other provision of the Contract Documents), not as a penalty, but as liquidated damages for such breach of
Contract, for each and every calendar day that the Contractor fails to substantially complete the Work. If the
Contractor neglects, fails, or refuses to totally and finally complete the Work within 30 days after the actual date of
Substantial Completion or the time(s) specified therefore in other provisions of the Contract Documents, or any
extension granted by Change Order, then the Contractor shall, as part consideration for the award of this contract,
pay to the Owner a sum of not less than $200.00 (which sum may be modified by other provision s of the Contract
Documents), not as a penalty, but as liquidated damages for such breach of Contract, for each and every calendar
day that the Contractor fails after the time(s) stipulated in the contract to totally and finally complete the Work.
ARTICLE 9 PAYMENTS AND COMPLETION

§ 9.1 CONTRACT SUM
The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by
the Owner to the Contractor for performance of the Work under the Contract Documents.
§ 9.2 SCHEDULE OF VALUES

Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the
Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the
various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as
the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing
the Contractor’s Applications for Payment.
§ 9.3 APPLICATIONS FOR PAYMENT

§ 9.3.1 Except to the extent otherwise provided by statute, including A.R.S. § 41-2577, payments on account of this
Contract will be made monthly as Work progresses. The Contractor shall submit to the Owner through the
Architect, consistent with AIA G702 and G703, an application for each payment, and, if required, receipts or other
vouchers showing its payments for materials suitably stored at the construction site and labor, including
applications from and payments to Subcontractors.
§ 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in
the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the
Architect, but not yet included in Change Orders.
§ 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the
Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by
others whom the Contractor intends to pay.
§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and
equipment delivered and suitably stored at the site for subsequent incorporation in the Work. All material and Work
covered by a paid partial payment shall thereupon become the sole property of Owner. Nothing in this
Subparagraph shall be construed as relieving the Contractor from sole responsibility for care and protection of
materials and Work upon which payments have been made or restoration of any damaged Work or as a waiver of
the right of the Owner to require fulfillment of all terms of the Contract Documents subject to Article 11.
§ 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner
no later than the time of payment. The Contractor further warrants that upon submittal of an Application for
Payment all Work for which Certificates for Payment have been previously issued and payments received from the
Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims,
security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor, materials and equipment relating to the Work.
§ 9.4 CERTIFICATES FOR PAYMENT

§ 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either issue
to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines
is properly due, or notify the Contractor and Owner in writing of the Architect’s reasons for withholding
certification in whole or in part as provided in Section 9.5.1.
§ 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner,
based on the Architect’s evaluation of the Work and the data comprising the Application for Payment, that the Work
has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.
The foregoing representations are subject to an evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor
deviations from the Contract Documents prior to completion and to specific qualifications expressed by the
Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is
entitled to payment in the amount certified.
§ 9.5 DECISIONS TO WITHHOLD CERTIFICATION

§ 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary
and required by A.R.S. § 41-2577 to protect the Owner, if in the Architect’s opinion the representations to the Owner
required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the
Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and
Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the
amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold
a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a
Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect
the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions
described in Section 3.3.2, because of
.1 defective Work not remedied; or failure to begin remedial action to repair defective work within five
working days following demand;
.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless
security acceptable to the Owner is provided by the Contractor;
.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or
equipment;
.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
.5 damage to the Owner or a separate contractor;
.6 the Owner shall pay to the Contractor 90% of the value of the Work in place and materials suitably
stored at the construction site, as checked and approved by the Architect. In lieu of the retainage, the
Contractor may furnish securities as provided by A.R.S. §§ 35-155 or 41-2576 and 41-2577 and
A.A.C. R2-7-506, R2-7-509, and R2-7-510. The balance of 10% of the estimate or substituted
securities shall be retained by the Owner until the Work is 50% completed, at which time the
retainage or substituted securities shall be reduced to 5% of the estimate, provided the Contractor is
making satisfactory progress on the contract and there is no specific cause or claim allowing or
requiring a greater amount to be retained. Thereafter, the Owner shall pay the Contractor 95% of
the value of the Work in place and suitably stored at the construction site unless and until the Owner
determines that satisfactory progress is not being made or there is a specific claim or cause allowing
or requiring a greater amount to be retained; or
.7 repeated failure to carry out the Work in accordance with the Contract Documents.
§ 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts
previously withheld.
§ 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option,
issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the
Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the
Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such
payment on the next Certificate for Payment.
§ 9.6 PROGRESS PAYMENTS

§ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and
within the time provided in the Contract Documents, and shall so notify the Architect.
§ 9.6.2 As required by A.R..S. § 41-2577, the Contractor shall pay each Subcontractor no later than seven days after
receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor
shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-
subcontractors in a similar manner.
§ 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of
completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on
account of portions of the Work done by such Subcontractor.
§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid
Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted
Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact
Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an
obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law.
§ 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided
in Sections 9.6.2, 9.6.3 and 9.6.4.
§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the
Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
§ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum,
payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by
the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under
contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require
money to be placed in a separate account and not commingled with money of the Contractor, shall create any
fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity
to an award of punitive damages against the Contractor for breach of the requirements of this provision.
§ 9.7 FAILURE OF PAYMENT

If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after
receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within the time
frames established by A.R.S. § 41-2577, then the Contractor may, upon fourteen additional days’ written notice to
the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time
shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s
reasonable costs of shut-down, delay and start-up, plus interest as provided for in A.R.S. § 41-2577.
§ 9.8 SUBSTANTIAL COMPLETION

