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materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may
<br /> finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor,
<br /> the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the
<br /> Work.
<br /> § 20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1, the Contractor shall
<br /> not be entitled to receive further payment until the Work is finished.
<br /> § 20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for
<br /> the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not
<br /> expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance,
<br /> the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case
<br /> may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive
<br /> termination of the Contract.
<br /> § 20.3 TERMINATION BY THE OWNER FOR CONVENIENCE
<br /> The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. The Contractor
<br /> shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with
<br /> reasonable overhead and profit on the Work not executed.
<br /> ARTICLE 21 CLAIMS AND DISPUTES
<br /> § 21.1 Claims, disputes and other matters in question arising out of or relating to this Contract, including those
<br /> alleging an error or omission by the Architect but excluding those arising under Section 16.2, shall be referred
<br /> initially to the Architect for decision. Such matters, except those waived as provided for in Section 21.8 and Sections
<br /> 15.5.3 and 15.5.4, shall, after initial decision by the Architect or 30 days after submission of the matter to the
<br /> Architect, be subject to mediation as a condition precedent to binding dispute resolution.
<br /> § 21.2 If a claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the party
<br /> asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing
<br /> deadlines.
<br /> § 21.3 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree
<br /> otherwise, shall be administered by the American Arbitration Association in accordance with their Construction
<br /> Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in
<br /> writing, delivered to the other party to this Agreement, and filed with the person or entity administering the
<br /> mediation. The request may be made concurrently with the binding dispute resolution but, in such event, mediation
<br /> shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a
<br /> period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.
<br /> If an arbitration is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the
<br /> arbitrator(s) and agree upon a schedule for later proceedings.
<br /> § 21.4 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any
<br /> claim, subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually
<br /> agree otherwise, shall be administered by the American Arbitration Association, in accordance with the
<br /> Construction Industry Arbitration Rules in effect on the date of this Agreement. Demand for arbitration shall be
<br /> made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the
<br /> arbitration. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in
<br /> accordance with applicable law in any court having jurisdiction thereof.
<br /> § 21.5 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any
<br /> other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration
<br /> permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact;
<br /> and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
<br /> § 21.6 Any party to an arbitration may include by joinder persons or entities substantially involved in a common
<br /> question of law or fact whose presence is required if complete relief is to be accorded in arbitration provided that the
<br /> init. AIA Document A107 — 2007. Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of
<br /> Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1
<br /> reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
<br /> maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540_1 which
<br /> expires on 09/30/2010, and is not for resale.
<br /> User Notes: (1093954413)
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