Common use of CERTIFICATES FOR PAYMENT Clause in Contracts

CERTIFICATES FOR PAYMENT. 5.3.1 The Owner will, within seven (7) business days after receipt of the Contractor’s Application for Payment, issue a Certificate for Payment, with a copy to the Contractor, for such amount as the Owner determines is properly due, or notify the Contractor in writing of the Owner ’s reasons for withholding certification in whole or in part as provided. 5.3.2 The issuance of a Certificate for Payment will constitute a representation by the Owner, based on the Owner’s evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Owner’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 Agreement. The foregoing representations are subject to an evaluation of the Work for conformance with the Agreement upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Agreement prior to completion and to specific qualifications expressed by the Owner. 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 Owner 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) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Price.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

AutoNDA by SimpleDocs

CERTIFICATES FOR PAYMENT. 5.3.1 9.4.1 The Owner Project Manager will, within seven (7) business days after the receipt of the Contractor’s Project Application for Payment, review the Project Application for Payment and either issue a Project Certificate for Payment, with a copy Payment to the Contractor, County for such amount amounts as the Owner Project Manager determines is are properly due, or notify the Contractor in writing of the Owner ’s reasons for withholding certification a Certificate as provided in whole or in part as providedSubparagraph 9.6. 5.3.2 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 OwnerProject Manager to the County that, based on the Owner’s evaluation of Project Manager's observations at the Work site as provided in Subparagraph 2.2.4 and the data comprising the Project Application for Payment, that, to the best of the Owner’s knowledge, information and belief, the Work has progressed to the point indicated indicated; that, to the best of the Project Manager's knowledge, information and that belief, the quality and timeliness of the Work is in accordance with the Agreement. The foregoing representations are Contract Documents (subject to an evaluation of the Work for conformance with the Agreement 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 correction of minor deviations from the Agreement Contract Documents correctable prior to completion completion, and to any specific qualifications expressed by stated in the Owner. 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 Owner 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, (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) 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 PriceSum.

Appears in 2 contracts

Samples: Agreement Between Owner and Contractor, Agreement Between Owner and Contractor

CERTIFICATES FOR PAYMENT. 5.3.1 The Owner will, within seven (7) business days after receipt of the Contractor’s Application for Payment, issue a Certificate for Payment, with a copy to the Contractor, for such amount as the Owner determines is properly due, or notify the Contractor in writing of the Owner ’s reasons for withholding certification in whole or in part as provided.’s 5.3.2 The issuance of a Certificate for Payment will constitute a representation by the Owner, based on the Owner’s evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Owner’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 Agreement. The foregoing representations are subject to an evaluation of the Work for conformance with the Agreement upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Agreement prior to completion and to specific qualifications expressed by the Owner. 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 Owner 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) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Price.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

CERTIFICATES FOR PAYMENT. 5.3.1 9.4.1 The Owner Architect will, within seven (7) business days after receipt of the Contractor’s Construction Manager's Application for Payment, either issue to the Development Manager a Certificate for Payment, with a copy to the ContractorConstruction Manager, for such amount as the Owner Architect determines is properly due, or notify the Contractor Construction Manager and Development Manager in writing of the Owner ’s Architect's reasons for withholding certification in whole or in part as providedprovided in Subparagraph 9.5.1. 5.3.2 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Owner’s evaluation Architect's evaluations of the Work and the data comprising the Application for Payment, that, to the best of the Owner’s knowledge, information and belief, that the Work has progressed to the point indicated and that that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the AgreementContract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Agreement Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Agreement Contract Documents prior to completion and to specific qualifications expressed by the OwnerArchitect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor Construction Manager is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Owner 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 Subcontractors and material suppliers and other data requested by the Owner Development Manager to substantiate the Contractor’s Construction Manager's right to payment, payment or (4) made examination to ascertain how or for what purpose the Contractor Construction Manager has used money previously paid on account of the Contract PriceSum.

