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made exhaustive or continuous on-site inspections to check the quality or quantity of the Work;(2)reviewed
<br /> construction means,methods,techniques,sequences,or procedures;(3)reviewed copies of requisitions received
<br /> from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to
<br /> payment;or(4)made examination to ascertain how or for what purpose the Contractor has used money previously
<br /> paid on account of the Contract Sum.
<br /> §15.4.3 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary
<br /> to protect the Owner,if in the Architect's opinion the representations to the Owner required by Section 15.4.2
<br /> cannot be made.If the Architect is unable to certify payment in the amount of the Application,the Architect will
<br /> notify the Contractor and Owner as provided in Section 15.4.1.If the Contractor and the Architect cannot agree on a
<br /> revised amount,the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is
<br /> able to make such representations to the Owner.The Architect may also withhold a Certificate for Payment or,
<br /> because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment
<br /> previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for
<br /> which the Contractor is responsible,including loss resulting from acts and omissions described in Section 9.2.2,
<br /> because of
<br /> .1 defective Work not remedied;
<br /> .2 third-party claims filed or reasonable evidence indicating probable filing of such claims unless security
<br /> acceptable to the Owner is provided by the Contractor;
<br /> .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor,materials
<br /> or equipment;
<br /> .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
<br /> .5 damage to the Owner or a Separate Contractor;
<br /> .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid
<br /> balance would not be adequate to cover actual or liquidated damages for the anticipated delay;or
<br /> .7 repeated failure to carry out the Work in accordance with the Contract Documents.
<br /> §15.4.4 When either party disputes the Architect's decision regarding a Certificate for Payment under Section
<br /> 15.4.3,in whole or in part,that party may submit a Claim in accordance with Article 21.
<br /> §15.5 Progress Payments
<br /> §15.5.1 The Contractor shall pay each Subcontractor,no later than seven days after receipt of payment from the
<br /> Owner,the amount to which the Subcontractor is entitled,reflecting percentages actually retained from payments to
<br /> the Contractor on account of the Subcontractor's portion of the Work.The Contractor shall,by appropriate
<br /> agreement with each Subcontractor,require each Subcontractor to make payments to sub-subcontractors in a similar
<br /> manner.
<br /> §15.5.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a
<br /> Subcontractor or supplier except as may otherwise be required by law.
<br /> §15.5.3 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the
<br /> Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
<br /> §15.5.4 Provided the Owner has fulfilled its payment obligations under the Contract Documents,the Contractor shall
<br /> defend and indemnify the Owner from all loss,liability,damage or expense,including reasonable attorney's fees
<br /> and litigation expenses,arising out of any lien claim or other claim for payment by any Subcontractor or supplier of
<br /> any tier.Upon receipt of notice of a lien claim or other claim for payment,the Owner shall notify the Contractor.If
<br /> approved by the applicable court,when required,the Contractor may substitute a surety bond for the property
<br /> against which the lien or other claim for payment has been asserted.
<br /> §15.6 Substantial Completion
<br /> §15.6.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
<br /> is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
<br /> Work for its intended use.
<br /> §15.6.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept
<br /> separately,is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of
<br /> Mit. AIA Document A104—2017(formerly A107T —2007).Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017.All
<br /> rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of 17
<br /> The American Institute of Architects.This document was produced at 14:33:21 CT on 01/31/2024 under Order No.3104238599 which expires on 05/21/2024,is
<br /> not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright
<br /> violations,e-mail docinfo@aiacontracts.com.
<br /> User Notes: (3B9ADA3D)
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