|
sequences or procedures, or that he has made any exam-
<br />ination to ascertain how or for what purpose the Contrac-
<br />tor has used the moneys previously paid on account of
<br />the Contract Sum.
<br />9.5 PROGRESS PAYMENTS
<br />9.5.1 After the Architect has issued a Certificate for Pay-
<br />ment, the Owner shall make payment in the manner and
<br />within the time provided in the Contract Documents.
<br />9.5.2 The Contractor shall promptly pay each Subcon-
<br />tractor, upon receipt of payment from the Owner, out of
<br />the amount paid to the Contractor on account of such
<br />Subcontractor's Work, the amount to which said Subcon-
<br />tractor is entitled, reflecting the percentage actually re-
<br />tained, if any, from payments to the Contractor on ac-
<br />count of such Subcontractor's Work. The Contractor shall,
<br />by an appropriate agreement with each Subcontractor, re-
<br />quire each Subcontractor to make payments to his Sub -
<br />subcontractors in similar manner.
<br />9.5.3 The Architect may, on request and at his discretion,
<br />furnish to any Subcontractor, if practicable, information
<br />regarding the percentages of completion or the amounts
<br />applied for by the Contractor and the action taken there-
<br />on by the Architect on account of Work done by such
<br />Subcontractor.
<br />9.5.4 Neither the Owner nor the Architect shall have any
<br />obligation to pay or to see to the payment or any moneys
<br />to any Subcontractor except as may otherwise be required
<br />by law.
<br />9.5.5 No Certificate for a progress payment, nor any
<br />progress payment, nor any partial or entire use or occu-
<br />pancy of the Project by the Owner, shall constitute an
<br />acceptance of any VVork not In accordance with the Con-
<br />tract Documents.
<br />9.6 PAYMENTS WITHHELD
<br />9.6.1 The Architect may decline to certify payment and
<br />may withhold his Certificate In whole or in part, to the
<br />extent necessary reasonably to protect the Owner, if in
<br />his opinion he is unable to make representations to the
<br />Owner as provided in Subparagraph 9.4.2. If the Architect
<br />is unable to make representations to the Owner as pro-
<br />vided in Subparagraph 9.4.2 and to certify payment in the
<br />amount of the Application, he will notify the Contractor
<br />as provided in Subparagraph 9.4.1. If the Contractor and
<br />the Architect cannot agree on a revised amount, the
<br />Architect will promptly Issue a Certificate for Payment
<br />for the amount for which Ile is able to make such rep-
<br />resentations to the Owner. The Architect may also decline
<br />to certify payment or, becau>e of subsequently discov-
<br />ered evidence or subsequent observations, he may nullify
<br />the whole or any part of any Certificate for Payment
<br />previously issued, to such extent as may be necessary in
<br />his opinion to protect the Owner from loss because of
<br />.1 defective Work not remedied,
<br />.2 third party claims filed or reasonable evidence indi-
<br />cating probable filing of such claims,
<br />.3 failure of the _onlractor to make payments prop-
<br />erly to Subcontractors car for labor, materials or
<br />CgUipment,
<br />.4 reasonable evidence that the Work cannot be com-
<br />pleted for the unpaid balance of the Contract Sum,
<br />.5 damage to the Owner or another contractor,
<br />.6 reasonable evidence that the Work will not be com-
<br />pleted within the Contract Time, or
<br />.7 persistent failure to carry out the Work in accord-
<br />ance with the Contract Documents.
<br />9.6.2 When the above grounds in Subparagraph 9.6.1 are
<br />removed, payment shall be made for amounts withheld
<br />because of them.
<br />9.7 FAILURE OF PAYMENT
<br />9.7.1 If the Architect does not issue a Certificate for
<br />Payment, through no fault of the Contractor, within seven
<br />days after receipt of the Contractor's Application for Pay-
<br />ment, or if the Owner does not pay the Contractor within
<br />seven days after the date established in the Contract
<br />Documents any amount certified by the Architect or
<br />awarded by arbitration, then the Contractor may, upon
<br />seven additional days' written notice to the Owner and
<br />the Architect, stop the Work until payment of the amount
<br />owing has been received. The Contract Sum shall be in-
<br />creased by the amount of the Contractor's reasonable
<br />costs of shut -down, delay and start-up, which shall be ef-
<br />fected by appropriate Change Order to accordance with
<br />Paragraph 12.3.
<br />9.8 SUBSTANTIAL COMPLETION
<br />9.8.1 When the Contractor considers that the Work, or
<br />a designated portion thereof which is acceptable to the
<br />Owner, 1s substantially complete as defined in Subpara-
<br />graph 8.1.3, the Contractor shall prepare for submission
<br />to the Architect a list of items to be completed or cor-
<br />rected. The failure to include any Items on such list does
<br />not alter the responsibility of the Contractor to completc,'
<br />all Work In accordance with the Contract Documents.
<br />When the Architect on the basis of an inspection deter-
<br />mines that the 'York or designated portion thereof is sub-
<br />stantially complete, he will then prepare a Certificate of
<br />Substantial Completion which shall establish the Date of
<br />Substantial Completion, shall state the responsibilities of
<br />the Owner and the Contractor for security. maintenance,
<br />heat, utilities. damage to the %York, and insurance, and
<br />shall fix the time within which the Contractor shall com-
<br />plete the items listed therein. Warranties required by the
<br />Contract Documents shall commence on the Date of Sub-
<br />stantial Completion of the Work or designated portion
<br />thereof unless otherwise provided in the Certificate of
<br />Substantial Completion, The Certificate of Substantial
<br />Completion .hall be submitted to the Owner and the
<br />Contractor for their written acceptance of the responsi-
<br />hilities a%signed to them in such Certificate.
<br />9.8.2 Upon Substantial Completion of the Work or desig-
<br />nated portion thereof and up(in application by the Con-
<br />tractor and certification by th- Architect, the Owner shall
<br />make payment, reflecting adjustment in retainage, if any,
<br />for -uch Work or portion thereof, as provided in the Con-
<br />IrArt Documents.
<br />9.9 FINAL COMPLETION AND FINAL PAYMENT
<br />9.9.1 Upon receipt of written notice that the Work is
<br />ready for final inspection and acceptance and upon re-
<br />ceipt of a final Application for Payment, the Architect will
<br />AIA DOCUMENT A201 - GLNCRAL COND11IONS OF THE CONTRACT IOR CONSTRICTION • THIRTEENTH EDITION - AUGUST 1976
<br />14 A201-1976 AI+� - ? ir#, . Tllr. -WI'RICAN INSTITUTE OF ARCHITECTS 1733 NEW W)RK M NUE. N+y , WASHINGTON, D.C. 20006
<br />11
<br />1
<br />1
<br />1
<br />1
<br />1
<br />r
<br />1
<br />1
<br />1
<br />I]
<br />1
<br />1
<br />Ci
<br />CJ
<br />1
<br />1
<br />1
<br />
|