Concealed conditions: 14 days
AIA A201-2017 §3.7.4 requires notice to the Owner and Architect before the conditions are disturbed and in no event later than 14 days after first observance.
- The trap: 21 days is the A201-2007 figure. The 2017 edition cut it to 14.
- Notice after disturbing the conditions defeats the point, which is that the Architect sees them undisturbed.
Worked example: unmapped rock first observed March 3, not disturbed. March 3 + 14 = March 17. March 10 uses 7 days, March 24 uses the superseded 21, April 2 uses 30.
When the Architect says "not materially different"
Timely notice alone does not earn an adjustment; the conditions must differ materially and affect cost or time. If the Architect finds they do not, the Architect notifies the Owner and Contractor in writing with reasons, and a party that opposes the determination may submit a Claim under Article 15. The determination is not final. A Construction Change Directive is not the remedy.
Owner's right to carry out the Work: 10 days
Under §2.5, after the Owner's notice of default, if the Contractor fails within ten days after receipt to commence and continue correction, the Owner may correct the deficiencies itself.
Claims: 21 days from the later date
§15.1.3.1: a Claim is initiated within 21 days after the event or after first recognition of the condition, whichever is later.
Worked example: event April 1, first recognized April 20. Use April 20: April 20 + 21 = May 11. Counting from April 1 gives April 22, the trap.
Outer limit and late discovery
- §15.1.2: claims must be commenced within the period set by applicable law, but in no case more than 10 years after Substantial Completion. Not one year (that is the correction period), and not 10 years from the Agreement date.
- §15.1.3.2: for a condition first discovered after the correction period expires, only notice to the other party is required. There is no 21-day limit and no Initial Decision Maker decision. The correction period does not restart on discovery, and its expiry does not end all rights.