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be responsible for the Architect's negligent acts or omissions, but shall not have control <br />over or charge of and shall not be responsible for acts or omissions of the Contractor, <br />Subcontractors, or their agents or employees, or of any other persons or entities performing <br />portions of the Work. <br />2.6.2.3 The Architect shall at all times have access to the Work wherever it is in <br />preparation or progress. <br />2.6.2.4 Except as otherwise provided in this Agreement or when direct communications <br />have been specially authorized, the Owner shall endeavor to communicate with the <br />Contractor through the Architect about matters arising out of or relating to the Contract This document has important legal <br />Documents. Communications by and with the Architect's consultants shall be through the consequences. Consultation with an <br />AI'ChlteCt. attorney !s encouraged with respect <br /> to its completion or modlf(catlon. <br />2.6.2.5 The Architect shall have authority to reject Work that does not conform to the AUTHENTICATION OFTH/S <br />Contract Documents. Whenever the Architect considers It necessary or advisable, the ELECTRONICALLY DRAFTED AIA <br />Architect will have authority to require inspection or testing of the Work in accordance DOCUMENT MAY BE MADE BY <br />with the provisions of the Contract Documents, whether or not such Work is fabricated, USING AIA DOCUMENT D401. <br />installed or completed. However, neither this authority of the Architect nor a decision made <br />in good faith either to exercise or not to exercise such authority shall give rise to a duty or <br />responsibility of the Architect to the Contractor, Subcontractors, material and equipment <br />suppliers, their agents or employees or other persons or entities performing portions of the <br />Work. <br />2.6.1.5 CERTIFICATION OF PAYMENTS TO CONTRACTOR <br />2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall <br />issue Certificates for Payment in such amounts. The Architect's certification for payment <br />shall constitute a representation to the Owner, based on the Architect's evaluation of the <br />Work as provided in Paragraph 2.6.2 and on the data comprising the Contractor's <br />Application for Payment, that the Work has progressed to the point indicated and that, to <br />the best of the Architect's knowledge, information and belief, the quality of the Work is in <br />accordance with the Contract Documents. The foregoing representations are subject (1) to <br />an evaluation of the Work for conformance with the Contract Documents upon Substantial <br />Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor <br />deviations from the Contract Documents prior to completion, and (4) to specific <br />qualifications expressed by the Architect. <br />2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the <br />Architect has (1) made exhaustive or continuous on-site inspections to check the quality or <br />quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or <br />procedures, (3) reviewed copies of requisitions received from Subcontractors and material <br />'~ <br />suppliers and other data requested by the Owner to substantiate the Contractor's right to <br /> <br />payment, or (4) ascertained how or for what purpose the Contractor has used money ~ <br />~ <br />previously paid on account of the Contract Sum. ~~',~.! <br /> ,~,~ <br />2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for ~~ <br />Payment. °1~' a^® <br />AIA DOCUMENT 8141-1997 <br />2.6.4 SUBMITTALS STANDARD FORM AGREEMENT <br />2.6.4.1 The Architect shall review and approve or take other appropriate action upon the The American Institute of Architects <br />Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the 1735 New York Avenue, N.W. <br />limited purpose of checking for conformance with information given and the design Washington, D.C. 20006-5292 <br />concept expressed in the Contract Documents. The Architect's action shall be taken with <br />such reasonable promptness as to cause no delay in the Work or in the activities of the <br />© 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, ®1997 by the American <br />Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written <br />permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. <br />WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. <br />This document was electronically produced with permission of the AIA and can be reproduced in accordance with your <br />license without violation until the date of expiration as noted below. User Document 97b141.aia -- 6/18/2002. AIA <br />License Number 1111656. <br />