|
AIA Document A2 01- -- 2017
<br />General Conditions of the Contract for Construction
<br />portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its
<br />accuracy, required by the Architect. This schedule, unless objected to by the Owner or Architect in writing within 7 days,
<br />shall be used as a basis for reviewing the Contractor's Applications for Payment. Any changes to the schedule of values shall
<br />be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and unless
<br />objected to by the Architect, shall be used as a basis for reviewing the Contractor's subsequent 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 Architect an
<br />itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for
<br />completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the
<br />Contractor's right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of
<br />liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents.
<br />§ 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work
<br />that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not
<br />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 Contractor
<br />does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor
<br />intends to pay.
<br />§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment
<br />delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner,
<br />payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing.
<br />Payment for 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 protect the
<br />Owner's interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials
<br />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 later
<br />than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for
<br />which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the
<br />Contractor's knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in
<br />favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment
<br />relating to the Work.
<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 to the
<br />Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue
<br />to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor
<br />and Owner of the Architect's reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold
<br />certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect's reason for
<br />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 on the
<br />Architect's evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect's
<br />knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance
<br />with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing
<br />representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial
<br />Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents
<br />AIA Document A201" - 2017. Copyright ` 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
<br />and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright
<br />Law and International Treaties. Unauthorized reproduction or distribution of this AIAm Document, o any portion of it, may result
<br />n severe .... l and cr inal penalties, and will be prosecuted to the m imum extent possible under the law. This draft was
<br />produced byAIA software at 09:12:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/2018, and is not for resale.
<br />User Notes: (3B9ADA17)
<br />
|