4.1.2 Delete subparagraph 4.1.2.
4.1.4 Delete subparagraph 4.1.4.
4.2.7 In subparagraph 4.2.7, add to the end of the first sentence, "and only to the extent
which the Architect believes desirable to protect the Owner's interest." Change the second sentence to read:
ELEVATOR MODERNIZATIONS Boston, Massachusetts
BROOKLINE, MASSACHUSETTS Tel: (617) 268-8977
CBI JOB NO.: 14007 Fax: (617) 464-2971
"The Architect's action will be taken with reasonable promptness, while allowing sufficient time in the Architect's professional judgment to permit adequate review, taking into account the time periods set forth in the latest schedule prepared by the Contractor and approved by the Architect pursuant to subparagraphs 8.2.4 through 8.2.10." In the fifth sentence, delete the words "unless otherwise specifically stated by the Architect."
4.2.10 At the end of subparagraph 4.2.10, add the following:
If no such exhibit has been so incorporated, the duties, responsibilities, and limitations of authority of such Project Representative shall be as set forth in the edition of AIA Document B352 current as of the date of the Agreement. Alternatively, the Owner may employ a Clerk of the Works for the Project, in which case the Owner shall, upon request of the Contractor, provide the Contractor with a written statement of the duties, responsibilities and limitations of authority of such Clerk of the Works. Except as expressly set forth in such written statement, the Clerk of the Works shall have no authority to approve Work, to approve Changes, or to exercise any of the power and authority of the Owner or the Architect.
4.2.11 Delete the last sentence of subparagraph 4.2.11 and substitute the following:
The Architect may, as the Architect judges desirable, issue additional drawings or instructions indicating in greater detail the construction or design of the various parts of the Work; such drawings or instructions may be effected by field order or other notice to the Contractor, and provided such drawings or instructions are reasonably consistent with the previously existing Contract Documents, the Work shall be executed in accordance with such additional drawings or instructions without additional cost or extension of the Contract Time. If the Contractor claims additional cost or time on account of such additional drawings or instructions, the Contractor shall give the notice provided in subparagraph 4.3.7.
4.3.2 Revise subparagraph 4.3.2 to read as follows:
4.3.2 Claims arising prior to final payment or the earlier termination of the Contract shall be referred initially to the Architect for action as provided in Paragraph 4.4.
4.3.3 Revise the last sentence of subparagraph 4.3.3 to read as follows:
Any change or addition to a previously made Claim shall be made by timely written notice in accordance with this subparagraph 4.3.3.
4.3.5 Add the following to the end of subparagraph 4.3.5:
Any Claim which has not been waived in accordance with this subparagraph shall be deemed to have accrued upon discovery by the Owner of the condition or breach upon which such Claim is based, for the purpose of any applicable statute of limitation.
4.3.6 Change subparagraph 4.3.6 to read as follows:
4.3.6 *(Statutory reference: M.G.L. C.30 §39N)
If, during the progress of the work, the Contractor or the awarding authority discovers that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those shown on the plans or indicated in the Contract
ELEVATOR MODERNIZATIONS Boston, Massachusetts
BROOKLINE, MASSACHUSETTS Tel: (617) 268-8977
CBI JOB NO.: 14007 Fax: (617) 464-2971
MODIFICATIONS TO THE GENERAL CONDITIONS
Documents, either the Contractor or the awarding authority may request an equitable adjustment in the contract price of the contract applying to work affected by the differing site conditions. A request for such an adjustment shall be in writing and shall be delivered by the party making such claim to the other party as soon as possible after such conditions are discovered. Upon receipt of such a claim from a Contractor, or upon its own initiative, the awarding authority shall make an investigation of such physical conditions, and, if they differ substantially or materially from those shown on the plans or indicated in the Contract Documents or from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the plans and Contract documents and are of such a nature as to cause an increase or decrease in the cost of performance of the work or a change in the construction methods required for the performance of the work which results in an increase or decrease in the cost of the work, the awarding authority shall make an equitable adjustment in the contract price and the contract shall be modified in writing accordingly.