§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion which
the Owner agrees to accept separately is sufficiently complete in accordance with the Contract Documents as
certified by the Architect so that the Owner can occupy or utilize the Work for its intended use. Within seven days
after receipt of the Contractor’s written request for a Substantial Completion Inspection, the Architect shall notify
the Contractor of the exact time and date that the inspection of the Work or designated portion will be held. Prior to
Substantial Completion and with sufficient time to allow the Architect to review, the Contractor shall compile all
Record Drawings, catalog data, manufacturers’ operating and maintenance instructions, manufacturers’
specifications, schematics, certificates, warranties, guarantees, catalogs, and price lists for any equipment,
materials, supplies, or parts used in the inspection, calibration, maintenance, or repair of the equipment installed as
part of the Work and other related documents required by this Contract and submit them to the Architect. The
Architect shall review the documents for accuracy and compliance with the Contract Documents and deliver them to
the Owner.
§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept
separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of
items to be completed or corrected by submitting a request for Substantial Completion Inspection. ,The Contractor
thereby certifies that the Work, or the designated portion, is functionally ready for occupancy by the Owner and that
the remaining incomplete or defective Work required by the Contract Documents shall be completed within the time
specified in the Contract Documents for Final Completion, and the Contractor shall proceed promptly to complete
and correct items on the list prior to final payment. Failure to include an item on the list does not alter the
responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
§ 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or
designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not
included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so
that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor
shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification
by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to
determine Substantial Completion.
§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a
Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish
responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and
insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the
Certificate. Satisfactory completion of all items on the Final Punch List shall be final completion of the Work in
accordance with Section 9.10. Any delays or extensions of time will be subject to liquidated damages per Section
8.3.4. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the
Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion and
except as may be specified in the Contract Documents.
§ 9.8.5 The Certificate of Substantial Completion and final punch list shall be submitted to the Owner and Contractor
for their written acceptance of responsibilities assigned to them in the Certificate. The Project shall not be deemed
substantially complete until the Certificate is issued. Upon such acceptance and consent of surety, if any, the Owner
shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be
adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
§ 9.9 PARTIAL OCCUPANCY OR USE

§ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when
such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented
to by the insurer as required under Article 11 and authorized by public authorities having jurisdiction over the
Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,
retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in
writing concerning the period for correction of the Work and commencement of warranties required by the Contract
Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and
submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use
shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement
between the Owner and Contractor or, if no agreement is reached, by decision of the Architect.
§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect
the area to be occupied or portion of the Work to be used in order to determine and record the condition of the
Work.
§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not
constitute acceptance of Work not complying with the requirements of the Contract Documents.
§ 9.9.4 In the event of partial occupancy before Substantial Completion, the Contractor shall cooperate with the
Owner in making available for the Owner’s use and benefit at Owner’s expense such building services as heating,
ventilating, cooling, water, lighting, telephone, elevators, and security for the portion or portions to be occupied,
and if the Work required to furnish such services is not entirely completed at the time the Owner begins to occupy
the aforesaid portion or portions, the Contractor shall make every reasonable effort to complete such Work or make
temporary provisions for such Work as soon as possible so that these building services may timely be put into
operation and use.
§ 9.10 FINAL COMPLETION AND FINAL PAYMENT

§ 9.10.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance
and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the
Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect
will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information
and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the
Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will
constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being
entitled to final payment have been fulfilled.
§ 9.10.2 Neither final payment nor any remaining retainage or substituted securities shall become due until the
Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other
indebtedness connected with the Work have been paid or otherwise satisfied, (2) a certificate evidencing that
insurance required by the Contract Documents will remain in force through the warranty period and will not be
canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner, (3) consent of
surety, if any, to final payment or release of substituted securities and (4) other data establishing payment or
satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances
arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor
refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond or substitute
security satisfactory to the Owner to indemnify the Owner against such Claim. If such claim remains unsatisfied
after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to
pay in discharging the Claim, including all costs and reasonable attorneys’ fees.
§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault
of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the
Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the
Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the
remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract
Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to
certification of such payment. Such payment shall be made under terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from
.1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a
waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at
the time of final Application for Payment.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY

§ 10.1 SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs
in connection with the performance of the Contract.
§ 10.2 SAFETY OF PERSONS AND PROPERTY

§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to
prevent damage, injury or loss to
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the
site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub-
subcontractors; and
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the course
of construction.
§ 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their
protection from damage, injury or loss.
§ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract,
reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations and notifying owners and users of adjacent sites and utilities.
§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are
necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under
supervision of properly qualified personnel.
§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property
insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in
whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed
by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under
Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or
anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable,
and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in
addition to the Contractor’s obligations under Section 3.18.
§ 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty
shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise
designated by the Contractor in writing to the Owner and Architect.
§ 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or
create an unsafe condition.
§ 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY

If either party suffers injury or damage to person or property because of an act or omission of the other party, or of
others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not
insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice
shall provide sufficient detail to enable the other party to investigate the matter.
§ 10.3 HAZARDOUS MATERIALS

