|
AIA Document A201- - 2017
<br />General Conditions of the Contract for Construction
<br />prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for
<br />Payment will not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the
<br />quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3)
<br />reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to
<br />substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the Contractor
<br />has used money previously paid on account of the Contract Sum.
<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 protect
<br />the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the
<br />Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as
<br />provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue
<br />a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The
<br />Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the
<br />whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion
<br />to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions
<br />described in Section 3.3.2, because of
<br />.1 defective Work not remedied;
<br />.2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security
<br />acceptable to the Owner is provided by the Contractor;
<br />.3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or
<br />equipment;
<br />.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
<br />.5 damage to the Owner or a Separate Contractor;
<br />.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance
<br />would not be adequate to cover actual or liquidated damages for the anticipated delay; or
<br />.7 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 whole
<br />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, issue joint
<br />checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work
<br />properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner
<br />shall notify the Architect and 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 within the
<br />time provided in the Contract Documents, and shall so notify the Architect. The Contractor understands the Owner is a
<br />municipal entity and as such, Owner shall make such partial or progress payments in a manner consistent with its municipal
<br />claims procedures and timelines. Notwithstanding any other term or timeframe reference in the Agreement, the process and
<br />timeframe for payment will be applicable for all payments from Owner to Contractor throughout the duration of this
<br />Agreement.
<br />§ 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the
<br />amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on
<br />AIA Document A201" — 2017, Copyright : 1911, "I" " , 1925, 1937, 1951, "", 1111, 1111, 1111, 1111, 1111, 1111, 1111, 2011
<br />and 2017 by The American Institute of Architects. All rights r ved. WARNING: This AIA° Document is protected by U.S. Copyright
<br />.aw and International Treaties. Unauthorized reproduction or distribution of this AIADocument, or any portion of it, may result
<br />r.n
<br />severe
<br />ll
<br />vil and criminal penalties, and will be prosecuted to them m extent possible under the law. This draft was
<br />produced byAIA software at 09:02:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/2019, and is not for resale.
<br />User Notes: (3BMDA171
<br />
|