Common use of Applications for Payment Clause in Contracts

Applications for Payment. Based on the CONSULTANT's on-site observations as an experienced and qualified design professional and on review of applications for payment and the accompanying data and schedules, the CONSULTANT shall determine the amounts owing to the Contractor(s) and recommend in writing payments to the Contractor(s) in such amounts: such recommendations of payment will constitute a representation to the CITY, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of the CONSULTANT's knowledge, information and belief, the quality of such work is generally in accordance with the Construction Contract Documents, drawings and specifications (subject to an evaluation of such work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Construction Contract Documents, and to any qualifications stated in his recommendation), and that payment of the amount recommended is due to the Contractor(s); but by recommending any payment, the CONSULTANT will not thereby be deemed to have represented that continuous or exhaustive examinations have been made by the CONSULTANT to check the quality or quantity of the work or impose on the CONSULTANT responsibility to supervise, direct, or control such work, or for the means, methods, sequences, techniques or procedures of construction or safety precautions or program incident thereto, or that the CONSULTANT has made an examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or that title to any of the work, materials or equipment has passed to the CITY free and clear of any lien, claims, security interests or encumbrances, or that the Contractor(s) have completed their work exactly in accordance with the Contract Documents, drawings and specifications.