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§ 2.6.2.3 The A1chitect 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 />§ 2.6.2.4 Interpretations and decisions of the A1chitect 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 making such interpretations
<br />and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractot•, shall not
<br />show partiality to either, and shall not be liable fo1• 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 />§ 2.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that
<br />term is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between the
<br />Owner and Contractor as provided in the Contract Documents.
<br />§ 2.6.3 APPROVAL OF PAYMENTS TO CONTRACTOR
<br />§ 2.6.3.1 The Architect shall review ~i€y-the amounts due the Contractor and shall issue ^°-~"n~sPayment
<br />Approvals in such amounts. The Architect's ^°^°°'•cca-cxcx~'^c°ativc~r-recommendation for payment shall constitute a
<br />representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6.2 and on the
<br />data comprising the Contractor's Application for Payment, that, to the best of the ?-1•chitect's knowledge,
<br />information and belief, the Work has progressed to the point indicated and that the quality of the Work is in
<br />accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work
<br />for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and
<br />inspections, (3) to correction of minor deviations from the Contract Documents priol• to completion, and (4) to
<br />specific qualifications expressed by the Architect.
<br />§ 2.6.3.2 The issuance of a r°~'•~^^~rPayment Approval shall not be a representation that the Architect has (1)
<br />made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed
<br />construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received
<br />from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's
<br />right to payment, or (4) ascertained how or for what pulpose the Contractor has used money previously paid on
<br />account of the Contract Sum.
<br />§ 2.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
<br />§ 2.6.4 SUBMITTALS
<br />§ 2.6.4.1 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 />§ 2.6.4.2 In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or
<br />take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples,
<br />but only for the limited purpose of checking for conformance with information given and the design concept
<br />expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy
<br />and completeness of other information such as dimensions, quantities, and installation or performance of equipment
<br />or systems, which are the Contractor's responsibility. The Architect's review shall no[ constitute approval of safety
<br />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 />§ 2.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or
<br />certifications by a design professional related to systems, materials or equipment, the Architect shall specify the
<br />appropriate performance and design criteria that such services must satisfy. The Architect shall review shop
<br />Drawings and other submittals related to the Work designed or certified by the design professional retained by the
<br />Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be
<br />AIA Document 8201 TM - 2007 (formerly 8141 T"' -1997 Part 2). Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,
<br />1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA• Document is protected by U.S. Copyright 6
<br />Law and International Treattt,c. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result In severe civil and
<br />criminal penalties, and will be prosecuted to the maximum extent pos§ibie under the law. This document was produced by AIA software at 10:21:11 on
<br />06/11/2009 under Order No.1000356205_t which expires on 7/25/2009, and is not for resale.
<br />User Notes: (676254142)
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