§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents
regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the
Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death
to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl
(PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately
stop Work in the affected area and report the condition to the Owner and Architect in writing.
§ 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory
to verify the presence or absence of the material or substance reported by the Contractor and, in the event such
material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the
Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications
of persons or entities who are to perform tests verifying the presence or absence of such material or substance or
who are to perform the task of removal or safe containment of such material or substance. The Contractor and the
Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the
persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity
proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no
reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall
resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be
extended appropriately and the Contract Sum shall be increased in the amount of the Contractor’s reasonable
additional costs of shut-down, delay and start-up. The rights and liabilities of the parties when a hazardous
substance is encountered are specified by A.R.S. § 32-1129.03.
§ 10.3.3
§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings
to the site unless such materials or substances are required by the Contract Documents. The Owner shall be
responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor’s
fault or negligence in the use and handling of such materials or substances. The Contractor shall use materials or
substances as specified in the Contract Documents and provide product identification and/or Material Safety Data
Sheets (MSDS) which identify the materials as not containing asbestos per the regulatory standard.
The Contractor shall submit with the closing documents, a certificate validating that the materials used and installed
under the Contract, are in compliance with the project specifications.
§ 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of
a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to
perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s
fault or negligence.
§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for
the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the
Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred.
§ 10.4 EMERGENCIES
In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to
prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor
on account of an emergency shall be determined as provided in Article 15 and Article 7.
ARTICLE 11 INSURANCE AND BONDS

§ 11.1 CONTRACTOR’S LIABILITY INSURANCE
§ 11.1.1 Contractor and subcontractors shall procure and maintain until all of their obligations have been
discharged, including any warranty periods under this Contract, are satisfied, insurance against claims for injury to
persons or damage to property which may arise from or in connection with the performance of the work hereunder
by the Contractor, his agents, representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity
covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained
herein are sufficient to protect the Contractor and their subcontractors from liabilities that might arise out of the
performance of the work under this contract by the Contractor, its agents, representatives, employees or
subcontractors, and Contractor is free to purchase additional insurance
.1 Worker's Compensation and Employers' Liability

Workers' Compensation Statutory
Employers' Liability
Each Accident $ 500,000
Disease – Each Employee $ 500,000
Disease – Policy Limit $1,000,000
a. Policy shall contain a waiver of subrogation against the State of Arizona, its
departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees for losses arising from work performed by or on
behalf of the Contractor and their subcontractors.
b. This requirement shall not apply to: Separately, EACH Contractor and
subcontractor exempt under A.R.S. 23-901, AND when such Contractor or
subcontractor executes the appropriate waiver (Sole Proprietor/Independent
Contractor) form.
.2 Commercial General Liability – Occurrence Form

Policy shall include bodily injury, property damage, personal injury and broad form
contractual liability coverage.
x General Aggregate $2,000,000
x Products – Completed Operations Aggregate $1,000,000
x Personal and Advertising Injury $1,000,000
x Blanket Contractual Liability – Written and Oral $1,000,000
x Fire Legal Liability $ 50,000
x Each Occurrence $1,000,000
a. The policy shall be endorsed to include the following additional insured language:
“The State of Arizona, its departments, agencies, boards, commissions,
universities and its officers, officials, agents, and employees shall be named as
additional insureds with respect to liability arising out of the activities performed
by or on behalf of the Contractor".
b. Policy shall contain a waiver of subrogation against the State of Arizona, its
departments, agencies, boards, commissions, universities and its officers, officials,
agents, and employees for losses arising from work performed by or on behalf of
the Contractor.
.3 Business Automobile Liability

Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the
performance of this Contract.
Combined Single Limit (CSL) $1,000,000
a. The policy shall be endorsed to include the following additional insured language: “The State of
Arizona, its departments, agencies, boards, commissions, universities and its officers, officials,
agents, and employees shall be named as additional insureds with respect to liability arising out
of the activities performed by or on behalf of the Contractor, involving automobiles owned,
leased, hired or borrowed by the Contractor".
b. Policy shall contain a waiver of subrogation against the State of Arizona, its departments,
agencies, boards, commissions, universities and its officers, officials, agents, and employees for
losses arising from work performed by or on behalf of the Contractor.
.4 PROFESSIONAL LIABILITY (Claims Made)
Any required design services performed under this Contract is performed for the administrative
convenience and benefit of the Owner. The Owner shall be considered the third-party beneficiary of all
contracts for design services provided under this contract, and the Owner shall have the right to
enforce the duties of consultants under those contracts. If the Contractor selects a Design Professional
to provide required services the Contractor shall require the design professional to carry Professional
Liability Insurance with a minimum limit of $1,000,000 (Each Claim and/or Each Wrongful Act and/or
Each Loss) with an aggregate limit of $3,000,000, and to furnish the Contractor with certificates of
insurance for the coverage. The Retroactive Coverage Date shall be the same as the effective date of
this contract or earlier. The policy shall cover professional misconduct or lack of ordinary skill. The
policy shall contain an Extended Claims Reporting Provision of not less than two years following
termination of the policy.
§ 11.1.2 ADDITIONAL INSURANCE REQUIREMENTS: As required in Section 11.1.1, the policies shall
include, or be endorsed to include the following provisions:
1. The State of Arizona, its departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees wherever additional insured status is required such additional insured
shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability
are in excess of those required by this Contract.
2. The Contractors insurance coverage shall be primary insurance with respect to all other available
sources.
3. Coverage provided by the Contractor shall not be limited to the liability assumed under the
indemnification provisions of this Contract.
4. Coverages, whether written on an occurrence or claims made basis, shall be maintained without
interruption from the date of commencement of the Work until the date of final payment and termination
of any coverage required to be maintained after final payment unless otherwise required by the Contract
or any amendment thereto, and, with respect to the Contractor’s completed operations coverage, until the
expiration of the period for correction of Work or for such other period for maintenance of completed
operations coverage as specified in the Contract Documents.
§ 11.1.3 Verification of Coverage: Contractor shall furnish the State of Arizona with certificates of insurance
(ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for
each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
All certificates and endorsements are to be received and approved by the State of Arizona before work commences.
Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this
Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required
by this Contract, or to provide evidence of renewal, is a material breach of contract.
All certificates required by this Contract shall be sent directly to (the State Agency’s Procurement Manager). The
State of Arizona project/contract number and project description shall be noted on the certificate of insurance. The
State of Arizona reserves the right to require complete, certified copies of all insurance policies required by this
Contract at any time.
§ 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include
(1) the Owner, the Architect and the Architect’s Consultants as additional insureds for claims caused in whole or in
part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an
additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the
Contractor’s completed operations.
§ 11.1.5 Failure on the part of the Contractor to procure or maintain the required insurance shall constitute a
material breach of contract, upon which the Owner may immediately terminate this agreement or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by
the Owner shall be repaid by the Contractor to the Owner upon demand, or the Owner may offset the cost of the
premiums against any monies due to the Contractor from the Owner. Costs for coverages in excess of those
required shall not be charged to the Owner without prior written approval of the Owner.
§ 11.1.6 The Owner reserves the right to request and receive, within ten calendar days, certified copies of any or all
of the above policies and endorsements.
§ 11.1.7 Contractor and its insurers providing the required coverages shall waive their rights of recovery against
the Owner and its agents and employees.
§ 11.1.8 NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended, voided, canceled, or reduced in coverage
or in limits except after thirty (30) days prior written notice has been given to the State of Arizona. Such notice shall
be sent directly to (the State Agency’s Procurement Manager) and shall be sent by certified mail, return receipt
requested.
§ 11.1.9 ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non-
admitted insurers in the state of Arizona with an “A.M. Best” rating of not less than A- VII. The State of Arizona in
no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from
potential insurer insolvency.
§ 11.1.10 SUBCONTRACTORS: Contractors certificate(s) shall include all subcontractors as insureds under its
policies or Contractor shall furnish to the State of Arizona separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.
§ 11.1.11 APPROVAL: Any modification or variation from the insurance requirements in this Contract shall be
made by the contracting agency in consultation with the Department of Administration, Risk Management Division.
Such action will not require a final Contract amendment, but may be made by administrative action.
§ 11.2 OWNER’S LIABILITY INSURANCE

