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Architect be. responsible for the Contractor's failure to perform the Work in accordance with the requlremelit-� of ille <br />('.owracl Documents, The Architect shall he responsible for Elie Architect's negligent acts or omissions. but shall not <br />have control over or charge of anti ~hall not be responsiblc fear, acts or unrissions of the Contractor or of any other <br />persons or entities performing portions of the Work. <br />§ 3.4.1.3 Subject to Section 4.2, tilt Arc:hilect's respon,4bility to provide Construction Phase Services commences <br />with the award of the Contract for Construction and terminates on the date. tilt: Architect issues the final C'.crtificate <br />for Payment. <br />§ 3.4.2 EVALUATIONS OF THE WORK <br />§ 3.4.2.1 The Architect shall visit the site at intervals appropriale to llte stage of consirltctian, or as Otherwise <br />required in Seclion 4,2.1. to hccnme generdly I'Hirlilidt; with the progress and quality of the. portion of the Work <br />completed, and to determine, in generatl, if the Work observed is hieing performed in it manner indicating that the <br />Work, when fully completed, will be.in accordance with the (,ontrnct 1Documents..11owever, the Architect sluill not <br />he required fo make exIiatistive. or eolitl1illOtati till - site observations to check the quality or quantity of the Work, On <br />the bi>sia; of the site visits, the Architect ,hall keep the Owner reasonably informed about the progress and quality of <br />the portion of the Work completed, and report to the Owner (1) known deviations from tlic Contract Documents :and <br />from the most recent construction schedule submitted by the Contraelur, and (2) defects and deficiencies observed in <br />the Work. <br />§ 3.4.2.2. The Architect hiss the ituthol-ity to reject Work that does not conform to the Contract Documents and has (lie <br />authority to require inspection or testing of the Work. <br />§ 3.4.2.3. The Architect shall interpret and deride mattes concerning performance under, and requirements of. the <br />Contract Domi icnts on written request of eillier the. Owner or C'ontractitr. The Architect's response to such requests <br />shall be made in writing within any (ime limits agreed upon or otherwise.. with reasonable promptness. <br />§ 3.4.2.4 When making such interpretations and. decisions, the Architect shall endeavor to secure faithful <br />perfortnance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of <br />interpretations or decisions rendered in good faint. <br />§ 3.4.2,5 The Architect shall render initial decisions on C:Wnis between ilic Owner and Contractor as provided in the <br />Contract Documents, <br />§ 3.4.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR <br />§ 3,4.3,1 The Archilect shall review and certify the amounts due (lie Contractor and shall issue certificates in such <br />amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on (he <br />Architect's evaluation of the Work as provided in Section 3.r1.2 and on the data comprising the Contractor's <br />Application for Payment. lhat, to the best of the Architect's knowledge, information and belief, the Work has <br />progressed to the point indicated and than the quality of the Work is in accordance with the Contract DOCUMentS. <br />§ 3.4.3.2'Chc issuance of a Ccrtificatc for Payment shall not be a representation that (he Architect has (1) made <br />exhaustive or continuous on -site inspections to check the quality or quantity of the Work. (2) ro iewed construction <br />means, ]rfetheicls, tecliniclues, sequences or procedures. (3) reviewed copiesofrequisitions rcccivct.t from <br />,Subountractors and mawrial suppliers ind other data requested by the Owner to substantiate the Contractor's right to <br />paylne 1, or (4) ascertaiut:d holy or for what purpose the ColltraiCtot' has used ]honey previously paid nn account of <br />the Contract Stint. <br />§ 3.4.4 SUBMITTALS <br />§ 3.4,4.1 'The Architect shall review and approve or lake oiber.apprOpriate action upon the Contractor's Stibillit( al5 <br />such as ;Shop Drawiitgs, Product Daia and Samples, but only for the limited purpose of checking for conformance <br />with information given rind the design concept expressed in the Qmtracl Documents, Review of such submittals is <br />not for the purpose of'determil ing tlae accuracy and c(mtplc:(t;ness of tither information such as dimensions, <br />cluaniiiie5, and instntlafion or pi'rformance of equlplilent or systems, which are flat Contractor's resp(]ntiibility, The. <br />Architect's review shall not constitute approval of safely preCatjtlOny Or, LMICSS Otherwise 'Specifically stated by (lie <br />Archilect, of any construction ]Weans, methods, tecliniques, sequences Or procedures. <br />§ 144,2 If the Contract Documents specifically require [lie Contractor to provide professional design serviecs Or <br />cerlihca(ions by sa design professional related to systems, materials or equipment, the Archilect shall specify tilt: <br />AIA Document FIi04 "' 2gD7 Gopyrighi b 1074 106 4987 t 001 and 2007 dy t he American Inshtulo of Architects All rights reserved 4 <br />L ..."tit , t�i 6 . ,r (s , nr,r v 11. °n:=, a ,:r n N ; wl I1. <br />! €,ri , Purchasers are poiinitted to reproduce ton (W) copies of this decomeni when rompleted. To toporl copyright violations of AIA Contracl tDnrumonts, e. <br />rnaR The Amoriean inslitule of Architects' !egal counsel, copyrighlCmaia.mg. <br />