4.3.7 Change subparagraph 4.3.7 to read as follows:
4.3.7 If the Contractor claims that any acts or omissions of the Owner or the Architect, including any instructions or orders, whether oral, written, by Drawings, or otherwise, involve extra cost or time, and the Contractor has not received a written acknowledgment by the Owner or Architect that extra payment will be made or time extended on account thereof, the Contractor shall promptly so notify the Architect in writing of such Claim and shall not proceed with the Work relating to such Claim until the Contractor has received a further written order to proceed in accordance with Paragraph 4.4 except, as provided in Paragraph 10.3, in the case of an emergency affecting life or property. No Claim by the Contractor on account of such acts, omissions, instructions or orders shall be valid unless the Contractor has so notified the Architect, before proceeding, and has received the further written order to proceed.
4.3.8.1 Delete the second sentence of subparagraph 4.3.8.1 and substitute the following:
The Contractor shall have the burden of demonstrating the effect of the claimed delay on the Contract Time, and shall furnish the Architect with such documentation relating thereto as the Architect may reasonably require.
4.3.8.2 Delete subparagraph 4.3.8.2.
4.4 Replace Paragraph 4.4 with the following:
4.4 REVIEW OF CLAIMS BY ARCHITECT
4.4.1 The Architect shall review Claims and may (1) defer any action with respect to all or any part of a Claim and request additional information from either party; (2) decline to render a decision for any reason which he deems appropriate (including but not limited to the fact that the Claim involves allegations of fault on the part of the Architect); or (3) render a decision on all or a part of the Claim. The Architect shall notify the parties in writing of his disposition of such Claim.
If the Architect decides that the Work relating to such Claim should proceed regardless of his disposition of such Claim, the Architect shall issue to the Contractor a written order to proceed. The Contractor shall proceed as instructed, and all rights of both parties with respect to such Claim shall be deemed to have been reserved.
ELEVATOR MODERNIZATIONS Boston, Massachusetts
BROOKLINE, MASSACHUSETTS Tel: (617) 268-8977
CBI JOB NO.: 14007 Fax: (617) 464-2971
4.4.5-
4.4.6 Insert new subparagraphs 4.4.5 and 4.4.6, as follows:
4.4.5 The Contractor, and any Subcontractor, Supplier and any other person or organization performing any part of Work, agree that each of them will waive jurisdiction and venue and shall submit to the jurisdiction of the courts of the Commonwealth of Massachusetts regardless of residence or domicile, with respect to any actions or suits at law or in equity arising under or related to the bidding, award or performance of the Work.
4.4.6 The Contractor, Subcontractors, Suppliers or any other person or organization shall not commence any action, other than those in the Commonwealth of Massachusetts in the county where the Owner’s headquarters are located, against the Owner and the Architect, or any of their consultants, and/or any of their respective directors, officers, employees, representatives or agents, with regard to any matter whatsoever arising out of or relating to the validity, construction, interpretation or reinforcement of the Contract.
4.5 Delete paragraph 4.5 in its entirety.
4.6 Add new Paragraph 4.6 as follows:
4.6* DECISIONS BY AWARDING AUTHORITY OR ARCHITECT 4.6.1* (Statutory Reference: M.G.L. c.30 §36P)
In every case in which this contract requires the awarding authority, any official, its Architect or Engineer to make a decision on interpretation of the specifications, approval of equipment, material or any other approval, or progress of the work, the decision shall be made promptly and, in any event, no later than thirty days after the written submission for decision; but if such decision requires extended investigation and study, the awarding authority, the official, Architect or Engineer shall, within thirty days after the receipt of the submission, give the party making the submission written notice of the reasons why the decision cannot be made within the thirty-day period and the date by which the decision will be made.
4.6.2* (Statutory reference: M.G.L. c.30 §39J)
Notwithstanding any contrary provision of this contract, no decision by the awarding authority or by the Architect on a dispute, whether of fact or of law, arising under said contract shall be final or conclusive if such decision is made in bad faith, fraudulently, capriciously, or arbitrarily, is unsupported by substantial evidence, or is based upon error of law.