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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 />User Notes:(1345795138)
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<br />§ 9.4 Certificates for Payment
<br />§ 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either (1) issue
<br />to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the
<br />Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly
<br />due, and notify the Contractor and Owner in writing of the Architect’s reasons for withholding certification in part as
<br />provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor
<br />and Owner in writing of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1.
<br />§ 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based
<br />on the Architect’s evaluation of the Work and the data in the Application for Payment, that, the Work has progressed
<br />to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is
<br />entitled to payment in the amount certified.
<br />§ 9.5 Decisions to Withhold Certification
<br />§ 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to
<br />protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be
<br />made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the
<br />Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount,
<br />the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such
<br />representations to the Owner. The Architect may also withhold a Certificate for Payment to such extent as may be
<br />necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including
<br />loss resulting from acts and omissions described in Section 3.3.2, because of
<br />.1 defective Work not remedied;
<br />.2 third party claims filed, unless security acceptable to the Owner is provided by the Contractor;
<br />.3 failure of the Contractor to make payments to Subcontractors or suppliers for labor, materials or
<br />equipment;
<br />.4 damage to the Owner or a Separate Contractor;
<br />; or
<br />.5 repeated failure to carry out the Work in accordance with the Contract Documents.
<br />§ 9.5.2 When either party disputes the Architect’s decision regarding a Certificate for Payment under Section 9.5.1, in
<br />whole or in part, that party may submit a Claim in accordance with Article 15.
<br />§ 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously
<br />withheld.
<br />§ 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option,
<br />issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make
<br />payment for amounts due under the subcontracts or purchase order for Work properly performed or material or
<br />equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and
<br />the Contractor shall reflect such payment on its next Application for Payment.
<br />§ 9.6 Progress Payments
<br />§ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and
<br />within the time provided in the Contract Documents, and shall so notify the Architect. The Contractor understands
<br />and agrees that Owner is a municipal entity and as such Owner shall make such partial or progress payments in a
<br />manner consistent with its municipal claims, procedures, and timeframes. Notwithstanding any other term or
<br />timeframe referenced in this Agreement, the process and timeframe for payment will be applicable for all payments
<br />from Owner to Contractor throughout the duration of this Agreement.
<br />§ 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner,
<br />the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the
<br />Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement
<br />with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner.
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