Certificates for Payment to Contractor. § 3.6.3.1 The Architect shall review and certify an application for payment not more frequently than monthly. Within seven days after the Architect receives an application for payment forwarded from the Construction Manager, the Architect shall review and certify the application as follows: .1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor’s Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment in such amount. .2 Where there are Multiple Prime Contractors responsible for performing different portions of the Project, the Architect shall review a Project Application and Project Certificate for Payment, with a Summary of Contractors’ Applications for Payment, that the Construction Manager has previously prepared, reviewed and certified. The Architect shall certify the amounts due the Contractors and shall issue a Project Certificate for Payment in the total of such amounts. § 3.6.3.2 The Architect’s certification for payment shall constitute a representation to the Owner, based on (1) the Architect’s evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor’s Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.4 The Architect shall maintain a record of the applications and certificates for payment.
Appears in 2 contracts
Samples: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect
Certificates for Payment to Contractor. § 3.6.3.1 The Architect shall review and certify an application for payment not more frequently than monthly. Within seven days after review, check the Architect receives an application for payment forwarded from the Construction Managercalculations of, the Architect shall review and certify the application as follows:
.1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor’s Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount amounts due the Contractor and shall issue a Certificate certificates in such amounts within five (5) calendar days of Contractor’s Application for Payment in such amount.
.2 Where there are Multiple Prime Contractors responsible for performing different portions a form acceptable to Owner together with any other documents, certificates, instruments and information reasonably requested by Owner. Architect shall conduct its monthly on-site inspection with the Owner’s Representative and shall consult with Owner’s Representative to reach agreement on the progress of the Project, the Architect shall review a Project Application Work and Project Certificate for Payment, with a Summary of Contractors’ Applications for Payment, that the Construction Manager has previously prepared, reviewed and certified. The Architect shall certify on the amounts due the Contractors and shall issue a Project Certificate for Payment in the total of such amounts.
§ 3.6.3.2 Contractor. The Architect’s certification for payment shall constitute a representation to the Owner, based on (1) the Architect’s evaluation of the Work as provided in Section 3.6.2, (2) 3.6.2 and on the data comprising the Contractor’s Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that indicated, the quality of the Work is in accordance with the Contract Documents, and if requested by the Owner, that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. Architect also shall assemble and certify all certificates of payment and backup information which may be reasonably necessary or of assistance to Owner in filing required documentation for governmental authorities. Architect shall submit all periodic and final Certificates of Payment and completion to Owner for Owner’s review and concurrence before issuing the same.
§ 3.6.3.3 3.6.3.2 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
§ 3.6.3.4 3.6.3.3 The Architect shall maintain a record of the applications Applications and certificates Certificates for paymentPayment.
§ 3.6.3.4 The Architect shall complete its review of each Application for Payment from the Contractor and deliver the Certificate for Payment (or rejection of the Application for Payment) to the Owner within five (5) calendar days from the date of the Architect’s receipt of the Application for Payment. Architect shall submit all periodic and final Certificates of Payment and completion to Owner for Owner’s review and concurrence before issuing the same.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Certificates for Payment to Contractor. § 3.6.3.1 The Architect shall review and certify an application for payment not more frequently than monthly. Within seven days after the Architect receives an application for payment forwarded from the Construction Manager, the Architect shall review and certify the application as follows:
.1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor’s Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount amounts due the Contractor and shall issue a Certificate for Payment certificates in such amount.
.2 Where there are Multiple Prime Contractors responsible for performing different portions of the Project, the Architect shall review a Project Application and Project Certificate for Payment, with a Summary of Contractors’ Applications for Payment, that the Construction Manager has previously prepared, reviewed and certifiedamounts. The Architect shall certify the amounts due the Contractors and shall issue a Project Certificate for Payment in the total of such amounts.
§ 3.6.3.2 The Architect’s certification for payment shall constitute a representation to the Owner, based on (1) the Architect’s evaluation of the Work as provided in Section 3.6.2, (2) 3.6.2 and on the data comprising the Contractor’s Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that indicated, the quality of the Work is in accordance with the Contract Documents, Contractor has submitted all conditional lien releases, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect.
§ 3.6.3.3 3.6.3.2 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
§ 3.6.3.4 3.6.3.3 The Architect shall maintain a record of the applications Applications and certificates Certificates for paymentPayment.
§ 3.6.3.4 The Architect must complete its review of each Application for Payment from the Contractor and deliver the Certificate for Payment (or rejection of the Application for Payment) to the Owner within 7 days from the date of the Architect’s receipt of the Application for Payment. The Architect will be liable to the Owner for all damages incurred as a result of the Architect’s untimely review of the Applications for Payment, including without limitation damages owed to the Contractor, interest charges, attorney fees, indemnification expenses, construction lien costs or losses, suspension of work, and other direct or consequential damages.
