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ARTICLE 5 PAYMENTS <br />§ 5.1 Progress Payments <br />§ 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for <br />Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the <br />Contractor as provided below and elsewhere in the Contract Documents. <br />§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the <br />month, or as follows: <br />§ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the fust day of a month, <br />the Owner shall make payment of the amount certified to the Contractor not later than the ISth day of the following <br />month. If an Application for Payment is received by the Architect after the application date fixed above, payment of <br />the amount certified shall be made by the Owner not later than forty five ( 45 ) days after the Architect receives the <br />Application for Payment. <br />(Federal, state or local laws may require payment within a certain period of time) <br />§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor <br />in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the <br />various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to <br />substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing <br />the Contractor's Applications for Payment. <br />§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of <br />the period covered by the Application for Payment. <br />§ 5.1.6 In accordance with AIA Document A201 TM -2017, General Conditions of the Contract for Construction, and <br />subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as <br />follows: <br />§ 5.1.6.1 The amount of each progress payment shall first include: <br />.1 That portion of the Contract Sum properly allocable to completed Work; <br />.2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably <br />stored at tine site for subsequent incorporation in the cornpleted construction, or, if approved in advance <br />by the Owner, suitably stored off the site at a location agreed upon in writing; and <br />.3 That portion of Construction Change Directives that the Architect determines, in the Architect's <br />professional judgment, to be reasonably justified. <br />§ 5.1.6.2 The amount of each progress payment shall then be reduced by: <br />.1 The aggregate of any amounts previously paid by the Owner; <br />.2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously <br />withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; <br />.3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, <br />unless the Work has been performed by Others the Contractor intends to pay; <br />.4 For Work performed or defects discovered since the last payment application, any amount for which <br />the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided <br />in Article 9 of AIA Document A201-2017; and <br />.5 Retainage withheld pursuant to Section 5.1.7. <br />§ 5.1.7 Retainage <br />§ 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the <br />following amount, as retainage, from the payment otherwise due: <br />(Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of <br />retainage may be limited by governing law.) <br />Init. AIA Document A1010— 2017. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The <br />American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are 4 <br />registered trademarks and may not be used without permission. This document was produced by AIA software at 11:09:49 ET on 05106/2021 under Order <br />t No.3054998455 which expires on 0111112022, is not for resale, Is licensed for one-time use only, and may only be used In accordance with the AIA Contract <br />Documents° Terms of Service. To report copyright violations, e-mail copyright@ala.org. <br />User Notes: (1428892535) <br />