|
AIA Document A2 01TM - 2017
<br />General Conditions of the Contract for Construction
<br />§ 9.10 Final Completion and Final Payment
<br />§ 9.10.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of
<br />a final Application for Payment, the Owner or Architect will promptly make such inspection. Such inspection shall be
<br />commercially reasonable in accordance with standard commercial construction industry practices. When the Architect finds
<br />the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a
<br />final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of
<br />the Architect's on -site visits and inspections, the Work has been completed in accordance with the Contract Documents and
<br />that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's
<br />final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the
<br />Contractor's being entitled to final payment have been fulfilled.
<br />§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the
<br />Owner and Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with
<br />the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by
<br />Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents
<br />to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that
<br />the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to
<br />final payment, (5) documentation of any special warranties, such as manufacturers' warranties or specific Subcontractor
<br />warranties, and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts
<br />and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in
<br />such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the
<br />Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim,
<br />security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are
<br />made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien,
<br />claim, security interest, or encumbrance, including all costs and reasonable attorneys' fees.
<br />§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the
<br />Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon
<br />application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the
<br />balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not
<br />fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished,
<br />the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted
<br />shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made
<br />under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims.
<br />§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from
<br />.1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled;
<br />.2 failure of the Work to comply with the requirements of the Contract Documents;
<br />.3 terms of special warranties required by the Contract Documents; or
<br />.4 audits performed by the Owner, if permitted by the Contract Documents, after final payment.
<br />§ 9,10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by
<br />that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application
<br />for Payment.
<br />AIA Document A201" - 2017. Copyright 1911, 1915, 1916, 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 AIA" Document, or any portion of it, may result
<br />n severe civil and crimrnal penalties, and will be prosecuted to the maxi m extent possrble under the law. This draft was
<br />produced by _"A software at 09:02:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/2018, and is not for resale.
<br />User Notes: (3B9ADA17(
<br />
|