|
Init.
<br />§ 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION
<br />Except as otherwise provided in the Contract Documents or when direct communications have been specially
<br />authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about
<br />matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be
<br />through the Architect. Communications by and with Subcontractors and material suppliers shall be through the
<br />Contractor. Communications by and with separate contractors shall be through the Owner.
<br />§ 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review
<br />and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.
<br />§ 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the
<br />Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the
<br />Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed.
<br />However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to
<br />exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors,
<br />material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the
<br />Work.
<br />§ 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals
<br />such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance
<br />with information given and the design concept expressed in the Contract Documents. The Architect's action will be
<br />taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved
<br />submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional
<br />judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the
<br />accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for
<br />installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as
<br />required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the
<br />Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval
<br />of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods,
<br />techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an
<br />assembly of which the item is a component.
<br />§ 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor
<br />changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and
<br />recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.
<br />§ 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date
<br />of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the
<br />Owner, for the Owner's review and records, written warranties and related documents required by the Contract and
<br />assembled by the Contractor pursuant to Section 9.10; and issue a fmal Certificate for Payment pursuant to Section
<br />9.10.
<br />§ 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in
<br />carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of
<br />such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents.
<br />§ 4.2.11 The Architect will 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 />will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
<br />§ 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable
<br />from, the Contract Documents and will be in writing or in the form of drawings When making such interpretations
<br />and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not
<br />show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith.
<br />§ 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent
<br />expressed in the Contract Documents.
<br />AIA Document A201 TTM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
<br />Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 18
<br />reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
<br />maximum extent possible under the law. This document was produced by AIA software at 16:58:20 on 03/19/2015 under Order No. 6807041607 which
<br />expires on 03/18/2016, and is not for resale.
<br />User Notes: (3B9ADA1 E)
<br />
|