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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
<br /> on the Architect's evaluations ofthe Work and the data comprising the Application for Payment, that, to the best of the
<br /> Ardutoct's lmowledge, information and belief, the Work has progressed to the point indicated and that the quality of
<br /> die Work is in accordance 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 correction of minor deviations from the Contract Documents prior to completion and to specific
<br /> qt�i8cations expressed by the Architect. The issuance of a Certificate for Payment will further constitute a
<br /> rc4xesentation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate
<br /> for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to
<br /> check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or
<br /> procedures, (3) reviewod copies of requisitions received from Subcontractors and material suppliers and other data
<br /> requested by the Owna to aubstantiate the Contractor's right to payment, ar(4) made examination to ascertain how or
<br /> for what purpose the Contractor has used money previously paid on account of the Contract Sum.
<br /> § 15.2.3 'ITte Archited 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 15.2.2 cannot
<br /> be made. If tlse Arc6itect is unable to certify payment in the amount of the Application, the Architect will notify the
<br /> Contracto� and Owuer as provided in Section 15.2.1. If the Contractor and the Architect cannot agee on a revised
<br /> amount, the Arcfiitect will pramptly issue a Certificate for Payment for the amount for which the Architect is able to
<br /> make such repeesentations to the Owner. T'he Architect may also withhold a Certificate for Payment or, because of
<br /> subsequently discovcred evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to
<br /> such extent aa 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 Wak not remedied;
<br /> .2 ti�ird party daims filed or reasonable evidence indicating probable filing of such claims unless security
<br /> acczptable to the Owner is provided by the Contractar;
<br /> .3 failiae of the Contractor to make payments properly to Subcontractors 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 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 /> § 15.2.4 Wlien the above reasons for withholding certification are removed, certification will be made for amounts
<br /> previously withheld.
<br /> ' § 15.3 PROGRESS PAYMENTS
<br /> § 15.3.1 The Contractor sha11 pay eact� 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 Subcontrador's portion of the Work. The Contractor shall, by appropriate agreement with each
<br /> Subcontractor, require eacF► Subcontractor to make payments to sub-subcontractors in similar manner.
<br /> § 15.3.2 Neitha the Owner nor Architect shall have an obligation to pay or see to the payment of money to a
<br /> Subcontract� exc,cpt as may otherwise be required by law.
<br /> § 15.3.3 A Ccrtificate 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 /> § 15.4 SUBSTANTIAL COMPLETION
<br /> § 15.4.1 Substantial Completion is the stage in the progess of the Work when the Work or designated portion thereof
<br /> is su�ciartly complete in accordance with the Cantract Documents so that the Owner can occupy or utilize the Work
<br /> f� its intaided 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
<br /> AIA Document A107T" — 2007. Copyright m 1936, 1951, 1958, 1961, 1963, 1966, 1 ��ht Law and I tsmaUonal Tnatl s Un uthorizsd roproduction o�itects. 12
<br /> Init. p�� �9hts reserved. WARNING: This AIA Doeument la protected by U.S. Copy p
<br /> distribution otthis AIA Doeumsnt, or �ny portion of R, may rosuk In severe eNli �nd eriminal psnaltles, and wlll ba prosseutsd to ths maximum eztsnt
<br /> _ � posslbls underthe law. This documentwas produced by AIA soflware at 11�15:12 on 11/04/2011 under Ordar No.0875262049_1 which expires on 10/29I2012,
<br /> and is not for resale. (945440306)
<br /> _ User Notes:
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