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will notify the Contractor and Owner as provided in Section 9 .4. 1 . If the Contractor and Architect cannot agree on a
<br /> revised amount, the Architect will promptly issue a Certificate for Payment for the amount -amount, if any, for which
<br /> the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for
<br /> Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for
<br /> Payment previously issued, to such extent as may be necessary in the Architect' s opinion to protect the Owner from
<br /> 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 d--,remedied or completed Work has been damaged by the Contractor or
<br /> Contractor' s subcontractors, suppliers, material men oragents requiring correction or replacement;
<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 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 Unless the Gentfaetor- provides the Omtnpr- ;Arith. . . ... a payment bond in the full penal suffl of thia, Contraet Sum,
<br /> payments meeived by the C—nntrartor- fer Work properly per-fefmed by Subeentfaetefs and suppliers shall be held by
<br /> eentmet with the Gentfaeter- for- wWeh payment was made by the Ownert. Nothing eentained heftift Shall Fe a i
<br /> to an award ef punitive damages against the Centr-aeter- fer- br-eaeh of the r-equir-ements of this pfevision.
<br /> § 9.7 FAILURE OF PAYMENT
<br /> § 9.7. 1 If-This contract is governed by the Aff-ehiteet dees net issue a Gertifioate for- Payment, thfough no fault of the
<br /> Florida Prompt Payment Act, Florida Statutes section 218 . 70. et. seq . , Any payment
<br /> made later than twenty-five (25 ) days after receipt of the C ontractoF' Contractor' s Application fori=
<br /> AIA Document A201TM — 1997. Copyright © 1911 , 1915, 1918, 1925, 1937, 1951 , 1958t 19619 1963, 1966, 19679 1970, 1976, 1987 and 1997
<br /> by The
<br /> American Institute of Architects. All rights reserved. WARNING : This AIAe Document is protected by U.S. Copyright Law and International Treaties.
<br /> 30
<br /> Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will
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<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)
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