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§ 11.1.12 In taking action on the Construction Manager's Applications for Payment the Architect shall be entitled to rely
<br />on the accuracy and completeness of the information furnished by the Construction Manager, and such action shall not be
<br />deemed to be a representation that (1) the Architect has made a detailed examination, audit, or arithmetic verification, of
<br />the documentation submitted in accordance with Section 1 1.1.4 or other supporting data; (2) that the Architect has made
<br />exhaustive or continuous on -site inspections; or (3) that the Architect has made examinations to ascertain how or for what
<br />purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations,
<br />audits, and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of
<br />the Owner.
<br />§ 11.2 Final Payment
<br />§ 11.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
<br />Construction Manager when
<br />.1 the Construction Manager has ful I performed the Contract, except for the Construction Manager's
<br />responsibility to correct Work as provided in Article 12 of AIA Document A201--2017, and to satisfy other
<br />requirements, if any, which extend beyond final payment;
<br />.2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application
<br />for Payment; and
<br />.3 a final Certificate for Payment has been issued by the Architect in accordance with Section 1 I.2.2.2; and
<br />.4 The City's Board of Public Works has closed the project and issued all related paperwork thereto.
<br />§ 11.2.2 W ithin 30 days of the Owner's receipt of the Construction Manager's final accounting for the Cost of the Work,
<br />the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit.
<br />§ 11.2.2.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of the
<br />audit, submit a written report based upon the auditors' findings to the Architect.
<br />§ 11.2.2.2 Within seven days after receipt of the written report described in Section 1 1.2.2.1, or receipt of notice that the
<br />Owner will not conduct an audit, and provided that the other conditions of Section 11.2.1 have been met, the Architect will
<br />either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the
<br />Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Article
<br />9 of AIA Document A201-2017. The time periods stated in this Section 1 1.2.2 supersede those stated in Article 9 of AIA
<br />Document A201-2017. The Architect is not responsible for verifying the accuracy of the Construction Manager's final
<br />accounting.
<br />§ 11.2.2.3 If the Owner's auditors' report concludes that the Cost of the Work, as substantiated by the Construction
<br />Manager's final accounting, is less than claimed by the Construction Manager, the Construction Manager shall be entitled
<br />to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document
<br />A201-2017. A request for mediation shall be made by the Construction Manager within 30 days after the Construction
<br />Manager's receipt of copy of the Architect's final Certificate for Payment. Failure to request mediation within this
<br />30-day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the
<br />Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay th.- Construction Manager
<br />the amount certified in the Architect's final Certificate for Payment.
<br />§ 11.2.3 The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of
<br />the Architect's final Certificate for Payment, or as follows:
<br />§ 11.2.4 If, subsequent to final payment, and at the ❑wner"s request, the Construction Manager incurs costs, described in
<br />Sections 7.1 through 7.7, and not excluded by Section 7.9, to correct defective or nonconforming Work, the Owner shall
<br />reimburse the Construction Manager for such costs, and the Construction Manager's Fee applicable thereto, on the same
<br />basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. if
<br />adjustments to the Contract Sum are provided for in Section 6.1.7, the amount of those adjustments shall be recalculated,
<br />taking into account any reimbursements made pursuant to this Section 11.2.4 in determining the net amount to be paid by
<br />the Owner to the Construction Manager.
<br />§ 11.3Interest
<br />Init. AIA Document A133 — 2019. Copyright ® d 1991, 2003, 2009, an2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects,"
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