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<br />AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights
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<br />ARTICLE 9 PAYMENTS AND COMPLETION
<br />§ 9.1 Contract Sum
<br />§ 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount
<br />payable by the Owner to the Contractor for performance of the Work under the Contract Documents.
<br />§ 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally
<br />contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial
<br />inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted.
<br />§ 9.2 Schedule of Values
<br />Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a
<br />schedule of values to the Owner and Architect before the first Application for Payment, allocating the entire Contract
<br />Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the
<br />data to substantiate its accuracy, required by theOwner. This schedule, unless objected to by the Owner or Architect in
<br />writing within 7 days of submission, shall be used as a basis for reviewing the Contractor’s Applications for Payment.
<br />§ 9.3 Applications for Payment
<br />§ 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the
<br />Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under
<br />Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all
<br />data substantiating the Contractor’s right to payment that the Owner or Architect require. The form of Application for
<br />Payment shall be notarized AIA Document G702 (Revised 5-83), Application and Certificate for Payment, supported
<br />by AIA Document G703, Continuation Sheet.
<br />§ 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in
<br />the Work that have been properly authorized by Construction Change Directives, or by determinations of theOwner,
<br />but not yet included in Change Orders.
<br />§ 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the
<br />Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom
<br />the Contractor intends to pay.
<br />§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and
<br />equipment delivered and suitably stored at the site for subsequent incorporation in the Work. Payment may similarly
<br />be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for
<br />materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with
<br />procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise
<br />protect the Owner’s interest, and shall include the costs of applicable storage, and transportation to the site, for such
<br />materials and equipment stored off the site.
<br />§ 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no
<br />later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all
<br />Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to
<br />the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or
<br />encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor,
<br />materials, and equipment relating to the Work. If Contractor has received payment from the Owner for material or
<br />labor which is the subject of a lien filed by a Subcontractor or material supplier, Contractor will indemnify and hold
<br />Owner harmless for such lien claim.
<br />§9.3.4 If required by the Owner, as a prerequisite for payment, the Contractor shall provide partial lien and claim
<br />waivers in the amount of the Application for Payment. Such waivers shall be conditional upon payment. In no event
<br />shall the Contractor be required to sign an unconditional waiver of lien or claim prior to receiving payment for such
<br />Work.
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