CERTIFICATES FOR PAYMENT. 9.4.1 The Architect will, within three (3) business days after receipt of the Contractor's proper 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. 9.4.1.1 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site 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, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will 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, or (3) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the contract Sum. 9.4.2 If the Contractor has submitted a timely and proper application for payment in accordance with this article, payment may be expected with twenty-five (25) business days of the receipt of the approved proper application. Payment for a proper application reducing or releasing retainage may exceed this duration
Appears in 16 contracts
Samples: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
CERTIFICATES FOR PAYMENT. 9.4.1 14.2.1 The Architect Manager will, within three (3) business seven days after receipt of the Contractor's proper application Application for paymentPayment, either issue to the Owner a certificate Certificate for paymentPayment, with a copy to the Contractor, for such amount as the Architect Manager determines is properly due, or notify the Contractor and Owner in writing of the ArchitectManager's reasons for withholding certification in whole or in part as provided in subparagraph 9.5.1Subparagraph 14.2.3.
9.4.1.1 14.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect Manager to the Owner, based on the ArchitectManager's observations at evaluations of the site 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 ArchitectManager's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the ArchitectManager. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect Manager 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 (34) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the contract Contract Sum.
9.4.2 If 14.2.3 The Manager may withhold a Certificate for Payment in whole or in part, to the Contractor has submitted a timely and proper application for payment extent reasonably necessary to protect the Owner, if in accordance with this article, payment may be expected with twenty-five (25) business days of the receipt of Manager's opinion the approved proper application. Payment for a proper application reducing or releasing retainage may exceed this durationrepresentations to the Owner required by Subparagraph 14.
Appears in 2 contracts
Samples: Owner and Contractor Agreement, Owner and Contractor Agreement
CERTIFICATES FOR PAYMENT. 9.4.1 The Architect Project Manager will, within three (3) business seven days after the receipt of the Contractor's proper application Project Application for paymentPayment, review the Project Application for Payment and either issue a Project Certificate for Payment to the Owner a certificate for payment, with a copy to the Contractor, County for such amount amounts as the Architect Project Manager determines is are properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part a Certificate as provided in subparagraph 9.5.1Subparagraph 9.6.
9.4.1.1 1. The application for payment shall be made on AIA Documents G702 and G703 of the latest edition, in triplicate.
9.4.2 The issuance of a Project Certificate for Payment will constitute a representation by the Architect Project Manager to the OwnerCounty that, based on the ArchitectProject Manager's observations at the site as provided in Subparagraph 2.2.4 and the data comprising the Project Application for Payment, that the Work has progressed to the point indicated and indicated; that, to the best of the ArchitectProject Manager's knowledge, information and belief, the quality and timeliness of the Work is in accordance with the Contract Documents. The foregoing representations are Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial CompletionCompletion of the Work, to the results of any subsequent tests and inspectionsrequired by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion completion, and to any specific qualifications expressed by stated in the Architect. The issuance of a Certificate for Payment will further constitute a representation Certificate); and that the Contractor is entitled to payment in the amount certified. However, the issuance of by issuing a Project Certificate for Payment will Payment, the Project Manager shall not thereby be a representation deemed to represent that the Architect Project Manager has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) has reviewed the construction means, methods, techniques, sequences or procedures, or (3) has made any examination to ascertain how or for what purpose the Contractor has used money the monies previously paid on account of the contract Contract Sum.
9.4.2 If the Contractor has submitted a timely and proper application for payment in accordance with this article, payment may be expected with twenty-five (25) business days of the receipt of the approved proper application. Payment for a proper application reducing or releasing retainage may exceed this duration
Appears in 2 contracts
Samples: Agreement Between Owner and Contractor, Agreement Between Owner and Contractor
CERTIFICATES FOR PAYMENT. 9.4.1 Delete in its entirety and substitute the following: The Architect will, within three (3) business days a reasonable time after receipt of the Contractor's proper application ’s Application for paymentPayment, or as otherwise agreed with the Owner, either (1) issue to the Owner a certificate Certificate for paymentPayment in the full amount of the Application for Payment, with a copy to the Contractor, ; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, or and notify the Contractor and Owner in writing of the Architect's ’s reasons for withholding certification in whole or in part as provided in subparagraph Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1.
9.4.1.1 9.4.2 Delete in its entirety and substitute the following: The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at ’s evaluation of the site Work and the data comprising in the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's ’s knowledge, information information, and belief, the Work has progressed to the point indicated, the quality of the Work in general 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 an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor correction of deviations from the Contract Documents correctable prior to completion completion, and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will 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 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 (34) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the contract Contract Sum.
9.4.2 If . Nothing in this Article 9 shall be deemed to create any duty for the Architect or impose any liability on the Architect for deficiencies or defects in the Work performed by the Contractor has submitted a timely and proper application for payment in accordance with this article, payment may be expected with twenty-five (25) business days of the receipt of the approved proper application. Payment for a proper application reducing or releasing retainage may exceed this durationany subcontractor.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Contractor
CERTIFICATES FOR PAYMENT. 9.4.1 14.2.1 The Architect will, within three (3) business seven days after receipt of the Contractor's proper application ’s Application for paymentPayment, either issue to the Owner a certificate Certificate for paymentPayment, 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 ’s reasons for withholding certification in whole or in part as provided in subparagraph 9.5.1Subparagraph 14.2.3.
9.4.1.1 14.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at ’s evaluations of the site 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 ’s knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will 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 (34) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the contract Contract Sum.
9.4.2 14.2.3 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Subparagraph 14.2.2 cannot be made. If the Contractor has submitted a timely and proper application for Architect is unable to certify payment in accordance with this articlethe amount of the Application, payment the Architect will notify the Contractor and Owner as provided in Subparagraph 14.2.1. 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 expected with twenty-five (25) business days of necessary in the receipt of Architect’s opinion to protect the approved proper application. Payment Owner from loss for a proper application reducing or releasing retainage may exceed this durationwhich the Contractor is responsible, including loss resulting from acts and omissions described in Subparagraph 8.2.2, because of:
.1 defective Work not remedied;
Appears in 1 contract
Samples: Construction Contract (Omtool LTD)
CERTIFICATES FOR PAYMENT. 9.4.1 14.2.1 The Architect will, within three (3) business seven days after receipt of the Contractor's proper application Application for paymentPayment, either issue to the Owner a certificate Certificate for paymentPayment, 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 9.5.1Subparagraph 14.2.3.
9.4.1.1 14.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at evaluations of the site 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 =s knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has 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 (34) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the contract Contract Sum.
9.4.2 14.2.3 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 14.2.2 cannot be made. If the Contractor has submitted a timely and proper application for Architect is unable to certify payment in accordance with this articlethe amount of the Application, payment the Architect will notify the Contractor and Owner as provided in Subparagraph 14.2.1. 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 expected with twenty-five (25) business days of necessary in the receipt of Architect's opinion to protect the approved proper application. Payment Owner from loss for a proper application reducing or releasing retainage may exceed this durationwhich the Contractor is responsible, including loss resulting from acts and omissions dscribed in Subparagraph 8.2.2, because of: .1 defective Work not remedied;
Appears in 1 contract