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Init.
<br />.3 a final Certificate for Payment has been issued by the Architect in accordance with Section 11.2.2.2.
<br />§ 11.2.2 Within 30 days of the Owner's receipt of the Construction Manager's final accounting for the Cost of the Work,
<br />the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit.
<br />§ 11.2.2.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of the
<br />audit, submit a written report based upon the auditors' findings to the Architect.
<br />§ 11.2.2.2 Within seven days after receipt of the written report described in Section 11.2.2.1, or receipt of notice that the
<br />Owner will not conduct an audit, and provided that the other conditions of Section 11.2.1 have been met, the Architect will
<br />either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the
<br />Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Article
<br />9 of AIA Document A201-2017. The time periods stated in this Section 11.2.2 supersede those stated in Article 9 of AIA
<br />Document A201-2017. The Architect is not responsible for verifying the accuracy of the Construction Manager's final
<br />accounting.
<br />§ 11.2.2.3 If the Owner's auditors' report concludes that the Cost of the Work, as substantiated by the Construction
<br />Manager's final accounting, is less than claimed by the Construction Manager, the Construction Manager shall be entitled
<br />to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document
<br />A201-2017. A request for mediation shall be made by the Construction Manager within 30 days after the Construction
<br />Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this
<br />30-day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the
<br />Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager
<br />the amount certified in the Architect's final Certificate for Payment.
<br />§ 11.2.3 The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of
<br />the Architect's final Certificate for Payment, or as follows:
<br />§ 11.2.4 If, subsequent to final payment, and at the Owner's request, the Construction Manager incurs costs, described in
<br />Sections 7.1 through 7.7, and not excluded by Section 7.9, to correct defective or nonconforming Work, the Owner shall
<br />reimburse the Construction Manager for such costs, and the Construction Manager's Fee applicable thereto, on the same
<br />basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If
<br />adjustments to the Contract Sum are provided for in Section 6.1.7, the amount of those adjustments shall be recalculated,
<br />taking into account any reimbursements made pursuant to this Section 11.2.4 in determining the net amount to be paid by
<br />the Owner to the Construction Manager.
<br />§ 11.3Interest
<br />Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in
<br />the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.
<br />(Insert rate of interest agreed upon, if any.)
<br />1.5% monthly
<br />ARTICLE 12 DISPUTE RESOLUTION
<br />§ 12.1 Initial Decision Maker
<br />§ 12.1.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set
<br />forth in this Article 12 and Article 15 of A201-2017. However, for Claims arising from or relating to the Construction
<br />Manager's Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition
<br />precedent to mediation or binding dispute resolution, and Section 12.1.2 of this Agreement shall not apply.
<br />§ 12.1.2 The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017 for
<br />Claims arising from or relating to the Construction Manager's Construction Phase services, unless the parties appoint
<br />below another individual, not a party to the Agreement, to serve as the Initial Decision Maker.
<br />(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if
<br />other than the Architect.)
<br />AIA Document A133 — 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects,"
<br />"AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 10:24:29 ET on 19
<br />10/16/2025 under Order No.4104243742 which expires on 12/31/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with
<br />the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
<br />User Notes: (846025776)
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