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§ 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 required
<br />in Section 4.3.3, 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 inspections to check the quality or quantity ofthe Work. On the basis ofthe site visits,
<br />the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work
<br />completed, and report to the Owner (1) known deviations fi•om the Contract Documents and from the most recent
<br />construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work.
<br />§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever
<br />the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing
<br />of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated,
<br />installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to
<br />exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,
<br />Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing
<br />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 malting such interpretations
<br />and decisions, the Architect shall endeavor to secure faithfal 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 all Initial Decision Maker, as that term
<br />is defined in AIA Document A201 -2007, the Architect shall render initial decisions on Clahns between the Owner and
<br />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. The
<br />foregoing representations are subject (1) to all evaluation of the Work for conformance with the Contract Documents
<br />upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations
<br />from the Contract Documents prior to completion, and (4) to specific qualifications expressed by 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 the
<br />Contract Sum.
<br />§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
<br />§ 3.6.4 SUBMITTALS
<br />§ 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold
<br />approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal
<br />schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient
<br />time in the Architect's professional judgment to permit adequate review.
<br />AIA Document 8101 TM — 2007 /fo -• rmerly 8151 TM 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
<br />[nit. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
<br />this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under
<br />the law. This document was produced by AIA software at 11:15:50 on 07/08/2011 under Order No.8789296886_1 which expires on 05/10/2012, and is not for
<br />resale.
<br />User Notes: 96 858710
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