Orange County NC Website
§ 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's <br />evaluation of the Worlc as provided. in Section 2.6.5 and on the data comprising the Contractor's Application for <br />Payment, that the Work has progtessed to the point indicated and that, to the best of the Architect's knowledge,. <br />information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing <br />representations are subject (h) to an evaluation of the Work for conformance with the Contract Documents upon <br />Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of min'gr-':deviations from the <br />Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. <br />§ 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation th~3t the A> chitect has (1) made <br />exhaustive or continuous on-site inspections to check the quality or quantity-oF:ahe Work, (2) reviewed construction <br />means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors <br />and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) <br />ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. <br />§ 2.6.10 The Architect shall have authority to reject Worlc that does not conform to the Contract Documents. Whenever <br />the Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the <br />Worlc in accordance with the provisions of the Contract Documents, whether or not such Worlc is fabricated, installed or <br />completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to <br />exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, <br />material and equipment suppliers, their agents or employees or other persons or entities performing portions of the <br />Worlc. <br />§ 2.6.11 The Architect shall review and approve or take other- appropriate action upon the Contractor's submittals such as <br />Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with <br />information given and the design concept expressed in the Contract Documents. The Architect's action shall be oaken <br />with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor:,oi <br />separate contractors, while allowiulg sufficient time in the Architect's professional judgment to permit adequate review. <br />Review of such submittals is not conducfed''for the purpose of determining the accuracy and completeness of other <br />details such as dimensions and quantities, or for substantiating instructions for installation or pet~formance of equipment <br />or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The <br />Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the <br />Architect, of any construction means, methods, techniques, sequences or procedures: The Architect's approval of a <br />specific item shall not indicate approval of an assembly of which the item is a component. <br />§ 2.6.12 If professionah design services or certifications by a design professional related to systems, materials or <br />equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate <br />performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work <br />designed or certhfhed by the design professional retained by the Contractor shall bear such professional's written <br />approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and <br />completeness of the services, certifications or approvals performed by such design professionals. <br />§ 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation <br />and data if deemed necessary by the Architect as provided in Sections 3.1.1 and 3.3.3, for the Owner's approval and <br />execution in accordance with the Contract Documents, and tnay authorize minor changes in the Work not involving an <br />adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the <br />Contract Documents. <br />§ 2.6.14 The Archhtect shall conduct inspections to determine the date or dates of Substantial Completion and the date of <br />final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, <br />written warranties and related documents required by the Contract Documents and assembled by the Contractor, and <br />shall issue a final Certificate for Payment based upon a final inspection indicating the Wotk coiiplies with the <br />requirements of the Contract Documents. - <br />§ 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under,. <br />and requirements of, the Contract Documents on written request of either fhe''Owner or Contractor. The Architect's <br />response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable <br />promptness. <br />AIA Document 8151 TM -1997. Copyright ©1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This <br />AIA'~Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIA'DDocument, <br />or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 4' <br />Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, a-mail <br />The American Institute of Architects' legal counsel, copyright@aia.org. <br />