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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
<br />reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of
<br />The American Institute of Architects. This document was produced at 16:07:00 ET on 07/31/2023 under Order No.3104237129 which expires on 08/14/2023, is not
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<br />§ 9.6.3 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid
<br />Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor
<br />fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers
<br />to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or
<br />to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law.
<br />§ 9.6.4 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the
<br />Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
<br />§ 9.6.5 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum,
<br />payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be
<br />held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both,
<br />under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require
<br />money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary
<br />liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of
<br />punitive damages against the Contractor for breach of the requirements of this provision.
<br />§ 9.6.6 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall
<br />defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and
<br />litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any
<br />tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If
<br />approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against
<br />which the lien or other claim for payment has been asserted.
<br />(Paragraphs deleted)
<br />§ 9.7 Failure of Payment
<br />If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after
<br />receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days
<br />after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding
<br />dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner and Architect,
<br />stop the Work until payment of the amount owing has been received. The Contract Time shall be extended
<br />appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of
<br />shutdown, delay and start-up, plus interest as provided for in the Contract Documents.
<br />§ 9.8 Substantial Completion
<br />§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is
<br />sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for
<br />its intended use excluding any matter or Work preventing such ability to occupy or utilize the Work that is not the
<br />responsibility of Contractor to perform under the Contract Documents.
<br />§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept
<br />separately, is substantially complete, the Contractor shall prepare and submit to the Owner and Architect a list of items
<br />to be completed or corrected prior to final payment ("Punch List"). Failure to include an item on such list does not alter
<br />the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Within ten (10)
<br />days of receipt of the Punch List, the Owner or Architect shall inspect the Work and by way of written instrument,
<br />shall identify any additional items of work in the Punch List that the Owner or Architect reasonably believes that the
<br />Contractor needs to complete or correct prior to Final Completion and final payment.
<br />§ 9.8.3 Upon receipt of the Contractor’s list, the Owner or Architect will, within ten (10) days of the receipt thereof,
<br />make an inspection to determine whether the Work or designated portion thereof is substantially complete. Such
<br />inspection shall be commercially reasonable in accordance with standard commercial construction industry practices
<br />for the type of Work being inspected. If the Owner’s or Architect’s inspection discloses any item, whether or not
<br />included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so
<br />that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall,
<br />before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the
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