Init.
§ 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 ta the Contractor, for such amount as the Architect determines 15
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 Section 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 evaluation of the Work and the data compnsing the Application for Payment, that, to the best of the
Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of
the Work 1s in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of
the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests
and inspections, to correction of miaor deviations from the Contract Documents pnor 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 quality or quantity of the Work, (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 Contractor's 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 may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to
protect the Owner, ifin the Architect's opinion the representations to the Owner required by Section 9.4 2 cannot be
made. If the Architect is unable to certify paymeut in the amount of the Application, the Architect will notify the
Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree ona revised amount,
the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such
representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently
discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as
may be necessary tn the Architect's opinion ta protect the Owner from loss for which the Contractor is responsible,
including loss resulting from acts and omissions descnbed in Section 3 3.2, because of
F defective Work not remedied;
2 third party claims filed or reasonable evidence indicating probable filmg of such claims unless security
acceptable to the Owner 1s provided by the Contractor,
3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or
equipment,
4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum,
damage to the Owner or a separate contractor,
reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid
balance would not be adequate to cover actual or liquidated damages for the anticipated delay, or
repeated failure to carry out the Work in accordance with the Contract Documents
D> tn 4
§ 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts
previously withheld.
§ 9.5.3 Ifthe Architect withholds certification for payment under Section 9.5 1.3, the Owner may, at its sole option,
issue joint checks to the Contractor and to any Subcontractor or matertal or equipment suppliers to whom the
Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. ff the
Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such
payment on the next Certificate for Payment
§ 9.6 PROGRESS PAYMENTS
§ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and
within the time provided in the Contract Documents, and shall so notify the Architect
§ 9.6.2 The Contractor shall pay cach Subcontractor no later than seven days after receipt of payment from the Owner
the amount to which the Subcontractor 1s entitled, reflecting percentages actually retained from payments to the
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