The Owner , at its option, may purchase and maintain other insurance for self-protection against claims, which may
arise from operations under the Contract..
§ 11.3 PROPERTY INSURANCE
§ 11.3.1 The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business
in Arizona, property insurance in the amount of the initial Contract Sum, as well as subsequent modifications
thereto for the entire Work at the site on a replacement costs basis without voluntary deductibles. Such property
insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing
by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in
Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by
this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the
Contractor, Subcontractors and Sub-subcontractors in the Project. During the life of the Contract and course of
construction, custody of the Work is completed and accepted by the Owner. For new construction projects, the
Contractor agrees to assume full responsibility for loss or damage to the Work being performed and to the buildings
under construction. For renovation construction projects the Contractor agrees to assume responsibility for loss or
damage to the Work being performed at least up to the full Contract Amount, unless otherwise required by the
Contract Documents or amendments thereto.
§ 11.3.1.1 Property insurance shall be on an “all-risk” policy form and shall include, without limitation, insurance
against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of
coverage, theft, vandalism, malicious mischief, collapse, earth movement, earthquake, water damage, flood,
windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned
by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect’s
services and expenses required as a result of such insured loss. “The State of Arizona and Owner shall be loss
payee as our interest may appear.
§ 11.3.1.2 If the Owner , Subcontractors, or Subcontractors are damaged by the failure or neglect of the Contractor to
purchase or maintain insurance as described above, then the Contractor shall bear all reasonable costs properly
attributable thereto.
§ 11.3.1.3 If the property insurance requires minimum deductibles, the Contractor shall pay costs not covered
because of such deductibles. If the Contractor or insurer increases the required minimum deductibles above the
amounts so identified or if the Contractor elects to purchase this insurance with voluntary deductible amounts, the
Contractor shall be responsible for payment of the additional costs not covered because of such increased or
voluntary deductibles.
§ 11.3.1.4 Unless otherwise provided in the Contract Documents, this property insurance shall cover portions of the
Work stored off the site, after written approval of the Owner at the value established in the approval, and also
portions of the Work in transit.
§ 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company
or companies providing property insurance have consented to such partial occupancy or use by endorsement or
otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or
companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that
would cause cancellation, lapse or reduction of insurance.
§ 11.3.1.6 The policies required by Section 11.3.1 shall be endorsed to include the State of Arizona and Owner, its
agents and employees as Loss Payee and shall stipulate that the insurance afforded shall be primary insurance and
that any other insurance or self-insured retention providing coverage to the State of Arizona and Owner, or to its
agents or employees, shall be excess and not contributory insurance to the insurance provided by Contractor
§ 11.3.1.7 The Contractor shall purchase and maintain, and furnish evidence of, Builder’s Risk Insurance. At a
minimum, the policy limits of such insurance shall be equal in face amount to the full Contract Amount. At the
option of the Owner or if called for elsewhere in the Contract Documents, the Contractor shall furnish evidence of
such insurance with limits up to the full value of the building under construction or renovation. Such insurance
shall include the interest of the Owner, its employees and agents, and of the Contractor, its employees and agents,
and of all Subcontractor, Sub-subcontractors and their employees and agents.
§ 11.3.2 BOILER AND MACHINERY INSURANCE
The Contractor shall purchase and maintain boiler and machinery insurance required by the Contract Documents or
by law, which shall specifically cover such insured objects during installation and until final acceptance by the
Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the
Work, and the Owner and Contractor shall be named insureds.
§ 11.3.3 LOSS OF USE INSURANCE

