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AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by
<br />The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA
<br />Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:07:16
<br />PT on 11/02/2022 under Order No.2114266930 which expires on 01/10/2023, is not for resale, is licensed for one-time use only, and may only
<br />be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
<br />User Notes: (1331844453)
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<br />5
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<br />§ 5.1.7.1.1 The following items are not subject to retainage:
<br />(Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.)
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<br />« Washington State and Local Sales Tax »
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<br />§ 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows:
<br />(If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work,
<br />including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert
<br />provisions for such modifications.)
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<br />«N/A »
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<br />§ 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may
<br />submit an Application for Payment that includes the retainage withheld from prior Applications for Payment
<br />pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include
<br />retainage as follows:
<br />(Insert any other conditions for release of retainage upon Substantial Completion.)
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<br />§ 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay
<br />the Contractor any additional amounts in accordance with Article 9 of AI A Document A201–2017.
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<br />§ 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for
<br />materials or equipment which have not been delivered and stored at the site.
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<br />§ 5.2 Final Payment
<br />§ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
<br />Contractor when
<br />.1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct
<br />Work as provided in Article 12 of AIA Document A201–2017, and to satisfy other requirements, if
<br />any, which extend beyond final payment; and
<br />.2 a final Certificate for Payment has been issued by the Architect.
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<br />§ 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the
<br />Architect’s final Certificate for Payment, or as follows:
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<br />«Upon confirmation by the Washington State Department of Revenue and the Washington State D epartment of
<br />Labor and Industries that all amounts due related to this project have been paid in full. »
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<br />§ 5.3 Interest
<br />Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
<br />below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is
<br />located.
<br />(Insert rate of interest agreed upon, if any.)
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<br />«One-Half % Per Month » % «0.5 Per month »
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<br />ARTICLE 6 DISPUTE RESOLUTION
<br />§ 6.1 Initial Decision Maker
<br />The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, unless
<br />the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker.
<br />(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker,
<br />if other than the Architect.)
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