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9 . 4 . 1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9. 5.1. 9 . 4 . 2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect' s knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject Gempletim -te vesultsef subsequent tests inspectiensi4e correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment willfurther constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a THIS DOCUMENT HAS IMPORTANT LEGAL Certificate for Payment will not be a representation that the Architect has ( 1) made exhaustive CONSEQUENCES. CONSULTA TION WITH AN or continuous on-site inspections to check the quality or quantity of the Work, ( 2) reviewed ATTORNEY 15 ENCOURAGED WITH construction means, methods, techniques, sequences or procedures, ( 3) reviewed copies of RESPECT TO ITS COMPLETION OR requisitions received from Subcontractors and material suppliers and other data requested by MODIFICATION. AUTHENTICATION OF THIS the Owner to substantiate the Contractors right to payment, or (4) made examination to ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY U51NG AIA ascertain how or for what purpose the Contractor has used money previously paid on account DOCUMENT D401. of the Contract Sum. This document has been approved and 9 . 5 DECISIONS TO WITHHOLD CERTIFICATION endorsed by The Associated General 9 . 5 . 1 The Architect will may withhold a Certificate for Payment in whole or in part, to the Contractors of America. extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made . If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount i. f 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 Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or . 7 pefsistent failure to carry out the Work in accordance with the Contract Documents. 9 . 5 . 2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Copyright 1911 , 1915, 1918, 1 5, 1937, 19511 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 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 . User Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004 . 32