CERTIFICATION OF PAYMENTS TO CONTRACTOR. 2.6.3.1 Upon presentation of the Contractor’s Application for Payment, the Design Consultant shall review and certify the amounts due and shall issue Certificates for Payment in such amounts. The Design Consultant's certification for payment shall constitute a representation to the Owner, based on the Design Consultant's evaluation of the Work as provided in Paragraph 2.6.2 and on the data comprising the Contractor's Application for Payment, which shall include waiver of lien notices, that the Work has progressed to the point indicated and that, to the best of the Design Consultant's knowledge, information and professional judgment, 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 Design Consultant. 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Design Consultant 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. 2.6.3.3 The Design Consultant shall maintain a record of the Contractor's Applications for Payment.
Appears in 2 contracts
Samples: Professional Services Agreement, Professional Services
CERTIFICATION OF PAYMENTS TO CONTRACTOR. 2.6.3.1 Upon presentation of the Contractor’s Application for Payment, the Design Consultant The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amountsamounts all in accordance with the provisions set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction annexed to the Construction Contract. The Design Consultant's Architect’s certification for payment shall constitute a representation to the Owner, based on the Design Consultant's Architect’s evaluation of the Work as provided in Paragraph 2.6.2 and on the data comprising the Contractor's ’s Application for Payment, which shall include waiver of lien notices, that the Work has progressed to the point indicated and that, to the best of the Design Consultant's Architect’s knowledge, information and professional judgmentbelief, 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 Design ConsultantArchitect.
2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Design Consultant Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction meansmean, 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 ’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.
2.6.3.3 The Design Consultant Architect shall maintain a record of the Contractor's Applications ’s Application for Payment.
Appears in 2 contracts
Samples: Standard Form of Agreement Between Owner and Contractor, Standard Form of Agreement Between Owner and Architect (Old Evangeline Downs Capital Corp)