§ 3.6.3.5 The Architect or the Owner may withhold approval for payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s or the Owner’s opinion the representations to the Owner required by Section 3.6.3.1
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Certificates for Payment to Contractor. § 3.6.3.1 The Architect shall review and certify an application for payment not more frequently than monthly. Within seven days after the Architect receives an application for payment forwarded from the Construction Manager, the Architect shall review and certify the application as follows:
.1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor’s Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment in such amount.
.2 Where there are Multiple Prime Contractors responsible for performing different portions of the Project, the Architect shall review a Project Application and Project Certificate for Payment, with a Summary of Contractors’ Applications for Payment, that the Construction Manager has previously prepared, reviewed and certified. The Architect shall certify the amounts due the Contractors and shall issue a Project Certificate for Payment in the total of such amounts.
§ 3.6.3.2 The Architect’s certification for payment shall constitute a representation to the Owner, based on (1) the Architect’s evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor’s Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect.
§ 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
§ 3.6.3.4 The Architect shall maintain a record of the applications and certificates for payment.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition
Certificates for Payment to Contractor. § 3.6.3.1 The Architect shall review and certify an application for payment not more frequently than monthly. Within seven days after the Architect receives an application for payment forwarded from the Construction Manager, the Architect shall review and certify the application as follows:
.1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor’s Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount amounts due the Contractor and shall issue a Certificate for Payment certificates in such amount.
.2 Where there are Multiple Prime Contractors responsible for performing different portions of the Project, the Architect shall review a Project Application and Project Certificate for Payment, with a Summary of Contractors’ Applications for Payment, that the Construction Manager has previously prepared, reviewed and certifiedamounts. The Architect shall certify the amounts due the Contractors and shall issue a Project Certificate for Payment in the total of such amounts.
§ 3.6.3.2 The Architect’s certification for payment shall constitute a representation to the Owner, based on (1) the Architect’s evaluation of the Work as provided in Section 3.6.2, (2) 3.6.2 and on the data comprising the Contractor’s Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect.
§ 3.6.3.3 3.6.3.2 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
§ 3.6.3.4 3.6.3.3 The Architect shall maintain a record of the applications Applications and certificates Certificates for paymentPayment.
§ 3.6.4 Submittals replace approve/approved with review/reviewed
§ 3.6.4.1 The Architect shall review the Contractor’s submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect’s action in reviewing submittals shall be taken in accordance with the approved review submittal schedule or, in the absence of an approved review submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect’s professional judgment, to permit adequate review.
§ 3.6.4.2 The Architect shall review and approve, , or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor’s responsibility. The Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect’s approval review of a specific item shall not indicate approval of an assembly of which the item is a component.
§ 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor’s design professional, provided the submittals bear such professional’s seal and signature when submitted to the Architect. The Architect’s review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals.
§ 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such
§ 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents.
§ 3.6.5 Changes in the Work
§ 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner’s approval and execution in accordance with the Contract Documents.
§ 3.6.5.2 The Architect shall maintain records relative to changes in the Work.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Certificates for Payment to Contractor. § 3.6.3.1 The Architect shall review and certify an application for payment not more frequently than monthly. Within seven days after observe the Architect receives an application for payment forwarded from progress of the Construction ManagerWork, the Architect shall review evaluate, review, and certify the application as follows:
.1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor’s Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount amounts due the Contractor and shall sign and issue a Certificate for Payment certificates in such amount.
.2 Where there amounts if such amounts are Multiple Prime Contractors responsible valid, correct, and deemed due and owing, in Architect’s professional opinion, within seven (7) days of receipt of Contractor’s application for performing different portions of the Project, the Architect shall review a Project Application and Project Certificate for Payment, with a Summary of Contractors’ Applications for Payment, that the Construction Manager has previously prepared, reviewed and certifiedpayment. The Architect shall certify the amounts due the Contractors and shall issue a Project Certificate for Payment in the total of such amounts.
§ 3.6.3.2 The Architect’s certification for payment shall constitute a representation to the Owner, based on (1) the Architect’s observations and/or evaluation of the Work as provided in Section 3.6.2, (2) 3.6.2 and on the data comprising the Contractor’s Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect’s knowledge, information and belief, that the Work has progressed to the point indicated indicated, and that in the Architect’s professional opinion, the quality of the Work is in accordance with the Construction Documents and Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. The Architect shall certify amounts due reflect the allowable amounts for pre-construction phase services, General Conditions, Fees, use of Allowances and use of Contingencies, approved Change Orders, approved Allowance Expenditure Authorizations (AEA’s) and approved Change Proposal Requests (CPR’s).
