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.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or
<br />equipment;
<br />reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
<br />damage to the Owner or a separate contractor;
<br />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 />.4
<br />.5
<br />.6
<br />Init.
<br />§ 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts
<br />previously withheld.
<br />§ 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option,
<br />issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the
<br />Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the
<br />Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such
<br />payment on the next Certificate for Payment.
<br />§ 9.6 PROGRESS PAYMENTS
<br />§ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and
<br />within the time provided in the Contract Documents, and shall so notify the Architect.
<br />§ 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the
<br />Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to
<br />the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate
<br />agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar
<br />manner.
<br />§ 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of
<br />completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on
<br />account of portions of the Work done by such Subcontractor.
<br />§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid
<br />Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted
<br />Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact
<br />Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an
<br />obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law.
<br />§ 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided
<br />in Sections 9.6.2, 9.6.3 and 9.6.4.
<br />§ 9.6.6 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 accordance with the Contract Documents.
<br />§ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum,
<br />payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by
<br />the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under
<br />contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require
<br />money to be placed in a separate account and not commingled with money of the Contractor, shall create any
<br />fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity
<br />to an award of punitive damages against the Contractor for breach of the requirements of this provision.
<br />§ 9.7 FAILURE OF PAYMENT
<br />If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after
<br />receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days
<br />after the date established in the Contract Documents the amount certified by the Architect or awarded by binding
<br />dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect,
<br />stop the Work until payment of the amount owing has been received. The Contract Time shall be extended
<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 25
<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)
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