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loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section
<br /> 3 . 3 .2 , because of:
<br /> .1 defective Work not r-e-tnedied--,remedied or completed Work has been damaged requiring correction or
<br /> replacement;
<br /> .2
<br /> .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless
<br /> security acceptable to the Owner is provided by the Contractor;
<br /> .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 another 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 /> or
<br /> .7 persistent 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 /> § 9.6 PROGRESS PAYMENTS
<br /> § 9.6. 1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and
<br /> within the time provided in the Contract Documents , and shall so notify the Architect.
<br /> § 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the
<br /> amount paid to the Contractor on account of such Subcontractor' s portion of the Work, the amount to which said
<br /> Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of
<br /> such Subcontractor' s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor,
<br /> 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
<br /> account of portions of the Work done by such Subcontractor.
<br /> § 9 .6 .4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a
<br /> Subcontractor except as may otherwise be required by law.
<br /> § 9.6. 5 Payment to material 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
<br /> Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
<br /> § 9.6.7 ,
<br /> payments r-eeeived by the CentFaetef for- Work pr-operly per-formed by affild suppliers shall be hold by
<br /> OF
<br /> esent—r.Rem v.rith the Contfaeter f9F whieh payment ;.A.rffis made by the QlArnen Nothing eentained. herein shall re . i
<br /> money to be plaeed in a separate aecount and not eemmingied with meneyef the Centfaetff, shall ereate any
<br /> fidueiar-y liability er- ter-t liability on the pa of the Centrae, r- for hreach of tfust er shall entitle any per-san OF enfit5r
<br /> to an a%yafd of punitive damages against the Gentfaeter- for- breaeh of the r-equirem-effi#8 of this
<br /> § 9.7 FAILURE OF PAYMENT
<br /> § 9.7. 1 4-This contract is governed by the ^ffehkeet does of issue a Ise -ti fie to fer- Payment, th gh no fault of the
<br /> Centf ete .. ,: thin sea„e., Florida Prompt Payment Act, Florida Statutes section 218 . 70. et. seq. , Any payment
<br /> made later than twenty-five (25 ) days after receipt of -Contractor' s Application for l eis s '
<br /> the OwneF does Payment shall pay interest at the CentYeeter within seven days after- the date established in the
<br /> Goatfaet Doeuments the ame- unt eer-fifit0d by the AmWteet of awar-ded by arbitration, then the Gentr-aeteF may, upon
<br /> seven addit n nefiee to the Owner and Ar-ehiteet, stop the Wafk until rate of 1 % per month
<br /> if the amount owing h .m. been r-eeneived . The Gentfaet Time sha4l be e*tended appropriately and the Gentfaet Su.m.
<br /> shall be inereased by the amount elay was through no fault of the Gentfaeter-' s Fe nable eosts of shut down, delay
<br /> AIA Document A201 TM — 1997. Copyright ® 1911 , 19151 1918, 1925, 1937, 1951 , 1958, 1961 , 1963 , 19663 1970, 1976 , 1987 and 1997 by
<br />The American
<br /> Institute of Architects. All rights reserved. WARNING: eThis AIA°/ Document is protected by U.S. Copyright Law and International Treaties. 30
<br /> Unauthorized reproduction or distribution of this A1A Document, or any portion of it, may result In severe civil and criminal penalties, and will
<br /> be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14 :50:06 on 08/10/2005 under Order
<br /> No. 1000192296_1 which expires on 8/8/2006 , and is not for resale.
<br /> User Notes : (726890250)
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