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for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The
<br />Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge
<br />of and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing
<br />portions of the Work.
<br />§ 3.4.1.3 Subject to Section 4.2, the Architect's responsibility to provide Construction Phase Services commences with
<br />the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for
<br />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 required
<br />in Section 4.2.1, to become generally familiar with the progress and quality of the portion of the Work completed, and
<br />to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully
<br />completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make
<br />exhaustive or continuous on -site observations to check the quality or quantity of the Work. On the basis of the site
<br />visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the
<br />Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most
<br />recent construction schedule submitted by the Contractor, and (2) 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 />§ 3.42.3 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 />§ 3.42.4 When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance
<br />by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or
<br />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 and that the quality of the Work is in accordance with the Contract Documents.
<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 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 the
<br />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 such
<br />as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with
<br />information given and the design concept expressed in the Contract Documents. Review of such submittals is not for
<br />the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and
<br />installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review
<br />shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any
<br />construction means, methods, techniques, sequences or procedures.
<br />AIA Document 5104.' - 2007. Copyright e 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. A11 rights reserved. WARNING:
<br />This AIA® Document is protected by U.S. Copyright Las and International Treaties. Unauthorized reproduction or distribution of this AIA® Document,
<br />or any portion of it, may result in vil and criminal penalties, and mill be prosecuted to the maximum extent possible under the lam.
<br />This draft was produced by AIA software at 16:22:58 on 07/21/2014 under Order No.4664407957 which expires on 07/21/2015, and is not for resale.
<br />User Notes: a (3B9ADA2C)
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