|
AIA Document G802 – 2017. Copyright © 2000, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
<br />“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:10:51 ET on
<br />11/05/2024 under Order No.2114444856 which expires on 01/27/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance
<br />with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
<br />User Notes: (3B9ADA47)
<br />2
<br />authority shall give rise to a duty or responsibility of the Architect to the Construction Manager, Subcontractors, suppliers,
<br />their agents or employees, or other persons or entities performing portions of the Work.
<br />§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract
<br />Documents on written request of either the Owner or Construction Manager. The Architect’s response to such requests shall be
<br />made in writing within any time limits agreed upon or otherwise with reasonable promptness.
<br />§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the
<br />Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the
<br />Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, shall not show partiality to
<br />either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on
<br />matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents.
<br />§ 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker, as that
<br />term is defined in AIA Document A201–2017, the Architect shall render initial decisions on Claims between the Owner and
<br />Construction Manager as provided in the Contract Documents.
<br />§ 3.6.3 Certificates for Payment to Construction Manager
<br />§ 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such
<br />amounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s
<br />evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager’s Application for
<br />Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated,
<br />the quality of the Work is in accordance with the Contract Documents, and that the Construction Manager is entitled to
<br />payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance
<br />with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of
<br />minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect.
<br />§ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or
<br />continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods,
<br />techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other
<br />data requested by the Owner to substantiate the Construction Manager’s right to payment, or (4) ascertained how or for what
<br />purpose the Construction Manager has used money previously paid on account of the Contract Sum.
<br />§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
<br />§ 3.6.4 Submittals
<br />§ 3.6.4.1 The Architect shall review the Construction Manager’s submittal schedule and shall not unreasonably delay or
<br />withhold approval of the schedule. The Architect’s action in reviewing submittals shall be taken in accordance with the
<br />approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing
<br />sufficient time, in the Architect’s professional judgment, to permit adequate review.
<br />§ 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Construction Manager’s submittals
<br />such 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. Review of such submittals is not for the
<br />purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or
<br />performance of equipment or systems, which are the Construction Manager’s responsibility. The Architect’s review shall not
<br />constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The
<br />Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.
<br />§ 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or
<br />certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate
<br />performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop
<br />Drawings and other submittals related to the Work designed or certified by the Construction Manager’s design professional,
<br />provided the submittals bear such professional’s seal and signature when submitted to the Architect. The Architect’s review
<br />shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the
<br />Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy
<br />of the services, certifications, and approvals performed or provided by such design professionals.
|