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equipment;
<br />.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
<br />.5 damage to the Owner or a Separate Contractor;
<br />.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance
<br />would not be adequate to cover actual or liquidated damages for the anticipated delay; or
<br />.7 repeated failure to carry out the Work in accordance with the Contract Documents.
<br />§9.5.2 When the Contractor disputes the Architect’s decision regarding a Certificate for Payment under Section 9.5.1, in
<br />whole or in part, the Contractormay submit a Claim in accordance with Article 15.
<br />§9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously
<br />withheld.
<br />§9.5.4 If the Architect withholds certification for payment under Section9.5.1.3, the Owner may, at its sole option, issue joint
<br />checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work
<br />properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall
<br />notify the Architect and the Contractor shall reflect such payment on its next Application for Payment.
<br />§9.6 Progress Payments
<br />§9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the
<br />time provided in the Contract Documents, and shall so notify the Architect.
<br />§9.6.2 The Contractor shall pay each Subcontractor, in accordance with the Prompt Payment Act, after receipt of payment
<br />from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to
<br />the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriateagreement with
<br />each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner.
<br />§9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of
<br />completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of
<br />portions of the Work done by such Subcontractor.
<br />§9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid
<br />Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to
<br />furnish such evidencewithin seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain
<br />whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the
<br />payment of money to, a Subcontractor or supplier, except as may otherwise be required by law.
<br />§9.6.5 The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and
<br />9.6.4.
<br />§9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall
<br />not constitute acceptance of Work not in accordance with the Contract Documents.
<br />§9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments
<br />received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the
<br />Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the
<br />Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a
<br />separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of
<br />the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for
<br />breach of the requirements of this provision.
<br />§9.6.8 The Contractor shall provide payment and performance bonds as required by law.Provided the Owner has fulfilled its
<br />payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss,
<br />liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or
<br />other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for
<br />payment, the Ownershall notify the Contractor. If approved by the applicable court, when required, the Contractor may
<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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