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§9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later
<br />than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for
<br />which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the
<br />Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in
<br />favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment
<br />relating to the Work.
<br />§9.3.4 The Contractor must submit to the Architect and Owner itemized Applications for Payment for Work completed on a
<br />monthly basis in accordance with a schedule approved by the Owner. Each Application for Payment must be consistent with
<br />the approved Schedule of Values. In order to expedite the review and approval of Applications for Payment, the Contractor
<br />may submit to and review with the Owner a draft Application for Payment at a progress meeting prior to submitting a formal
<br />Application for Payment.
<br />§9.3.5 The form of Application for Payment must be AIA Document G702, Application and Certificate for Payment, supported
<br />by AIA Document G703, Continuation Sheet (latest edition). The Application must be notarized and supported by sufficient
<br />data to demonstrate the Contractor’s right to payment and compliance with the payment provisions of the Contract, such as
<br />copies of requisitions from Subcontractors and material suppliers, partial lien waivers, releases and other documents. Each
<br />Application for Paymentmust reflect approved Contract Modifications and the Contract retainage provided for in the Contract
<br />Documents.
<br />§9.4 Certificates for Payment
<br />§9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either (1) issue to the
<br />Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue
<br />to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor
<br />and Owner of the Architect’s reasons for withholding certification in part as provided in Section9.5.1; or (3) withhold
<br />certification ofthe entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for
<br />withholding certification in whole as provided in Section 9.5.1.
<br />§9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the
<br />Architect’s evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect’s knowledge,
<br />information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the
<br />Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are
<br />subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of
<br />subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to
<br />specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment will not be a
<br />representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of
<br />the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of
<br />requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s
<br />right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously
<br />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 Section9.4.2 cannot be made. If the
<br />Architect isunable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as
<br />provided in Section9.4.1. 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 whole
<br />or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to
<br />protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions
<br />described in Section3.3.2, 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 />AIA Document A201 –2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights
<br />reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents”are trademarks of The
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<br />American Institute of Architects.This draft was produced at 10:50:07 CDT on 08/19/2025 under Subscription No.20250116558 which expires on , is not for
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