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§ 3.6.1.3 Subject to Section 4.3, 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 />§ 3.6.2 EVALUATIONS OF THE WORK
<br />§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise
<br />required in Section 4.3.3, 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 report to the Owner (1) known deviations from the Contract Documents and
<br />from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in
<br />the Work.
<br />§ 3.6.2.2 The Architect has tho auth rity t shall reject Work that does not conform to the Contract Documents.
<br />Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require
<br />inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such
<br />Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in
<br />good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the
<br />Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other
<br />persons or entities performing portions of the Work.
<br />§ 3.6.2.3 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 />§ 3.6.2.4 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
<br />term is defined in AIA Document A201 2007, the Architect shall render initial decisions on Claims between the
<br />Owner and 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 and that the quality of the Work is in accordance with the Contract Documents.
<br />The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract
<br />Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of
<br />minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by
<br />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 material 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 />§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
<br />AIA Document 8101.' - 2007 (formerly 8151'^' - 1997). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.
<br />All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction
<br />r distribution of this AIA® Document, or any portion of it, may result i civil and criminal penalties, and will be prosecuted to
<br />'
<br />the max extent possible under the law. This draft was produced by AIA software at 10:02:21 ron 12/17/2007 under Order No.1000305200_1
<br />which expires on 6/14/2008, and is not for resale.
<br />User Notes: (434271448)
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