|
<br />t`
<br />~~
<br />4
<br />§ ~.~.9.2 TFte Architect's cer-tiitcation far payment shall constit«te a represeiltati~•,n to the Uwaer, h:ised on thr f~rchitecl'ti
<br />evaluation of the Work as provided in Section 2.C~.S and on the da!a comprising the Contractcti~'s nppfica[ion for
<br />Payment, that the Work has progressed to the point indicated aid that, to the best of [tic llrchit~cl'ti I:aowlcd~r.
<br />information and belief, the quality of the Work is in accordance with thf: Crnrt~~lcf Docr.unen[s. The Poregoin~~
<br />representations are subject (1) to an evaluation of the Work far con!'ormance with the ColiU Sul Docuizients upon
<br />Substantial Completion, (2) to results of subsequent tests and inspections, (3) to con•ection of minor deviations from the
<br />Contract Documents prior to completion, and (4) to specific. qualifications .:xpressed by the l~rchi[a:f.
<br />§ 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made
<br />exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed consU•uction
<br />means, methods, techniques, sequences or procedures, (3) reviewed. copies of requisitions received from Subcontractor
<br />and material suppliers and other data requested by the Owner to substantiate the Contractors 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 Work that does not conform to the Contract Documents. Whenever
<br />the Architect.considers it necessary yr advisable, the Architect shall have authority to require inspection or testing of the
<br />- Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
<br />completed. However; neithex t}ris authority of the Architect nor a decision made in good faith either to exercise or noL• to
<br />exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors,
<br />material and egtripnaent suppliers, their agents or employees or other persons or entities performing portions of the
<br />Work. -
<br />:§.2,6,1.~'~The ~irchitect shall re~iteVV.' and approve or take othelt•appropriate action upon the Contractor's submittals such as
<br />.;Shop Dra~urttgs,l'rodgct ~Datg arid; Samples, but only fpr tliil.iinited purpose of checking for conformance with
<br />'informati'on greet-a~t1d'thedesrgti'concept expressr'd,ittt tli_e'Contraci Documents. The Architect's action shall tie •taiceh
<br />°: with such reasoftafle p~o~iptneSS as to cause po rl~Xa'y in the Work or in the activities of the Owner, Cont~aetor or
<br />separate cgntraetors, while,~llowng sufficceent-hme in the Architect's professional judgment to permit adequate review.
<br />~. -
<br />;Review of,such subrtatttals rs not~g>rjdulrted for the purpose of determining the accuracy and completeness of other
<br />details such as drncnsrons and quan't~ues, or for substantiating instructions for installation=or pet~ormance of equipment
<br />' : or systeruS all of which remain the responsibility of the Contractor as required by tt{e Contract Documents. The
<br />Architect's_revrew;shall not constitute approval of safety precautions or, unless otherwise specifically stated by the
<br />'.Archrtect;of~ny ciittstruction means, methods, techniques, sequences or procedures The Architect's approval of a
<br />sp~ctfic item shill :ttotrlnclicate approval of an assembly of which the item is a component.
<br />§ 2;612 •I£professibnaldeslgn services or certifications by a design professional:related to systems, materials or
<br />equipritetit;ate specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate
<br />Qerformarace and tlieSrgr ~riieria that such services must satisfy. Shop Drawings and other submittals related to the Work
<br />desigrt+~d or certifiel:.by the .design professional retained by the Contractor shall bear such professional's written
<br />approval 1v~ien submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and
<br />completeness oftkre services, certifications or approvals performed by such design professionals.
<br />§;2:6 ~3.The Architect shall prepare Change Orders and Construction Change D'uectives, with supporting documentation
<br />and ~iiata if deemed necessary by the Architect as provided in Sections 3.1.1 and 3.3.3, for the Owner's approval and
<br />execti_ti[on in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an
<br />__ :adjtistment in the Contract Sum or an.extetision of the Contract Time which are consistent with the intent of the
<br />Contract Documents. - ~~~ g.'~= •
<br />'" ~ §-2:6.14 The Architect shall conduct >nspectio,ts #a'determine the date or dates of Substantial Completrona d~io' date of
<br />frnal coxnpletton, shall receive frorn'th ~pn(trtct~r and forward to the Owner, for the Owner's re~iew"atl~ cords;
<br />written warrand[es and related doc ~quired by the Contract Docui[nents and assemble~d~by ~laaeontcactor, and.
<br />~.
<br />shall-iscuea:~nal;~ertificate~ nt based upon a final inspection indicating the Wrc~np~ies with the
<br />- iecluiremerit5 of the Contr~l~ o~me_ nts. ~~ "°
<br />G }~ k t r ~,
<br />ti = § x.6:1 S The-Arc,hitec[ shall interpret and decide. matters concerning perforiii~of the Owner and Contractor under;
<br />afid requiroirient~ of, the Contract Documents on_ written request of either ie'~wner or Contractor. The Architiect's
<br />response to such requests shall be made. nt writing within any time limits agreed upon or otherwise with reasonable
<br />promptness.
<br />AIA Document B151'r"r -1997. Copyright ~ 7974; 1978,1987, and 1997 ny The American Institute of Architects. AI rights. re5arvad. WARNING: This
<br />AIAs Document is protected by U.S. Copyrlght.l.a'w and.lnternatlonal Treatles..Unauthorized reproduction or distribution of this AIAeDoeGmBnt,
<br />or any portion of it, may result in severe civil and criminal penaHles; and will be prosecuted to the maxtmum extern possible under the law. 4
<br />Purchasers are permitted to reproduce ten (i0).coptes of this doarmerrt when completed. To report cwpyrlght violations of AIA Contras Documents, a-mail
<br />. The American institute of Architects' legal counsel, copyright~aia.org.
<br />
|