Laserfiche WebLink
§ 9.3. 1 . 1 As provided in Section 7 . 3 . 8 , such applications may include requests for payment on account of changes in <br /> the Work which have been properly authorized by Construction Change Directives, or by interim determinations of <br /> the Architect, but not yet included in Change Orders . <br /> § 9.3 .2 Unless GtheFhriSO PFONFWA- d. OR fl; A- Ge- mr-aet Doeuments , payments shall be made an aeoeunt of ma4er-ial <br /> equip ment diel ivieried. an di s i tably stored at the site for sub sequent ineer-pefatien in the Wefk. if pp re i ad Ta e <br /> by the Ownef, payfeent may similafly be madeffffnater-ials and equipment suitably stored. off the, site at <br /> stered en or off the sitesh 11 be eenditioned upon <br /> eemplianee by the Centfaetar- with pr-oeedufes safisfaeter-y to the Owner- to establish the 0%,ner-' s title to s, <br /> fnater-ials and equipment or- other-wise pfeteet the Owner-' s interest, and sha!4 inelude the eeSts of applieable. <br /> § 9 .3 . 1 .2 Such applications ray-shall not include requests for payment for portions of the Work for which the <br /> Contractor does not intend to pay to a Subcontractor or material supplier, unless such Work has been performed by <br /> the Contractor or by others whom the Contractor intends to promptly pay. The Contractor shall make the following <br /> certification (Affidavit) on each Request for Payment: "I hereby certify that the labor and materials listed on this <br /> Request for Payment have been used in the construction of this Work and payment received from the last request for <br /> payment has been used to make payments to all subcontractors, laborers, material, men and suppliers except as listed <br /> below: "§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of <br /> materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If <br /> approved in writing—in advance by the Owner, payment may similarly be made for materials and equipment suitably <br /> stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site <br /> shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the <br /> Owner' s title to such materials and equipment or otherwise protect the Owner' s interest, and shall include the costs <br /> of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site . <br /> § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner <br /> no later than the time of payment. The Contractor further warrants that upon submittal of an Application for <br /> Payment all Work for which Certificates for Payment have been previously issued and payments received from the <br /> Owner shall, to the best of the Contractor ' s knowledge, information and belief, be free and clear of liens, claims , <br /> security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or <br /> entities making a claim by reason of having provided labor, materials and equipment relating to the Work. <br /> § 9.4 CERTIFICATES FOR PAYMENT <br /> § 9.4. 1 The Architect will, within seven days after receipt of the Contractor' s Application for Payment, either issue <br /> to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines <br /> is properly due, or notify the Contractor and Owner in writing of the Architect ' s reasons for withholding <br /> certification in whole or in part as provided in Section 9 . 5 . 1 . <br /> § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, <br /> based on the Architect' s evaluation of the Work and the data comprising the Application for Payment, that the Work <br /> has progressed to the point indicated and that, to the best of the Architect' s knowledge, information and belief, the <br /> quality of the Work is in accordance with the Contract Documents . The foregoing representations are subject to an <br /> evaluation of the Wer-k fef: eenfer-manee with the Contrnet Doeuments upen Substantial Completion, to results a <br /> subsequent tests and inspeetiond; to <br /> correction of minor deviations from the Contract Documents prior to completion <br /> and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further <br /> constitute a representation that the Contractor is entitled to payment in the amount certified . However, the issuance <br /> of a Certificate for Payment will not be a representation that the Architect has ( 1 ) made exhaustive or continuous on- <br /> site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods , techniques, <br /> sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers <br /> and other data requested by the Owner to substantiate the Contractor' s right to payment, or (4) made examination to <br /> ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. <br /> § 9.5 DECISIONS TO WITHHOLD CERTIFICATION <br /> § 9.5. 1 The Architect may-will withhold a Certificate for Payment in whole or in part, to the extent reasonably <br /> necessary to protect the Owner, if in the Architect' s opinion the representations to the Owner required by Section <br /> 9 .4 .2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect <br /> AIA Document A201 TM - 1997. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1967, 1970 , 1976, 1987 and <br />1997 by The <br /> American Institute of Architects. All rights reserved. WARNING : This AIA* Document Is protected by U.S. Copyright Law and International Treaties. <br /> 29 <br /> Unauthorized reproduction or distribution of this AIA 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 17 : 14:54 on 05/25/2005 under Order <br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale. <br /> User Notes: (3418817618) <br />