Pence Kelley- Contract - Laserfiche WebLink

Home Browse Search

material-men's liens submitted to the Contractor at the date of such Apalication for Pavment, that the Contractor has no knowledQe of~ filed mechanics' or materialmen's liens with res ect to the Work, that all due and oavable bills with res ct to the Work have been vaid to date or shall be paid from the proceeds of such Application for Pavment, that there is no known basis for the filinQ of ~ bond claims or mechanics' or materialmen's liens on the Work, and that waivers from all Subcontractors constitute an effective waiver of lien under the laws of the iurisdiction in which the Proiect is located to the extent ofpavments that have been made or are to be made concurrentlv with navmentpursuant to such Application for Pavment. _ No aavment shall be due to the Contractor absent comaliance with this Articte 9.3.1, which comaliance shall be a condition orecedent to Contractor's right to receive payment Upon request bv Owner conies of all Avplications for Pavment shall be submitted bv Contractor d'vectly to Owner's lender for the Proiect• _ The Architect shal! not certifv anv pavment for a aeriod of at least five davs after recei of an Annlication forpavment or if obiected to ~ either the Owner or iu lender, unless the Architect reasonablv believes such obiections to be eroundless. Owner mav withhold vavment of disauted amounts until resolved bv Chan~e Order. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or materiat supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owne~s interest, and shall include app(icable insurance, storage, and transportation to the site for such materiats and equipment stored off the site. 9.3.3 The Contractor warranu that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from tbP Owner shall, te -~He -bes~ ~€ -~e ~~aster's ~, ~€a~+~ ~-~ie~ie~ be free and clear of liens, claims~ security interests or encumbrances favor of the Contractor, Subcontractors, materia( suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Conh~actor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Documenu. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upo~ Substantial Completion, to results of subsequent tests an~ inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the qualiry or quantity of the Worlc, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractors right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect ~~es~e -~e~ ~e -se~ti€~ shall not certi payment and may withhold a Certificate for Payment in whole or in part, to the extent fiiase~ necessary to protect the Owner, if in the Architect's opinion the Owner-Contractor Agreement Ge~eral Conditions Supplement (For AIA Doc. A201) Page - User pocument: A201 -- 12/29/1998. AIA License Number 100632, which expires on 12/7/1999 -- Page~,