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§ 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 11.2.2.1, or receipt of notice that the Owner
<br />will not conduct an audit, and provided that the other conditions of Section 11.2.1 have been met, the Architect will either
<br />issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction
<br />Manager and Owner in writing of the Architect’s reasons for withholding a certificate as provided in Article 9 of AIA
<br />Document A201–2017. The time periods stated in this Section 11.2.2 supersede those stated in Article 9 of AIA Document
<br />A201–2017. The Architect is not responsible for verifying the accuracy of the Construction Manager’s final accounting.
<br />§ 11.2.2.3 If the Owner’s auditors’ report concludes that the Cost of the Work, as substantiated by the Construction Manager’s
<br />final accounting, is less than claimed by the Construction Manager, the Construction Manager shall be entitled to request
<br />mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201–2017. A
<br />request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager’s receipt of a
<br />copy of the Architect’s final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the
<br />substantiated amount reported by the Owner’s auditors becoming binding on the Construction Manager. Pending a final
<br />resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect’s final
<br />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 the
<br />Architect’s final Certificate for Payment, or as follows:
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<br />§ 11.2.4 If, subsequent to final payment, and at the Owner’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 basis
<br />as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If adjustments
<br />to the Contract Sum are provided for in Section 6.1.7, the amount of those adjustments shall be recalculated, taking into
<br />account any reimbursements made pursuant to this Section 11.2.4 in determining the net amount to be paid by the Owner to
<br />the Construction Manager.
<br />§ 11.3 Interest
<br />Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the
<br />absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.
<br />(Insert rate of interest agreed upon, if any.)
<br />4.00 % per annum
<br />ARTICLE12 DISPUTERESOLUTION
<br />§ 12.1 InitialDecisionMaker
<br />§ 12.1.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set
<br />forth in this Article 12 and Article 15 of A201–2017. However, for Claims arising from or relating to the Construction
<br />Manager’s Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition
<br />precedent to mediation or binding dispute resolution, and Section 12.1.2 of this Agreement shall not apply.
<br />§ 12.1.2 The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017 for
<br />Claims arising from or relating to the Construction Manager’s Construction Phase services, unless the parties appoint below
<br />another individual, not a party to the Agreement, to serve as the Initial Decision Maker.
<br />(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other
<br />than the Architect.)
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<br />AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of
<br />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
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<br />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
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