§ 3.6.3.3 3.6.3.2 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, except as otherwise required by this agreement, (2) reviewed construction means, methods, techniques, sequences or procedures, or (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
§ 3.6.3.4 3.6.3.3 The Architect shall maintain a record of the applications Applications and certificates Certificates for paymentPayment.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Certificates for Payment to Contractor. § 3.6.3.1 The Architect shall review and certify an application for payment not more frequently than monthly. Within seven days after the Architect receives an application for payment forwarded from the Construction Manager, and based on the Architect’s observations and on its evaluations of the Contractor’s Application for Payment, the Architect shall review and certify certify, or give the reasons for its refusal to certify, the application as follows:
.1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor’s Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment in such amount.
.2 Where there are Multiple Prime Contractors is more than one Contractor responsible for performing different portions of the Project, the Architect shall review a the Project Application and Project Certificate for Payment, with a the Summary of Contractors’ Applications for Payment, that the Construction Manager has previously prepared, reviewed reviewed, and certified. The Architect shall certify the amounts total amount due the all Contractors collectively and shall issue a Project Certificate for Payment in the total of such amounts.
§ 3.6.3.2 The Architect’s certification for payment shall constitute a representation to the Owner, based on (1) the Architect’s evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor’s Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect.Application
§ 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the each Contractor’s right to payment, or (4) ascertained how or for what purpose the that Contractor has used money previously paid on account of the Contract Sum.
§ 3.6.3.4 The Architect shall maintain a record of the applications Applications and certificates Certificates for paymentPayment.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Certificates for Payment to Contractor. § 3.6.3.1 The Architect shall review and certify an application for payment not more frequently than monthly. Within seven days after the Architect receives an application for payment forwarded from the Construction Manager, the Architect shall review and certify the application as follows:
.1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor’s Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount amounts due the Contractor and shall issue a Certificate for Payment certificates in such amount.
.2 Where there are Multiple Prime Contractors responsible for performing different portions of the Project, the Architect shall review a Project Application and Project Certificate for Payment, with a Summary of Contractors’ Applications for Payment, that the Construction Manager has previously prepared, reviewed and certifiedamounts. The Architect shall certify the amounts due the Contractors and shall issue a Project Certificate for Payment in the total of such amounts.
§ 3.6.3.2 The Architect’s certification for payment shall constitute a representation to the Owner, based on (1) the Architect’s evaluation of the Work as provided in Section 3.6.2, (2) 3.6.2 and on the data comprising the Contractor’s Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. In addition, within five (5) days after receipt of the Contractor’s Application for Payment, the Architect shall issue to the Owner and/or the Owner’s lender such documents, certificates, instruments and information reasonably requested by the Owner or the Owner’s lender. If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall, if reasonably feasible, be submitted to the Architect for review at least seven (7) days prior to the requested dates of execution. As used herein, the words/terms “certify” or “certificate” shall mean an expression of Architect's professional opinion to the best of its information, knowledge and belief, and does not constitute a warranty or guarantee by Architect.
§ 3.6.3.3 3.6.3.2 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
§ 3.6.3.4 3.6.3.3 The Architect shall maintain a record of the applications Applications and certificates Certificates for paymentPayment.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect (Nu Skin Enterprises Inc)
Certificates for Payment to Contractor. § 3.6.3.1 The Architect shall review and certify an application for payment not more frequently than monthly. Within truc Ar on M e the Contractor and shall rent ate fanag seven days after the Architect receives an application for payment forwarded from the Construction Manager, the Cons Architect shall review and certify the application as follows:
.1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor’s Application and Certificate for Payment that the Construction Manager has Constructi previously reviewed and certified. The Architect shall certify the amount due the Contractor and shall du issue a Certificate for Payment in such amount.
.2 Where there are Multiple Prime Contractors responsible for performing different portions of the diffe Project, the Architect shall review a Project Application and Project Certificate for Payment, with a Certific Summary of Contractors’ Applications for Payment, Payment that the Construction Manager has previously prepared, reviewed and certified. The Architect shall certify the amounts due the Contractors and shall issue a Project Certificate for Payment in the total of such amounts.M
§ 3.6.3.2 The Architect’s certification for payment shall constitute a representation to the Owner, based on (1) the Architect’s evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor’s Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect.
§ 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
§ 3.6.3.4 The Architect shall maintain a record of the applications and certificates for payment.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect