|
§ 2.6.9 CERTIFICATES FOR PAYMENT
<br />§ 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such
<br />amounts.
<br />§ 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the
<br />Architect's evaluation of the Work as provided in Section 2.6.5 and on the data comprising the Contractor's
<br />Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's
<br />knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The
<br />foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents
<br />upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations
<br />from the 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 that 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
<br />Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to
<br />payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the
<br />Contract Sum.
<br />§ 2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents.
<br />Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require inspection or
<br />testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is
<br />fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith
<br />either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the
<br />Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities
<br />performing portions of the Work.
<br />§ 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such
<br />as 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
<br />review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of
<br />other details such as dimensions and quantities, or for substantiating instructions for installation or performance of
<br />equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents.
<br />The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by
<br />the 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
<br />appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals
<br />related to the Work designed or certified by the design professional retained by the Contractor shall bear such
<br />professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the
<br />adequacy, accuracy and completeness of the services, certifications or approvals performed by such design
<br />professionals.
<br />§ 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting
<br />documentation and data if deemed necessary by the Architect as provided in Sections 3.1.1 and 3.3.3, for the Owner's
<br />approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work
<br />not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the
<br />intent of the Contract Documents.
<br />§ 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date
<br />of 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 />AIA Document B151 TM -1997. Copyright ©1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA®
<br />Ir1it. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 4
<br />portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was
<br />/ produced by AIA software at 15:21:07 on 11/20/2008 under Order No.1000356709_t which expires on 6/6/2009, and is not for resale.
<br />User Notes: (3533055188)
<br />
|