|
s 9.6 PROGRESS PAYMENTS
<br />$ g.O.t After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and
<br />within the time provided in the Contract Documents, and shall so notiff the Architect.
<br />S 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the
<br />Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to
<br />the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate
<br />agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar
<br />manner.
<br />S 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages
<br />of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on
<br />account of portions of the Work done by such Subcontractor.
<br />S 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly
<br />paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for
<br />iubcontracted Work. If the Contractor fails to fumish such evidence within seven days, the Owner shall have the
<br />right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect
<br />shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be
<br />required by law.
<br />S 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that
<br />provided in Sections 9.6.2,9.6.3 and9.6,4.
<br />S 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occtlpancy of the Project by the
<br />Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
<br />S 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum,
<br />payments received by the Contractor for Work properly performed by Subconhactors and suppliers shall be held by
<br />ihe Contractor for those Subcontractors or suppliers who performed Work or fumished materials, or both, under
<br />contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require
<br />money to be placed in a separate account and not commingled with money of the Conhactor, shall create any
<br />fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entify
<br />to an award of punitive damages against the Contractor for breach of the requirements of this provision.
<br />$ 9.7 FATLURE OF PAYMENT
<br />If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after
<br />receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days
<br />after the date established in the Contract Documents the amount certified by the Architect or awarded by binding
<br />dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect,
<br />stop the Work until payment of the amount owing has been received. The Contract Time shall be extended
<br />appropriately and the Contract Sum shall be increased by the amount ofthe Contractor's reasonable costs ofshut-
<br />down, delay and start-up, plus interest as provided for in the Contract Documents-
<br />s 9.8 SUBSTANTIAL COMPLETION
<br />5 g.A.t Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
<br />is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
<br />Work for its intended use.
<br />$ 9.8,2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept
<br />separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of
<br />items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the
<br />responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
<br />$ 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or
<br />designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not
<br />included on the Contractor's list, which is not sufficiently complete in accordance with the Conhact Documents so
<br />that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor
<br />AIA Document A2OI - 2001. Copyright @ 1911, 1915. f918, 1925, 1931, 1951., 1958, L961, r9A' 1966, l'9-70, I9'16' 7981, L
<br />rights reserved. "The American InstiLute of Architects," "Anerican Inst.itute of ArchitecLs." "AIA," the AIA Logo, and
<br />Documents,, are trademarks of The American Institute of Architects. This drafL was produced at 09:51:3? Pa on 05/13/20
<br />I.to.4104243047 which expires o^ 06/lo/2024t is not for resale, is licensed for one-time use only, and may only be used in accordance with
<br />the AIA Contract Documentso Terms of Service. To report copyright violations, e-mail docinfoGaiacontracts.com'
<br />user NoEes: (116491501?)
<br />99? and 2007. All-
<br />"AfA Contract
<br />24 under order 25
|