Section 8.16 Notice of Delay

• Library: Construction Law 2016 Supp

E. (§8.16) Notice of Delay

AIA Document A201-1997, General Conditions of the Contract for Construction (15^th ed.), ¶ 4.3.4, includes a “concealed conditions” clause requiring the contractor to give notice to the owner “promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions.” If the architect determines that such conditions differ materially from those indicated in the contract or otherwise ordinarily anticipated and cause a change in the cost or time of performance, the architect will recommend an equitable adjustment to the contract compensation or schedule. “Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision.” Id....