§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 Work as provided in Section 2.6.5 and on the data comprising the Contractor's Application for
<br /> Payment,that the Work has progressed 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(1)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 minor 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, the Architect has(1)made
<br /> exhaustive or continuous on-site inspections to check the quality or quantity of the 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 Work 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 /> Work in accordance with the provisions of the Contract Documents,whether or not such Work 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 /> Work,
<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 taken
<br /> with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner,Contractor or
<br /> separate contractors,while allowing sufficient time in the Architect's professional judgment to permit adequate review.
<br /> Review of such submittals is not conducted 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 performance 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 professional 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 certified 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 may 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 flee
<br /> Contract Documents.
<br /> §2.6.14 The Architect shall conduct inspection's 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 Work complies 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 the 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 nA—1997.Copyright @ 1974,1978,1987,and 1997 by The American Institute of Architects.All rights reserved.WARNING:This
<br /> Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°Document, 4
<br /> or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to tine maximum extent possible under the law.
<br /> Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,a-mall
<br /> The American Institute of Architects'legal counsel,copyright @ala.org.
<br />
|