|
.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or
<br /> 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
<br /> unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;
<br /> 11
<br /> or
<br /> .7 repeated failure to carry out the Work in accordance with the Contract Documents.
<br /> § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts
<br /> previously withheld.
<br /> § 9.5.3 If the Architect: withholds certification for payment under Section 9. 5 . 1 . 3, the Owner may, at its sole option,
<br /> issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the
<br /> Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the
<br /> I .
<br /> . lOwner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such
<br /> payment on the next Certificate for Payment.
<br /> 11 r I Ir
<br /> § 9.6 PROGRESS PAYMENTS
<br /> -
<br /> I 9.6.1 After the Architect has'' issued a Certificate for Payment, the Owner shall make payment in the manner and
<br /> within the time provided in the Contract Documents, and shall so notify the Architect.
<br /> §19.0 The Contractor , hall pay each Subcontractor no later than seven days after receipt of payment from the
<br /> 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 appropriate
<br /> agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar
<br /> manner.
<br /> IU 1 1. § 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
<br /> account of portions of the Work done by such Subcontractor.
<br /> § 9.6.4 The Owner lid ire right to request written evidence from the Contractor that the Contractor has properly paid
<br /> Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted
<br /> Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact
<br /> Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an
<br /> obliga#ion m
<br /> to pay or to see to the payent of money to a Subcontractor, except as may otherwise be required by law.
<br /> I- rtr,r 111.11'r r
<br /> rt
<br /> tr
<br /> § 9.6.5Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided
<br /> Irr in Sections 9.6.2, 9 . 6. 3 and 9. 6.4.
<br /> r Lr
<br /> rr ' Ir
<br /> § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the
<br /> Owner shall 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,
<br /> payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by
<br /> the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under
<br /> contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require
<br /> money ,to be placed in a separate account and not commingled with money of the Contractor, shall create any
<br /> fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity
<br /> LL
<br /> to anaward of:punitive damages against the Contractor for breach of the requirements of this provision.
<br /> LL
<br /> § 9.7 FAILLr IURE OF, PAYMENT
<br /> If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after
<br /> receipt of the Contractor ' s Application for Payment, or if the Owner does not pay the Contractor within seven days
<br /> after the date established in the Contract Documents the amount certified by the Architect or awarded by binding
<br /> dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect,
<br /> Init. AIA Document A201 T'" 111112007. Copyright ® 1911 , 19150 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and
<br /> 2007 by The American
<br /> Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
<br /> 26
<br /> reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted
<br /> to the
<br /> maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which
<br /> expires on 02/05/2013, and is not for resale.
<br /> User Notes: (811102566)
<br />
|