The Owner, at the Owner’s option, may purchase and maintain such insurance or self-insurance program as will
insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused.
§ 11.3.4 If the Owner requests in writing that insurance for risks other than those described herein or other special
causes of loss be included in the property insurance policy, the Contractor shall, if possible, include such insurance,
and the cost thereof shall be charged to the Owner by appropriate Change Order. If such insurance is not obtainable
by the Contractor, the Contractor shall immediately notify the Owner.
§ 11.3.5
§ 11.3.6 Before an exposure to loss may occur, the Contractor shall file within 14 calendar days of request with the
Owner a certified copy of each policy that includes insurance coverages required by this Section 11.3. Each policy
shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project.
Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will
not be reduced, until at least 50 days’ prior written notice has been given to the Owner
§ 11.3.6.1 The Owner requires the right to request and receive, within ten calendar days, additional certified copies
of any or all of the above policies and endorsements.
§ 11.3.6.2 Failure on the part of the Contactor to procure or maintain the required insurance shall constitute a
material breach of contract, upon which the Owner may immediately terminate this agreement or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by
the Owner shall be repaid by Contractor to the Owner upon demand, or the Owner may offset the cost of the
premiums against any monies due to the Contractor from the Owner..
§ 11.3.7 WAIVERS OF SUBROGATION

The Contractor waive all rights against (1) Owner and any of Contractors, subcontractors, sub-subcontractors, agents
and employees, and each subcontractor, sub-subcontractor against Contractor and Owner, and (2) the Architect,
Architect’s consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-
subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by
property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work. The
Owner or Contractor, as appropriate, shall require of the Architect, Architect’s consultants, separate contractors
described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by
appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties
enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver
of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a
duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and
whether or not the person or entity had an insurable interest in the property damaged.
§ 11.3.8 A loss insured under the Contractor’s property insurance shall be adjusted by the Contractor as fiduciary
and made payable to the Contractor as fiduciary for the insureds, as their interests may appear, subject to
requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors
their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where
legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar
manner.
§ 11.3.9 If required in writing by a party in interest, the Contractor as fiduciary shall, upon occurrence of an insured
loss, give bond for proper performance of the Contractor’s duties. The cost of required bonds shall be charged
against proceeds received as fiduciary. The Contractor shall deposit in a separate account proceeds so received,
which the Contractor shall distribute in accordance with such agreement as the parties in interest may reach, or as
determined in accordance with the method of binding dispute resolution selected in the Agreement between the
Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the
Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification
of a Change in the Work.
§ 11.3.10 The Contractor as fiduciary shall have power to adjust and settle a loss with insurers unless DOA, Risk
Management Section objects orally or in writing a reasonable time period after DOA, Risk Management Section is
notified of the occurrence of a loss to the Contractor’s exercise of this power; If such objection be made, the
Contractor, as fiduciary, shall, in that case, make settlement with insurer in accordance with the directions of the
DOA, Risk Management Section and shall distribute the insurance proceeds in accordance therewith.
§ 11.4 PERFORMANCE BOND AND PAYMENT BOND

§ 11.4.1 Within five days following execution of this Contract, the Contractor shall file with the Owner, a
performance bond and payment bond on State approved forms in the full amount of the Contract pursuant to A.R.S.
§ 41-2574. The bonds required by this section shall be provided solely by one or more surety companies holding a
Certificate of Authority to transact surety business in this State issued by the Director of the Department of
Insurance pursuant to A.R.S. § 20, Chapter 2, Article 1. The surety bond or bonds shall not be executed by
individual surety or sureties, even if the requirements of A.R.S. § 7-101 are satisfied.
§ 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment
of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall
authorize a copy to be furnished.
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK

§ 12.1 UNCOVERING OF WORK
§ 12.1.1 If a portion of the Work is covered contrary to the Architect’s request or to requirements specifically
expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the
Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time.
§ 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior
to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such
Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate
Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, such
costs and the cost of correction shall be at the Contractor’s expense unless the condition was caused by the Owner or
a separate contractor in which event the Owner shall be responsible for payment of such costs.
§ 12.2 CORRECTION OF WORK

§ 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION
The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of
the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated,
installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost
of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary
thereby, shall be at the Contractor’s expense.
§ 12.2.2 AFTER SUBSTANTIAL COMPLETION

§ 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of
Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties
established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents,
any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor
shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously
given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after
discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the
Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require
correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct
nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or
Architect, the Owner may correct it in accordance with Section 2.4.
§ 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first
performed after Substantial Completion by the period of time between Substantial Completion and the actual
completion of that portion of the Work, or for a period of six months after completion of the corrective Work,
whichever is longer.
§ 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the
Contractor pursuant to this Section 12.2.
§ 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the
requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.
§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or
partially completed, of the Owner or separate contractors caused by the Contractor’s correction or removal of Work
that is not in accordance with the requirements of the Contract Documents.
§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to
other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for
correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct
the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents
may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the
Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.
§ 12.3 ACCEPTANCE OF NONCONFORMING WORK

If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the
Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as
appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.
ARTICLE 13 MISCELLANEOUS PROVISIONS

§ 13.1 GOVERNING LAW
The Contract shall be governed by the law of the State of Arizona except that, if the parties have selected arbitration
as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4.
§ 13.2 SUCCESSORS AND ASSIGNS

