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have control over or charge of and shall not be responsible for,acts or omissions of the Contractor or of any other
<br /> persons or entities performing portions of the Work.
<br /> §3.4.1.3 Subject to Section 4.2,the Architect's responsibility to provide Construction Phase Services commences
<br /> with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate
<br /> for Payment.
<br /> §3.4.2 Evaluations of the Work
<br /> §3.4.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise
<br /> required in Section 4.2.2,to become generally familiar with the progress and quality of the portion of the Work
<br /> completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the
<br /> Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not
<br /> be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On
<br /> the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality of
<br /> the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract
<br /> Documents,(2)known deviations from the most recent construction schedule submitted by the Contractor,and(3)
<br /> defects and deficiencies observed in the Work.
<br /> §3.4.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and has the
<br /> authority to require inspection or testing of the Work.
<br /> §3.4.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the
<br /> Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests
<br /> shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
<br /> §3.4.2.4 When making such interpretations and decisions,the Architect shall endeavor to secure faithful
<br /> performance by both Owner and Contractor,shall not show partiality to either,and shall not be liable for results of
<br /> interpretations or decisions rendered in good faith.
<br /> §3.4.2.5 The Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the
<br /> Contract Documents.
<br /> §3.4.3 Certificates for Payment to Contractor
<br /> §3.4.3.1 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 3.4.2 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.
<br /> §3.4.3.2 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
<br /> payment,or(4)ascertained how or for what purpose the Contractor has used money previously paid on account of
<br /> the Contract Sum.
<br /> §3.4.4 Submittals
<br /> §3.4.4.1 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
<br /> with information given and the design concept expressed in the Contract Documents.Review of such submittals is
<br /> not for the purpose of determining the accuracy and completeness of other information such as dimensions,
<br /> quantities,and installation or performance of equipment or systems,which are the Contractor's responsibility.The
<br /> Architect's review shall not constitute approval of safety precautions or any construction means,methods,
<br /> techniques,sequences or procedures.
<br /> Init. AIA Document 8104—2017.Copyright @ 1974,1978,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects,""American Institute
<br /> of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 5
<br /> 21:25:21 CT on 03/29/2023 under Order No.4104236690 which expires on 09/30/2023,is not for resale,is licensed for one-time use only,and may only be used
<br /> in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com.
<br /> User Notes: (3B9ADA3C)
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