Common use of CERTIFICATES FOR PAYMENT Clause in Contracts

CERTIFICATES FOR PAYMENT. 9.4.1 The Architect will, within seven days after receipt of the Construction Manager's Application for Payment, either issue to the Development Manager a Certificate for Payment, with a copy to the Construction Manager, for such amount as the Architect determines is properly due, or notify the Construction Manager and Development Manager in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations of the 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 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 correction of minor deviations from the Contract Documents 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 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 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 Development Manager to substantiate the Construction Manager's right to payment or (4) made examination to ascertain how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum.

Appears in 2 contracts

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

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CERTIFICATES FOR PAYMENT. 9.4.1 The Architect will, within seven days after receipt of the Construction ManagerContractor's Application for Payment, either issue to the Development Manager Owner a Certificate for Payment, with a copy to the Construction ManagerContractor, for such amount as the Architect determines is properly due, or notify the Construction Manager Contractor and Development Manager Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations evaluation of the 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 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 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 Construction Manager 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 Development Manager Owner to substantiate the Construction ManagerContractor's right to payment payment, or (4) made examination to ascertain how or for what purpose the Construction Manager Contractor has used money previously paid on account of the Contract Sum.

Appears in 1 contract

Samples: Construction Contract (Empire Resorts Inc)

CERTIFICATES FOR PAYMENT. § 9.4.1 The Architect will, within seven days after receipt of the Construction Manager's Contractor’s Application for Payment, either (1) issue to the Development Manager Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Construction Manager, 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 Construction Manager Contractor and Development Manager in writing Owner 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. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations ’s evaluation of the 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 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 correction of minor deviations from the Contract Documents 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 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 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 material suppliers and other data requested by the Development Manager Owner to substantiate the Construction Manager's Contractor’s right to payment payment; or (4) made examination to ascertain how or for what purpose the Construction Manager Contractor has used money previously paid on account of the Contract Sum.

Appears in 1 contract

Samples: Construction Agreement

CERTIFICATES FOR PAYMENT. 9.4.1 The Architect will, within seven five (5) days after receipt of the Construction ManagerContractor's Application for Payment, either issue to the Development Manager Owner a Certificate for Payment, with a copy to the Construction ManagerContractor, for such amount as the Architect determines is properly due, or notify the Construction Manager Contractor and Development Manager Owner in writing of the Architect's reasons reason for withholding certification in whole or in part as provided in Subparagraph Paragraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations of observations at the Work 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 Construction 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 Construction Manager Contractor is entitled to payment in the amount certifiedcertified subject to the Owner's approval. 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 Development Manager Owner to substantiate the Construction Manager's Contractor’s right to payment or (4) made examination to ascertain how or for what purpose the Construction Manager Contractor has used money previously paid on account of the Contract Sum.

Appears in 1 contract

Samples: Lease (NightHawk Biosciences, Inc.)

CERTIFICATES FOR PAYMENT. 9.4.1 The Architect will, within seven days after receipt of the Construction ManagerContractor's Application for Payment, either issue to the Development Manager Owner a Certificate for Payment, with a copy to the Construction ManagerContractor, for such amount as the Architect determines is properly due, or notify the Construction Manager Contractor and Development Manager Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations of observations at the Work 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 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 Construction Manager 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 Workwork, (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 Development Manager Owner to substantiate the Construction ManagerContractor's right to payment or (4) made examination to ascertain how or for what purpose the Construction Manager Contractor has used money previously paid on account of the Contract Sum.

Appears in 1 contract

Samples: Construction Contract (Monarch Casino & Resort Inc)

CERTIFICATES FOR PAYMENT. 9.4.1 The Architect will, within seven days after receipt of the Construction ManagerContractor's Application for Payment, either issue to the Development Manager Owner a Certificate for Payment, with a copy to the Construction ManagerContractor, for such amount as the Architect determines is properly due, or notify the Construction Manager Contractor and Development Manager Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations of observations at the Work 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 correction of minor deviations from the Contract Documents 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 Construction Manager 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 Development Manager Owner to substantiate the Construction ManagerContractor's right to payment or (4) made examination to ascertain how or for what purpose the Construction Manager Contractor has used money previously paid on account of the Contract Sum. 9.4.3 The issuance of a Certificate of Payment shall constitute a recommendation to the Owner regarding the amount to be paid. This recommendation is not binding on the Owner if Owner knows of other reasons under the Contract Documents why payment should be withheld.

Appears in 1 contract

Samples: General Contract

CERTIFICATES FOR PAYMENT. 9.4.1 The Architect will, within seven three (3) business days after receipt of the Construction ManagerContractor's Application for Payment, either issue to the Development Manager Owner a Certificate for Payment, with a copy to the Construction ManagerContractor, for such amount as the Architect determines is properly due, or notify the Construction Manager Contractor and Development Manager the Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations of observations at the Work 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, the quality of the Work 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 Construction Manager 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 Development Manager Owner to substantiate the Construction ManagerContractor's right to payment or (4) made examination to ascertain how or for what purpose the Construction Manager Contractor has used money previously paid on account of the Contract SumGuaranteed Maximum Price.

Appears in 1 contract

Samples: Construction Contract (National Instruments Corp /De/)

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CERTIFICATES FOR PAYMENT. 9.4.1 The Architect will, within seven days after receipt of the Construction ManagerContractor's Application for Payment, either issue to the Development Manager Owner a Certificate for Payment, with a copy to the Construction ManagerContractor, for such amount as the Architect determines is properly due, or notify the Construction Manager Contractor and Development Manager Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to that 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 correction of minor deviations from the Contract Documents 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 Construction Manager 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 Development Manager Owner to substantiate the Construction ManagerContractor's right to payment payment, or (4) made examination to ascertain how or for what purpose the Construction Manager Contractor has used money previously paid on account of the Contract Sum.

Appears in 1 contract

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

CERTIFICATES FOR PAYMENT. § 9.4.1 The Architect will, within seven ten days after receipt of the Construction ManagerContractor's Application for Payment, either issue to the Development Manager Owner a Certificate for Payment, with a copy to the Construction ManagerContractor, for such amount as the Architect determines is properly due, or notify the Construction Manager Contractor and Development Manager Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations evaluation of the 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 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 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 Construction Manager 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 Development Manager Owner to substantiate the Construction ManagerContractor's right to payment payment, or (4) made examination to ascertain how or for what purpose the Construction Manager Contractor has used money previously paid on account of the Contract Sum.

Appears in 1 contract

Samples: Construction Contract (Sierra Pacific Resources /Nv/)

CERTIFICATES FOR PAYMENT. § 9.4.1 The Architect will, within seven days after receipt of the Construction Manager's Contractor’s Application for Payment, either issue to the Development Manager Owner a Certificate for Payment, with a copy to the Construction ManagerContractor, for such amount as the Architect determines is properly due, or notify the Construction Manager Contractor and Development Manager 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. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations ’s evaluation of the Work and the data comprising the Application for Payment, that that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that, to that 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 correction of minor deviations from the Contract Documents 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 Construction Manager 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 Development Manager Owner to substantiate the Construction Manager's Contractor’s right to payment payment, or (4) made examination to ascertain how or for what purpose the Construction Manager Contractor has used money previously paid on account of the Contract Sum.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect (Nu Skin Enterprises Inc)

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