Common use of Certifications for Payment Clause in Contracts

Certifications for Payment. The Architect shall review and approve as appropriate the Contractor’s monthly and final Applications for Payment and issue Certifications for Payment in accordance with the General Conditions of the Contract. (a) The Architect’s review, approval, and certification of Applications for Payment shall be based on the Architect’s general knowledge of the Work obtained through inspections at the site and the information provided by the Contractor with the Application. The Architect shall not be required to perform exhaustive examinations, evaluations, or estimates of the cost of completed or uncompleted Work or stored materials to verify the accuracy of amounts requested by the Contractor. (b) The Architect shall not be required to withhold payment for completed or partially completed Work for which compliance with the Contract Documents remains to be determined by Specified Inspections or Final Inspections to be performed in their proper sequence. However, if Work for which payment has been approved, certified, or made under an Application for Payment is subsequently determined not in compliance with the Contract Documents, the Architect shall determine an appropriate amount that will protect the Owner’s interest against such noncompliance and: .1 if payment has not been made against the Application for Payment first including the Work in question, notify the Owner and Contractor of the amount to be withheld from the payment until the Work is brought into compliance with the Contract Documents, or .2 if payment has been made against the Application for Payment first including the Work in question, withhold the appropriate amount from the next Application for Payment submitted after the determination of noncompliance, such amount to then be withheld until the Work is brought into compliance with the Contract Documents. (c) The Architect shall notify the Contractor in writing of any adjustments that the Architect may make to an Application for Payment in approving and certifying it. (d) The Architect shall not be required to determine that the Contractor has promptly or fully paid Subcontractors and suppliers or how or for what purpose the Contractor has used monies paid under the Construction Contract. However, the Architect may, upon request and if practical, inform any Subcontractor or supplier of the amount, or percentage of completion, approved or paid to the Contractor on account of the materials supplied or the Work performed by the Subcontractor. (e) On each Application for Payment the Architect shall certify to the Owner that to the best of the Architect’s knowledge and belief, the Work has progressed to the point indicated in the Application, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount approved.

Appears in 5 contracts

Samples: Agreement Between Owner and Architect, Agreement Between Owner and Architect, Agreement Between Owner and Architect

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Certifications for Payment. The Architect shall review and approve as appropriate the Contractor’s monthly and final Applications for Payment and issue Certifications for Payment in accordance with the General Conditions of the Contract. (a) The Architect’s review, approval, and certification of Applications for Payment shall be based on the Architect’s general knowledge of the Work obtained through inspections at the site and the information provided by the Contractor with the Application. The Architect shall not be required to perform exhaustive examinations, evaluations, or estimates of the cost of completed or uncompleted Work or stored materials to verify the accuracy of amounts requested by the Contractor.be (b) The Architect shall not be required to withhold payment for completed or partially completed Work for which compliance with the Contract Documents remains to be determined by Specified Inspections or Final Inspections to be performed in their proper sequence. However, if Work for which payment has been approved, certified, or made under an Application for Payment is subsequently determined not in compliance with the Contract Documents, the Architect shall determine an appropriate amount that will protect the Owner’s interest against such noncompliance and: .1 if payment has not been made against the Application for Payment first including the Work in question, notify the Owner and Contractor of the amount to be withheld from the payment until the Work is brought into compliance with the Contract Documents, or .2 if payment has been made against the Application for Payment first including the Work in question, withhold the appropriate amount from the next Application for Payment submitted after the determination of noncompliance, such amount to then be withheld until the Work is brought into compliance with the Contract Documents. (c) The Architect shall notify the Contractor in writing of any adjustments that the Architect may make to an Application for Payment in approving and certifying it. (d) The Architect shall not be required to determine that the Contractor has promptly or fully paid Subcontractors and suppliers or how or for what purpose the Contractor has used monies paid under the Construction Contract. However, the Architect may, upon request and if practical, inform any Subcontractor or supplier of the amount, or percentage of completion, approved or paid to the Contractor on account of the materials supplied or the Work performed by the Subcontractor. (e) On each Application for Payment the Architect shall certify to the Owner that to the best of the Architect’s knowledge and belief, the Work has progressed to the point indicated in the Application, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount approved.

Appears in 2 contracts

Samples: Owner Architect Agreement, Architect Agreement

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Certifications for Payment. The Architect shall review and approve as appropriate the Contractor’s monthly and final Applications for Payment and issue Certifications for Payment in accordance with the General Conditions of the Contract. (a) The Architect’s review, approval, and certification of Applications for Payment (ACCS Form 6-D) shall be based on the Architect’s general knowledge of the Work obtained through inspections at the site and the information provided by the Contractor with the Application. The Architect shall not be required to perform exhaustive examinations, evaluations, or estimates of the cost of completed or uncompleted Work or stored materials to verify the accuracy of amounts requested by the Contractor. (b) The Architect shall not be required to withhold payment for completed or partially completed Work for which compliance with the Contract Documents remains to be determined by Specified Inspections or Final Inspections to be performed in their proper sequence. However, if Work for which payment has been approved, certified, or made under an Application for Payment is subsequently determined not in compliance with the Contract Documents, the Architect shall determine an appropriate amount that will protect the Owner’s interest against such noncompliance and: : .1 if payment has not been made against the Application for Payment first including the Work in question, notify the Owner and Contractor of the amount to be withheld from the payment until the Work is brought into compliance with the Contract Documents, or .2 if payment has been made against the Application for Payment first including the Work in question, withhold the appropriate amount from the next Application for Payment submitted after the determination of noncompliance, such amount to then be withheld until the Work is brought into compliance with the Contract Documents. (c) The Architect shall notify the Contractor in writing of any adjustments that the Architect may make to an Application for Payment in approving and certifying it. (d) The Architect shall not be required to determine that the Contractor has promptly or fully paid Subcontractors and suppliers or how or for what purpose the Contractor has used monies paid under the Construction Contract. However, the Architect may, upon request and if practical, inform any Subcontractor or supplier of the amount, or percentage of completion, approved or paid to the Contractor on account of the materials supplied or the Work performed by the Subcontractor. (e) On each Application for Payment the Architect shall certify to the Owner that to the best of the Architect’s knowledge and belief, the Work has progressed to the point indicated in the Application, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount approved.

Appears in 1 contract

Samples: Agreement Between Owner and Architect

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