|
response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable
<br /> promptness.
<br /> § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable
<br /> from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations
<br /> and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Contractor,shall not
<br /> show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The
<br /> Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
<br /> Contract Documents.
<br /> § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker,as that term
<br /> is defined in AIA Document A201-2017,the Architect shall render initial decisions on Claims between the Owner and
<br /> Contractor as provided in the Contract Documents.
<br /> § 3.6.3 Certificates for Payment to Contractor
<br /> § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such
<br /> amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the
<br /> Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's
<br /> Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has
<br /> progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the
<br /> Contractor is entitled to payment in the amount certified.The foregoing representations are subject to(1)an evaluation
<br /> of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent
<br /> tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)
<br /> specific qualifications expressed by the Architect.
<br /> § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made
<br /> exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction
<br /> means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from
<br /> Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,
<br /> or(4)ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract
<br /> Sum.
<br /> § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
<br /> § 3.6.4 Submittals
<br /> § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold
<br /> approval of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the
<br /> approved submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while
<br /> allowing sufficient time,in the Architect's professional judgment,to permit adequate review.
<br /> § 3.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the Contractor's submittals
<br /> such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with
<br /> information given and the design concept expressed in the Contract Documents.Review of such submittals is not for
<br /> the purpose of determining the accuracy and completeness of other information such as dimensions,quantities,and
<br /> installation or performance of equipment or systems,which are the Contractor's responsibility.The Architect's review
<br /> shall not constitute approval of safety precautions or construction means,methods,techniques,sequences or
<br /> procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is
<br /> a component.
<br /> § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or
<br /> certifications by a design professional related to systems,materials,or equipment,the Architect shall specify the
<br /> appropriate performance and design criteria that such services must satisfy.The Architect shall review and take
<br /> appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the
<br /> Contractor's design professional,provided the submittals bear such professional's seal and signature when submitted
<br /> to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information
<br /> given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and
<br /> Init. AIA Document 81101"—2017.Copyright®1974,1978.1997,1997.2007 and 2017 by The American Institute of Architects.AN rights reserved.The'American
<br /> Institute of Architects."Alk'the AIA Logo,and`ArA Contract Documents'are registered trademarks and may not he used without permission Thisdocumentwas 1 O
<br /> produced by AIA software at 14.36:09 ET on 04/1412021 under Order No2035534887 which expires on 0411012022,is not for resale,is licensed for one-lime use
<br /> only,and may only be used in accordance with the AAA Contract Documents*Terms of Service.To report copyright violations,e-mail copyrightcaia.org.
<br /> User Notes:
<br /> (1749244472)
<br />
|