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<br /> § 15.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based I
<br /> on the Architect's evaluations of the Work and the data comprising the Application for Payment, that, to the best of the '
<br /> Architect's lrnowledge, information and belief, the Work has progressed to the point indicated and that the quality of
<br /> the Work is in accardance with the Contract Documents. The foregoing representations are subject to an evaluation of
<br /> the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests
<br /> and inspections, to carrection of minor deviations from the Contract Documents prior to compledon and to specific
<br /> qualifications expressed by the Architect. The issuance of a Certificate for Payment will fiirther constitute a
<br /> representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate
<br /> for Paymentwill not be a representation that the Architecthas (1) made exhaustive or continuous on-site inspections to �
<br /> check the quality or quantity ofthe Work, (2) reviewed construction means, methods, techniques, sequences or
<br /> procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data '
<br /> reguested by the Owner to substantiate the Conh�actor's right to payment, or (4) made examination to ascertain how or
<br /> for what pnrpase the Contractor has used money previously paid on account of the Contract Sum.
<br /> § 15.2.3 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary i
<br /> to protect the Owner, if in the ArchitecYs opinion the representations to the Owner required by Section 15.2.2 cannot �
<br /> be made. If the Arclutect is unable to certify payment in the amount of the Application, the Architect will notify the I
<br /> Contractor and Owner as provided in Section 15.2.1. If the Contractor and the Architect cannot agree on a revised '
<br /> amount, the Architect will promptly issue a Certificate for Payment far the amount for which the Architect is able to �,
<br /> make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of !
<br /> subsequently discovered evidence, may nullify the whole or a part of a Certificate far Payment previously issued, to ',
<br /> such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is '�
<br /> responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of
<br /> .1 defective Work nat 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; I
<br /> .3 failure of the Contractor to make payments properly to Subcantractors or for labor, materials or
<br /> 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 sepazate 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 /> § 15.2.4 When the above reasons for withholding certification are removed, certificati� will be made for amounts
<br /> previously withheld.
<br /> § 15.3 PROGRESS PAYMENTS
<br /> § 15.3.1 T'he Contractor shall pay each Subcontractor, no later than seven days after receipt of payment, the amount to
<br /> which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on
<br /> account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each
<br /> Subcontractor, require each Subcontractor to make payments to sub-subcontractors in similar manner.
<br /> § 15.3.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a
<br /> Subconh�actor except as may otherwise be required by law.
<br /> § 15.3.3 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 accardance with the Contract Documents.
<br /> § 15.4 SUBSTANTIAL COMPLETION
<br /> § 15.4.1 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 Work ,
<br /> for its intended use.
<br /> § 15.4.2 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 j
<br /> AIA Document A107TM — 2007. Copyripht O 1936, 1951, 1858, 1961, 1963, 1968, 1870, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Archlteets.
<br /> Init. All rlghts reserved. WARNING: Thla AIA Dacument ia protected by U.S. Copyr(Bht Law and Intemational Treatles. Unauthorized reproductlon or � 2 I
<br /> distribution of this AIA� Documant, or any porNon of k, may reault in severe civil and crlminai panaltiea, and wlll be prosecuted to the maximum extent
<br /> / posalble underthe law. Thls documentwas produeed by AIA software at 14:59:26 on 04/05I2011 under Order No.4718485922 1 which expires an 10/28/2011, i
<br /> and Is not for resale. �
<br /> UserNotes: (1630881889)
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