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AIA Document B103™ – 2017. Copyright © 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute
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<br />User Notes: (963532884)
<br />10
<br />§ 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
<br />required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work
<br />completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the
<br />Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not
<br />be required to make exhaustive or continuous on-site observations to check the quality or quantity of the Work. On
<br />the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of
<br />the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract
<br />Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3)
<br />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
<br />testing of the Work in accordance with the provisions of the Contract Documents, whether or not the 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, suppliers, their agents or employees, or other persons or entities performing portions of
<br />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 making such interpretations
<br />and decisions, the Architect shall endeavor to secure faithful 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 an Initial Decision Maker, as that
<br />term is defined in AIA Document A201–2017, the Architect shall render initial decisions on Claims between the
<br />Owner and 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 recommend the amounts due the Contractor and shall issue certificates in
<br />such amounts. The Architect’s review (on AIA Document G702 form) for payment shall constitute a representation
<br />to the Owner, based on the Architect’s evaluation of the uncovered Work as provided in Section 3.6.2 and on the
<br />data comprising the Contractor’s Application for Payment, that, to the best of the Architect’s knowledge,
<br />information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with
<br />the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing
<br />representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon
<br />Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the
<br />Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect.
<br />§ 3.6.3.2 The recommendation as to Payment shall not be a representation that the Architect has (1) made exhaustive
<br />or continuous on-site observations to check the quality or quantity of the Work, (2) reviewed construction means,
<br />methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and
<br />suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained
<br />how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
<br />§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
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