§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal
representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided
in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the
other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain
legally responsible for all obligations under the Contract.
§ 13.2.2
§ 13.3 TRAINING, ASSIGNMENTS; PUBLICITY

§ 13.3.1 At the option and expense of the Owner, unless otherwise provided in the Specifications, maintenance, and
operating instruction sessions may be videotaped. The planning for instruction sessions shall allow for taping.
§ 13.3.2 The Owner and Contractor recognize that in actual economic practice overcharges resulting from antitrust
violations are in fact borne by the ultimate purchaser. Therefore, the Contractor hereby assigns to the Owner any
and all claims for such overcharges. The Contractor shall include this Section in all subcontracts, except
subcontracts for standard commercial supplies or raw materials and shall require all Subcontractors at all tiers to
likewise assign all claims for overcharges to the Owner.
§ 13.3.3 The Contractor shall not assign any of the funds to be received under the Contract unless the Contractor
has given prior written notice to the Owner and the Owner has no reasonable objection to the assignment.
§ 13.3.4 The Contractor shall not divulge information concerning this Project to anyone (including, without
limitation, information in applications for permits, variances, etc.) without the Owner’s prior written consent. The
Contractor shall obtain a similar agreement from Subcontractors, material men, consultants, and others employed
at every tier. The Owner reserves the right to release all information as well as to time, its release, form and
content. This requirement shall survive the expiration of the Contract.
§ 13.4 RIGHTS AND REMEDIES

§ 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder
shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available
by law.
§ 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty
afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a
breach there under, except as may be specifically agreed in writing.
§ 13.5 TESTS AND INSPECTIONS

§ 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract
Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public
authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and
approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public
authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect
timely notice of when and where tests and inspections are to be made so that the Architect may be present for such
procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until
after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or
applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor.
§ 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require
additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written
authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection
or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of
when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such
costs, except as provided in Section 13.5.3, shall be at the Owner’s expense.
§ 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the
portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary
by such failure including those of repeated procedures and compensation for the Architect’s services and expenses
shall be at the Contractor’s expense.
§ 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract
Documents, be secured by the Contractor and promptly delivered to the Architect.
§ 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the
Architect will do so promptly and, where practicable, at the normal place of testing.
§ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid
unreasonable delay in the Work.
§ 13.6 RECORD DRAWINGS

The Record Drawings shall consist of a set of drawings which indicate all field changes that were made to adapt to
field conditions, changes resulting from Contract Change Orders, and all concealed and buried installations of
piping, conduit, and utility services changed as part of the Work. All buried and concealed items both inside and
outside the facility shall be accurately located on the Record Drawings as to depth and in relationship to not less
that two permanent features, such as interior or exterior wall faces. The Record Drawings shall be clean and all
changes, corrections, and dimensions shall be given in a neat and legible manner in a contrasting color.
.
§ 13.7 TIME LIMITS ON CLAIMS
The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of
warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements
of the final dispute resolution method selected in the Agreement within the time period specified by applicable law,
but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and
Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7.
ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT

§ 14.1 TERMINATION BY THE CONTRACTOR
§ 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days
through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any
other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for
any of the following reasons:
.1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to
be stopped;
.2 A declaration of national emergency that requires all Work to be stopped;
.3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of
the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not
made payment on a Certificate for Payment within the time stated in the Contract Documents; or
.4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor’s request, reasonable
evidence as required by Section 2.2.1 or
.5 the Owner has persistently failed to fulfill the Owner’s obligations under the Contract Documents,
with respect to the progress of the Work, and the Contractor has given seven days’ written notice to
the Owner and the Architect of the details of such failure.
§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor,
Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work
under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work
by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of
days scheduled for the Project, or 120 days in any 365-day period, whichever is less.
§ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’
written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work
executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages.
§ 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a
Subcontractor or their agents or employees or any other persons performing portions of the Work under contract
with the Contractor because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract
Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional
days’ written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided
in Section 14.1.3.
§ 14.2 TERMINATION BY THE OWNER FOR CAUSE

