Common use of Certificates for Payment to Contractor Clause in Contracts

Certificates for Payment to Contractor. § 3.6.3.1 The Architect shall observe the progress of the Work, critically evaluate, review and certify the amounts due the Contractor and shall sign and issue Certificates for Payment in such amounts if such amounts are valid, correct, and deemed due and owing, in Architect’s professional opinion, within seven (7) days of receipt of Contractor’s application for payment. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s observations and/or evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor’s Application for Payment, that, the Work has progressed to the point indicated, in Architect’s professional opinion the quality of the Work is in accordance with the Construction Documents and the Contract Documents, and critically evaluated and certified that the amounts requested in the Application for Payment are valid and correct in the Architect’s professional opinion. If Architect disputes the Contractor’s payment application in whole or in part, Architect shall provide in writing to Owner and Contractor a detailed statement of the Architect’s reason for withholding certification in accordance with Texas Government Code §2251.042(a) and as provided in § 3.6.3.2 The issuance of a 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 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. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.

Certificates for Payment to Contractor. § 3.6.3.1 The Architect shall observe the progress of the Work, critically evaluate, promptly review and certify the amounts due the Contractor and shall sign and issue Certificates for Payment certificates in such amounts if such amounts are valid, correct, and deemed due and owing, in Architect’s professional opinion, within seven (7) days of receipt of Contractor’s application for paymentamounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s observations and/or evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor’s Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, in Architect’s professional opinion the quality of the Work is in accordance with the Construction Documents and the Contract Documents, and critically evaluated and certified that the amounts requested Contractor is entitled to payment in the Application amount certified. The foregoing representations are subject to (1) an evaluation of the Work for Payment are valid conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and correct in inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect, and 5) specific qualifications expressed by the Owner's Representative, and (6) to the Architect’s professional opinion. If Architect disputes obligation to make its review and representation in a manner that allows the Contractor’s payment application in whole or in part, Architect shall provide in writing Owner to Owner and Contractor a detailed statement of meet its requirements under the Architect’s reason for withholding certification in accordance with Texas Government Code §2251.042(a) and as provided inOregon Prompt Pay Act. § 3.6.3.2 The issuance of a 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 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. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.

Certificates for Payment to Contractor. § 3.6.3.1 The Architect shall observe the progress of the Work, critically evaluate, review and certify the amounts due the Contractor and shall sign and issue Certificates for Payment certificates in such amounts if such amounts are valid, correct, and deemed due and owing, in Architect’s professional opinion, within seven (7) days of receipt of Contractor’s application for paymentamounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s observations and/or evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor’s Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, in Architect’s professional opinion the quality of the Work is in accordance with the Construction Documents and the Contract Documents, and critically evaluated and certified that the amounts requested Contractor is entitled to payment in the Application amount certified. The foregoing representations are subject to (1) an evaluation of the Work for Payment are valid conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and correct in inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect’s professional opinion. If Architect disputes the Contractor’s payment application in whole or in part, Architect shall provide in writing to Owner and Contractor a detailed statement of the Architect’s reason for withholding certification in accordance with Texas Government Code §2251.042(a) and as provided in. § 3.6.3.2 The issuance of a 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 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. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.3.4 The Architect shall not execute the Contractor’s monthly applications and Certificates for Payment and return to the Owner for action until Architect has made an observation of the construction to determine, to the best of his ability, that the said materials or services have been provided as indicated on the Contractor’s Schedule of Values. If the Architect is aware of any legitimate basis upon which to dispute any sums payable, the Architect shall not issue a Certificate for Payment of such sums without first obtaining the Owner’s written authorization.

Certificates for Payment to Contractor. § 3.6.3.1 The Architect shall observe the progress of the Work, critically evaluate, review and certify the amounts due the Contractor and shall sign and issue Certificates for Payment certificates in such amounts if such amounts are valid, correct, and deemed due and owing, in Architect’s professional opinion, within seven (7) days of receipt of Contractor’s application for paymentamounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s observations and/or evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor’s Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, in Architect’s professional opinion the quality of the Work is in accordance with the Construction Documents and the Contract Documents, and critically evaluated and certified that the amounts requested Contractor is entitled to payment in the Application amount certified. The foregoing representations are subject to (1) an evaluation of the Work for Payment are valid conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and correct in inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect’s professional opinion. If Architect disputes the Contractor’s payment application in whole or in part, Architect shall provide in writing to Owner and Contractor a detailed statement of the Architect’s reason for withholding certification in accordance with Texas Government Code §2251.042(a) and as provided in. § 3.6.3.2 The issuance of a 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 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., § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.3.4 The Architect shall not execute the Contractor’s monthly applications and Certificat to the Owner for action until Architect has made an observation of the construction to deter ability, that the said materials or services have been provided as indicated on the Contractor the Architect is aware of any legitimate basis upon which to dispute any sums payable, the Certificate for Payment of such sums without first obtaining the Owner's written authorizati

Certificates for Payment to Contractor. § 3.6.3.1 The Architect shall observe the progress of the Workwork, critically evaluate, 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 .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 Contractor Contractors and shall sign and issue Certificates a Project Certificate for Payment in the total of such amounts if such amounts are valid, correct, and deemed due and owing, in Architect’s professional opinion, within seven (7) days of receipt of Contractor’s application for payment. 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 or evaluation of the Work as provided in Section 3.6.2 and on 3.6.2, (2) the data comprising the Contractor’s Application for Payment, that, the Work has progressed to the point indicated, in Architect’s professional opinion the quality of the Work is in accordance with the Construction Documents and the Contract Documents, and critically evaluated and certified that the amounts requested in the Application for Payment are valid and correct in the Architect’s professional opinion. If Architect disputes the Contractor’s payment application in whole or in part, Architect shall provide in writing to Owner and Contractor a detailed statement of the Architect’s reason for withholding certification in accordance with Texas Government Code §2251.042(a) and as provided inthe § 3.6.3.2 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. § 3.6.3.3 3.6.3.4 The Architect shall maintain a record of the Applications applications and Certificates certificates for Paymentpayment, which record copy shall be available to Owner upon request.

Certificates for Payment to Contractor. § 3.6.3.1 The Architect shall observe the progress of the Work, critically evaluate, review and certify the amounts due the Contractor and shall sign and issue Certificates for Payment in such amounts if such amounts are valid, correct, and deemed due and owing, in Architect’s professional opinion, within seven (7) days of receipt of Contractor’s application for payment. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s observations and/or evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor’s Application for Payment, that, to the best of the Architect’s knowledge, information, and belief, the Work has progressed to the point indicated, in Architect’s professional opinion the quality of the Work is in accordance with the Construction Documents and the Contract Documents, and critically evaluated and certified that the amounts requested in the Application for Payment are valid and correct in the Architect’s professional opinion. If Architect disputes the Contractor’s payment application in whole or in part, Architect shall provide in writing to Owner and Contractor a detailed statement of the Architect’s reason for withholding certification in accordance with Texas Government Code §2251.042(a) and as provided inin §§9.4.1 and 9.5.1 of the AIA A201 for the project. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect in writing to Owner. § 3.6.3.2 The issuance of a 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 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. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.