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for the amount, if any , for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Subparagraph 3.3.2, because of: . 1 defective Work not remedied; . 2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; . 3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; . 4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum ; . 5 damage to the Owner or another contractor; . 6 reasonable evidence that the Work will not be completed within the Contract THIS DOCUMENT HAS IMPORTANT LEGAL Time, and that the unpaid balance would not be adequate to cover actual or CONSEQUENCES. CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT liquidated damages for the anticipated delay; or TO ITS COMPLETION OR MODIFICATION. . 7 persistent failure to carry out the Work in accordance with the Contract AUTHENTICATION OF THIS Documents . ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 9 . 5 . 2 When the above reasons for withholding certification are removed, certification will DOCUMENT D401. be made for amounts previously withheld. This document has been approved and endorsed by The Associated General 9 . 6 PROGRESS PAYMENTS Contractors of America. 9 . 6. 1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9 . 6 . 2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. 9 . 6 . 3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. 9 . 6 .4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9 . 6 . 5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9. 6.4. 9 . 6 . 6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy et , of the Project by the Owner shall not constitute acceptance of Work not in accordance with —;•aim s the Contract Documents . 9 . 6 . 7 Unless the Contractor provides the Owner with a payment bond in the full penal sum 01997 AIA® of the Contract Sum , payments received by the Contractor for Work properly performed by AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Copyright 111, 115, 111925, 1 7t 1951t 1958l 1961, 1963g 1966g 19670 1970, 1976s 19870 19U7 yTe CONTRACT FOR CONSTRUCTION American Institute of Architects. Fifteenth Edition . Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N .W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U .S . Washington, D .C. 20006-5292 copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document: general conditions (standard) admin bldg 97 a201 .aia -- 5/5/2003. AIA License Number 1127252, which expires on 7/31/2003. 33