CCP 11102025 - Laserfiche WebLink

Home

None § 11.1.8.3 UponSubstantial Completion of the Work, the Construction Manager may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 11.1.8. (Insert any other conditions for release of retainage, such as upon completion of the Owner’s audit and reconciliation, upon Substantial Completion.) Pursuant to Minnesota Statutes, Section 15.72, subd. 2after Substantial Completion, Owner may withhold: (1) two hundred and fifty percent (250%) of the estimated cost to correct or complete Work known at the time of Substantial Completion; and (2) one percent (1%) of the value of the contract or $500.00, whichever is greater, pending completion and submission of all final paperwork by Construction Manager. If Owner withholds payment under this paragraph, it will provide a written statement to Construction-Managerdetailing the amount and basis of the withholding. Owner will pay any amounts withheld under clause (1) within sixty (60) days after completion or correction of the Work, as determined by Architect. Owner will pay any amounts withheld under clause (2) after submission of all final paperworkrequired by the Contract Documents, as determined by Owner. § 11.1.9 If final completion of the Work is materially delayed through no fault of the Construction Manager, the Owner shall pay the Construction Manager any additional amounts in accordance with Article 9 of AIA Document A201–2017. § 11.1.10 Except with the Owner’s prior written approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. § 11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts, and the Construction Manager shall execute Subcontracts in accordance with those agreements. § 11.1.12 In taking action on the Construction Manager’s Applications for Payment the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager, and such action shall not be deemed to be a representation that (1) the Architect has made a detailed examination, audit, or arithmetic verification, of the documentation submitted in accordance with Section 11.1.4 or other supporting data; (2) that the Architect has made exhaustive or continuous on-site inspections; or (3) that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits, and verifications, if required by theOwner, will be performed by the Owner’s auditors acting in the sole interest of the Owner. § 11.2 FinalPayment § 11.2.1 Final payment shall be made by the Owner to the Construction Manager not more than thirty (30) days after the date that all of the following conditions have been met: .1 the Contracthas been fully performed by the Construction Manager, except for the Construction Manager’s responsibility to correct nonconforming Work as provided in Section 12.2.2 of A201™–2017as currently amended by the Owner and to satisfy other requirements, if any, which necessarily survivefinal payment; .2 a final Application for Payment and a final accounting for the Cost of the Workhave been submitted by the Construction Manager and reviewed by the Owner; .3 a final Certificate for Payment has been issued by the Architect; .4 the requirements of Article 9 of the A201™-2017 as amended, have been met; .5 the Construction Manager has assembled and provided to the Owner in a bound compilation all warranties and operations manuals applicable to the Project; and .6 the Construction Manager has delivered to the Architect a complete set of redlined record drawings, indicating changes to the Construction Documents during construction. § 11.2.2 Within 30 days of the Owner’s receipt of the Construction Manager’s final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. § 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 audit, submit a written report based upon the auditors’ findings to the Architect. AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.This draft was produced at 13:53:13 CDT 19 on 08/18/2025 under Subscription No.20250116558 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance ® with the AIA Contract DocumentsTerms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (640e2aedf442e4498d096805) Qbhf!261!pg!74: