|
<br />charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
<br />employees, or of any other persons or entities performing portions of the Work.
<br />
<br />§2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress,
<br />
<br />§ 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially
<br />authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters
<br />arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall
<br />be through the Architect.
<br />
<br />§ 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents,
<br />Whenever the. Architect considers it necessary or advisable, the Architect will have authority to require inspection or
<br />testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is
<br />fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith
<br />either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the
<br />Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities
<br />performing portions of the Work,
<br />
<br />§ 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR
<br />§ 2.6.3,1 The Archìte.ct shall review and certify the amounts due the Contractor and shall issue Certificates for
<br />Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner,
<br />based on the Architect's evaluation of the Work as provided in Section 2.6.2 and on the data comprising the
<br />Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the
<br />Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract
<br />Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the
<br />Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to
<br />correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications
<br />expressed by the Architect.
<br />
<br />§ 2.6.3.2 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 suppJiers and other data requested by the Owner to substantiate the Contractor's right to
<br />payment, or (4) ascertained how Qrfor what purpose the Contractor has used money previously paid on account of
<br />the Contract Sum.
<br />
<br />§ 2,6.3.3 The Architect shall maiIltâin a record of the Contractor's Applications for Payment.
<br />
<br />§ 2.6.4 SUBMITTALS
<br />§ 2.6.4.1 The Architect shall 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 shall be
<br />taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor
<br />or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate
<br />review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of
<br />other details such as dimensions and quantities, or for substantiating instructions for installation or performance of
<br />equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract
<br />Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise
<br />specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures, The
<br />Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component.
<br />
<br />§ 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in
<br />accordance with the requirements of the Contract Documents.
<br />
<br />§ 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or
<br />equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify
<br />appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals
<br />
<br />AlA Document B141TM -1997 Part 2. Copyright @ 1917,1926,1948,1951,1953,1958,1961,1963,1966, 1967, 1970, 1974,1977, 1987 and 1997 by The
<br />American Institute of Architects. All rights reserved. WARNiNG: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
<br />Unauthorized reprOdUCtion or distribution Of this AlA'" Document, or any portion of It, may result In severe Civil and criminal penalties, and will be
<br />prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:58:48 on 10/29/2004 under Order
<br />No.1 000091736_1 which expires on 1/12/2005, and is not for resale.
<br />User Notes:
<br />
<br />6
<br />
<br />(3349938724)
<br />
|