§ 14.2.1 The Owner may terminate the Contract upon the repeated occurrence of and failure to correct any one or
more of the following:
.1 if the Contractor fails to supply sufficient skilled workmen or suitable materials or equipment;
.2 if the Contractor fails to make prompt payments to subcontractors or suppliers at any tier, or for
labor, materials, or equipment;
.3 if the Contractor fails to comply with laws, ordinances, rules, codes, regulations, orders, or similar
requirements of any public entity having jurisdiction or specified by this Contract;
.4 if the Contractor refuses or fails to prosecute the Work, or any separable part, with such diligence as
will ensure its completion within the agreed upon time; or if the Contractor fails to complete the
Work within such time:
.5 if the Contractor fails to follow any reasonable instruction by the Architect or the Owner;
.6 if the Contractor performs Work which deviates from the Contract Documents; or
.7 if the Contractor otherwise violates in any material way any provisions or requirements of the
Contract Document
§ 14.2.2 Once the Owner determines that sufficient cause exists, the Owner may terminate the Contract without
prejudice to any right or remedy the Owner may have, after giving the Contractor and its surety seven days’ notice
by issuing a written Declaration of Default. After expiration of this seven day period, the Owner shall have the sole
discretion to permit the Contractor to remedy the cause for the contemplated termination without waiving the
Owner’s right to terminate the Contract.
§ 14.2.3 In the event the Contract is terminated, the Owner may take over the Work and prosecute it to completion,
by contract or otherwise, and may exclude the Contractor from the site. The Owner may take possession of the
Work and of all of the Contractor’s tools, construction equipment, machinery, and plant which may be on the site of
the Work, and use the same to the full extent they could be used by the Contractor, and without liability to the
Contractor except to return them undamaged, reasonable wear and tear excepted, at such time as any such item no
longer has utility for completion of the Work, the Owner may also take possession of all materials and appliances
stored at the site and finish the Work as the Owner deems expedient. In such case, the Contractor shall not be
entitled to receive further payment until the Work is finished.
§ 14.2.4 If the unpaid balance of the Contract Sum exceeds the direct and indirect costs and expenses of completing
the Work, including compensation for additional professional and consultant services, such excess shall be used to
pay the Contractor for the Work it performed and other damage incurred by the Owner and not expressly waived,
such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor
shall pay the difference to the Owner. In exercising the Owner’s right to prosecute the completion of the Work the
Owner shall have the right to exercise its sole discretion as to the manner and methods of completing Work. In the
event that the Owner accepts bids for corrective Work or completion of the Project, the Contractor shall not be
eligible for the award of such contracts.
§ 14.2.5 The Owner shall have the option of requiring any, all, or none of the Subcontractors to perform according
to their subcontracts and may assign any or all of the subcontracts to a general contractor selected to complete the
Work.
§ 14.2.6 If the Owner takes over the Work, unexecuted orders entered into by the Contractor for performance of any
part of the Work will be effective upon acceptance by the Owner in writing, and only as to those subcontracts and
purchase orders which the Owner designates in writing. The Owner may accept the assignment at any time during
the course of construction prior to Final Completion. All subcontracts and purchase orders shall provide that they
are freely assignable by the Contractor to the Owner and its assigns. The assignment is part of the consideration to
the Owner for entering into this Contract and may not be withdrawn prior to Final Completion of the Work.
§ 14.2.7 In the event the Contract is terminated and it is determined for any reason that the Contractor was not in
default, the termination shall be deemed a Suspension for Convenience of the Owner and the rights and obligations
of the parties shall be determined in accordance with Section 14.3
§ 14.2.8 This Contract may be terminated by the Owner under the conditions stated in A.R.S. § 38-511.
§ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE

§ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in
whole or in part for such period of time as the Owner may determine.
§ 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by
suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include
profit. No adjustment shall be made to the extent
.1 that performance is, was or would have been so suspended, delayed or interrupted by another cause
for which the Contractor is responsible; or
.2 that an equitable adjustment is made or denied under another provision of the Contract.
§ 14.3.3 If funds appropriated by the Legislature of the State of Arizona to the Owner to perform the Work become
unavailable for payment under this Contract, the Owner may delay construction for a period up to six months, after
which date if no appropriated funds are made available by the Legislature, this Contract shall terminate at the
option of the Owner. In the event of such delay or termination, the Owner shall pay the Contractor under the
Contract through the date of Work stoppage but only direct costs may be recovered by the Contractor for damages
reasonably incurred after the date of Work stoppage.
§ 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE

§ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause.
§ 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the
Contractor shall
.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 subcontracts and purchase orders and enter into no further subcontracts
and purchase orders.
§ 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment
for Work executed, and costs incurred by reason of such termination, substantiated in accordance with Section
7.2.2.
ARTICLE 15 CLAIMS AND DISPUTES

§ 15.1 CLAIMS
§ 15.1.1 DEFINITION
A Claim is a demand or assertion by one of the parties seeking, as a matter of 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 Contractor arising out of or relating to the Contract. The responsibility to
substantiate Claims shall rest with the party making the Claim.
§ 15.1.2 NOTICE OF CLAIMS

Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial
Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker.
Claims by either party must be initiated 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.
.1 If the Contractor incurs damages related to expenses caused by a delay for which the Owner is
responsible, which is unreasonable under the circumstances, and which was not reasonably contemplated
by the parties at the time of formation of this Contract, then the parties shall resolve the Contractor’s claim
pursuant to A.R.S. § 41-2617. The Contractor shall notify the Owner in writing within five working days of
such delay, specifying why the Owner is believed by the Contractor to be responsible for the delay and the
percentage extent to which the Contractor believes the Owner to be responsible. Failure to provide such
timely notice constitutes a waiver of all rights under A.R.S. § 41-2617.
.2 Any and all claims for extension of time or damages because of a delay shall be made in writing to
the Architect and Owner, not more than 21 calendar days from the beginning of the delay or within 21 days
after the Claimant first should have recognized the condition giving rise to the delay. The notice shall
indicate the cause of the delay, the anticipated length of the delay, and the probable effect of the delay upon
the progress of the Work.
.3 Except to the extent a delay is caused by the Owner and is unreasonable in the circumstances, an
extension of time shall be the Contractor’s sole remedy for delay. The Contractor expressly agrees not to
make, and thereby waives any claim for damages against the Owner on account of a delay, obstruction, or
hindrance for any cause whatsoever, and agrees that the Contractor’s sole right and remedy in the case of
a delay shall be an extension of the time fixed for completion of the Contract.
§ 15.1.3 CONTINUING CONTRACT PERFORMANCE

Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article
14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make
payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue
Certificates for Payment in accordance with the decisions of the Initial Decision Maker.
§ 15.1.4 CLAIMS FOR ADDITIONAL COST