Appears in 2 contracts

Samples: Agreement Between Owner and Architect (Chukchansi Economic Development Authority), Construction Manager Agreement (Chukchansi Economic Development Authority)

CERTIFICATES FOR PAYMENT. 5.3.1 § 9.4.1 The Owner Architect will, within seven (7) business days after receipt of the Contractor’s Application for Payment, either (1) issue to the Owner a Certificate for Payment 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 Owner Architect determines is properly due, or and notify the Contractor in writing and Owner of the Owner Architect’s reasons for withholding certification in whole or in part as providedprovided in 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. 5.3.2 § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the OwnerArchitect’s evaluation of the Work and the data comprising in the Application for Payment, that, to the best of the OwnerArchitect’s knowledge, information information, and belief, the Work has progressed to the point indicated and that indicated, the quality of the Work is in accordance with the AgreementContract 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 Agreement Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Agreement Contract Documents prior to completion completion, and to specific qualifications expressed by the Owner. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certifiedArchitect. However, the issuance of a Certificate for Payment will not be a representation that the Owner 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 Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, ; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract PriceSum.

Appears in 1 contract

Samples: Construction Agreement

CERTIFICATES FOR PAYMENT. 5.3.1 9.4.1 The Owner Architect will, within seven (7) business days after receipt of the Contractor’s 's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Owner Architect determines is properly due, or notify the Contractor and Owner in writing of the Owner ’s Architect's reasons for withholding certification in whole or in part as providedprovided in Subparagraph 9.5.1. 5.3.2 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Owner’s evaluation of Architect's observations at the Work site and the data comprising the Application for Payment, that, to the best of the Owner’s knowledge, information and belief, that the Work has progressed to the point indicated and that that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the AgreementContract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Agreement upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Agreement Contract Documents correctable prior to completion and to specific qualifications expressed by the Owner. 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 Owner 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 Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s 's right to payment, payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract PriceSum.

Appears in 1 contract

Samples: Contract for Construction

AutoNDA by SimpleDocs

CERTIFICATES FOR PAYMENT. 5.3.1 9.4.1 The Owner Architect will, within seven (7) business days after receipt of the Contractor’s 's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Owner Architect determines is properly due, or notify the Contractor and Owner in writing of the Owner ’s Architect's reasons for withholding certification in whole or in part as providedprovided in Subparagraph 9.5.1. 5.3.2 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Owner’s Architect's evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Owner’s knowledge, information and belief, that the Work has progressed to the point indicated and that the quality of the Work is in accordance with the AgreementContract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Agreement Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Agreement Contract Documents prior to completion and to specific qualifications expressed by the OwnerArchitect. 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 Owner 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 Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s 's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract PriceSum.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Contractor (Corixa Corp)

CERTIFICATES FOR PAYMENT. 5.3.1 The Owner Architect will, within seven (7) business days after receipt of the Contractor’s Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor, ; (2) issue to the Owner a Certificate for Payment for such amount as the Owner Architect determines is properly due, or and notify the Contractor and Owner in writing of the Owner Architect’s reasons for withholding certification in whole part; 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 part as provided. 5.3.2 whole. If certification or notification is not made within such seven day period, the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time and the Contract Sum shall be equitably adjusted due to the delay. The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the OwnerArchitect’s evaluation of the Work and the data comprising in the Application for Payment, that, to the best of the OwnerArchitect’s knowledge, information information, and belief, the Work has progressed to the point indicated and that indicated, the quality of the Work is in accordance with the AgreementContract 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 Agreement Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Agreement Contract Documents prior to completion completion, and to specific qualifications expressed by the Owner. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certifiedArchitect. However, the issuance of a Certificate for Payment will not be a representation that the Owner 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 Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, ; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract PriceSum.

Appears in 1 contract

Samples: Standard Short Form of Agreement Between Owner and Contractor

CERTIFICATES FOR PAYMENT. 5.3.1 The Owner will, within seven (7) business days after receipt of the Contractor’s Application for Payment, issue a Certificate for Payment, with a copy to the Contractor, for such amount as the Owner determines is properly due, or notify the Contractor in writing of the Owner ’s reasons for withholding certification in whole or in part as provided. 5.3.2 The issuance of a Certificate for Payment will constitute a representation by the Owner, based on the Owner’s evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Owner’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 AgreementContract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Agreement Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Agreement Contract Documents prior to completion and to specific qualifications expressed by the Owner. 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 Owner 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) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Price.

Appears in 1 contract

Samples: Construction Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!