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• 1 <br /> 012 <br /> contractors or any other persons performing any of the necessary or advisable for the implementation of the intent <br /> Work, or for the failure of any of them to carry out the of the Contract Documents,the Architect will have author- <br /> Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in <br /> 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu- .� <br /> Work wherever it is in preparation or progress. ments, whether or not such Work be then fabricated, in- <br /> stalled or completed.' <br /> 1.5.7 The Architect shall determine the amounts owing <br /> to the Contractor based on observations at the site and on 1.5.13 The Architect shall review and approve or take <br /> evaluations of the Contractor's Applications for Payment, other appropriate action upon the Contractors submittals <br /> and shall issue Certificates for Payment in such amounts, such as Shop Drawings, Product Data and Samples, but <br /> as provided in the Contract Documents. only for conformance with the design concept of the <br /> Work and with the information given in the Contract <br /> 1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable <br /> constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- <br /> based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an <br /> vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component. <br /> the Contractor's Application for Payment, that the Work 1.5.14 The Architect shall prepare Change Orders for <br /> has progressed to the point indicated; that, to the best of the Owner's approval and execution in accordance with <br /> the Architect's knowledge,information and belief,the qual- the Contract Documents,and shall have authority to order <br /> ity of the Work is in accordance with the Contract Docu- minor changes in the Work not involving an adjustment <br /> ments (subject to an evaluation of the Work for con- in the Contract Sum or an extension of the Contract Time <br /> romance with the Contract Documents upon Substantial which are not inconsistent with the intent of the Contract <br /> Completion, to the results of any subsequent tests re- Documents. <br /> quired by or performed under the Contract Documents, <br /> to minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter- <br /> rectable prior to completion,and to any specific qualifica- mine the Dates of Substantial Completion and final corn- <br /> tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the <br /> Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents <br /> However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by <br /> not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- <br /> examination to ascertain how and for what purpose the ment. <br /> Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim- <br /> Contract Sum. itations of authority of the Architect as the Owner's rep- <br /> 1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or <br /> quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- ....d <br /> the performance thereunder by both the Owner and tractor and the Architect. <br /> Contractor.The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES <br /> essary for the proper execution or progress of the Work <br /> with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- <br /> the Owner or the Contractor,and shall render written de- tensive representation at the site than is described in <br /> cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- <br /> and other matters in question between the Owner and the vide one or more Project Representatives to assist the <br /> Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. <br /> Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected,em- <br /> 1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect <br /> be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- <br /> from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- <br /> graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe <br /> the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of <br /> ante by both the Owner and the Contractor, shall not such Project Representatives. <br /> show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre- <br /> result of any interpretation or decision rendered in goad sentatives, the Architect shall endeavor to provide further <br /> faith in such capacity. protection for the Owner against defects and deficiencies <br /> 1.5.11 The Architect's decisions in matters relating to in the Work,but the furnishing of such project representa- <br /> artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- <br /> the Contract Documents. The Architect's decisions on Lions of the Architect as described in Paragraph 1.5. <br /> any other claims, disputes or other matters, including 1.7 ADDITIONAL SERVICES <br /> those in question between the Owner and the Contractor, <br /> shall be subject to arbitration as provided in this Agree- The following Services are not included in Basic <br /> ment and in the Contract Documents. Services unless so identified in Article 15. They shall <br /> be provided if authorized or confirmed in writing by <br /> 1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner <br /> which does not conform to the Contract Documents, as provided in this Agreement, in addition to the <br /> Whenever, in the Architect's reasonable opinion, it is compensation for Basic Services. <br /> 4 B141-1977 AIA DOCUMENT 1141•OWNER•ARCHIIECT AGREEMENT• TIURIEENTH EDITION•JULY 1977•AIM•®1977 <br /> THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20004 <br /> 1 <br />