If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall
be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency
endangering life or property arising under Section 10.4.
§ 15.1.5 CLAIMS FOR ADDITIONAL TIME
§ 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided
herein shall be given. The Contractor’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.
§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be
documented by data substantiating that weather conditions were abnormal for the period of time, could not have
been reasonably anticipated and had an adverse effect on the scheduled construction.
§ 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES This paragraph deleted per direction of ADOA/Risk
Management Office 9/24/09.
§ 15.2 INITIAL DECISION

§ 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial
Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise
indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be
required as a condition precedent to filing a claim pursuant to Paragraph § 15.3 arising prior to the date final
payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no
decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision
Maker will not decide disputes between the Contractor and persons or entities other than the Owner.
§ 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or
more of the following actions: (1) request additional supporting data from the claimant or a response with supporting
data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise,
or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker
lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the
Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the
Claim.
§ 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek
information from either party or from persons with special knowledge or expertise who may assist the Initial
Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of
such persons at the Owner’s expense.
§ 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional
supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a
response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting
data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon
receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim
in whole or in part.
§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that
the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the
reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision
Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding
on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding
dispute resolution.
§ 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1.
§ 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party
file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the
demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue
binding dispute resolution proceedings with respect to the initial decision.
§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if
any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner
may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.
§ 15.2.8
§ 15.3 ADMINISTRATIVE RESOLUTION OF CLAIMS AND DISPUTES

§ 15.3.1 Any dispute between the Contractor and the Owner or between the Contractor and the Owner’s authorized
representative arising out of or relating to the Contract, except Claims relating to aesthetic effect and except those
waived as provided for in Sections 15.1.6, 9.10.4 and 9.10.5, which has not been resolved by the Architect in a
manner acceptable to both the Contractor and Owner, shall be resolved pursuant to the Arizona Procurement Code
(Chapter 23, Title 41, A.R.S.) and the Rules of the Director of the Department of Administration.
§ 15.3.2 The Parties agree that the Arizona Procurement Code and rules issued thereunder shall be the exclusive
means for resolving disputes arising under the Contract.
§ 15.3.3
§ 15.4 ARBITRATION
The parties agree to use arbitration, after exhausting applicable administrative review, to the extent required by
A.R.S. §12-1518. In the event such a dispute is arbitrated, the parties hereby agree that the prevailing party is
entitled to recover its attorney’s fees and costs. Attorney’s fees shall be based on the prevailing hourly rate for
attorneys in Phoenix, Arizona.
§ 15.4.1
§ 15.4.1.1
§ 15.4.2
§ 15.4.3
§ 15.4.4
§ 15.4.4.1
§ 15.4.4.2
§ 15.4.4.3

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Editing Template ADDITIONS AND DELETIONS:

6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

10 PROTECTION OF PERSONS AND PROPERTY

12 UNCOVERING AND CORRECTION OF WORK

14 TERMINATION OR SUSPENSION OF THE CONTRACT

15 CLAIMS AND DISPUTES

§ 1.1.2 THE CONTRACT

§ 1.1.3 THE WORK

§ 1.1.4 THE PROJECT

§ 1.1.5 THE DRAWINGS

§ 1.1.6 THE SPECIFICATIONS

§ 1.1.7 INSTRUMENTS OF SERVICE

§ 1.1.8 INITIAL DECISION MAKER

§ 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS

§ 1.4.1 EXECUTION OF CONTRACT DOCUMENTS

§ 1.7 ANTI-TRUST VIOLATIONS

§ 1.8 IMMIGRATION LAWS: E-VERIFY REQUIREMENT:

§ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER

§ 2.3 OWNER’S RIGHT TO STOP THE WORK

§ 2.4 OWNER’S RIGHT TO CARRY OUT THE WORK

§ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR

§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES

§ 3.4 LABOR AND MATERIALS

§ 3.5.5 YEAR 2000 COMPLIANCE:

§ 3.7 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS

§ 3.8.2 Unless otherwise provided in the Contract Documents,

§ 3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES

§ 3.11 DOCUMENTS AND SAMPLES AT THE SITE

§ 3.13 USE OF SITE

§ 3.16 ACCESS TO WORK

§ 3.17 ROYALTIES, PATENTS AND COPYRIGHTS

§ 4.2 ADMINISTRATION OF THE CONTRACT

§ 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION

§ 5.3 SUBCONTRACTUAL RELATIONS

§ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS

ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

§ 6.2 MUTUAL RESPONSIBILITY

§ 6.3 OWNER’S RIGHT TO CLEAN UP

ARTICLE 7 CHANGES IN THE WORK

.1 by unit prices stated in the Contract Documents;

.1 by unit prices stated in the Contract Documents; or

§ 7.4 MINOR CHANGES IN THE WORK

§ 8.2 PROGRESS AND COMPLETION

§ 8.3 DELAYS AND EXTENSIONS OF TIME

ARTICLE 9 PAYMENTS AND COMPLETION

§ 9.2 SCHEDULE OF VALUES

§ 9.3 APPLICATIONS FOR PAYMENT

§ 9.4 CERTIFICATES FOR PAYMENT

§ 9.5 DECISIONS TO WITHHOLD CERTIFICATION

§ 9.6 PROGRESS PAYMENTS

§ 9.7 FAILURE OF PAYMENT

§ 9.8 SUBSTANTIAL COMPLETION

§ 9.9 PARTIAL OCCUPANCY OR USE

§ 9.10 FINAL COMPLETION AND FINAL PAYMENT

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY

§ 10.2 SAFETY OF PERSONS AND PROPERTY

§ 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY

§ 10.3 HAZARDOUS MATERIALS