init.
only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility
for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in
connection with the Work, nor shall the Architect be responsible for the Construction Manager’s failure to perform
the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the
Architect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for,
acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work.
§ 3.6.2 Evaluations of the Work
§ 3.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of
construction, (1) to become generally familiar with and keep the Owner informed about the progress and quality of
the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work,
and (3) to determine, in general, if the Work is being performed in a manner indicating that the Work, when fully
completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to
make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the
site visits, the Architect shall at least once a month submit a written report to the Owner to keep the Owner
reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner
(1} known deviations from the Contract Documents and from the most recent construction schedule, and (2) defects
and deficiencies observed in the Work.
§ 3.6.2.2 Site visits shall be made by representatives of the Architect and its consultants who are knowledgeable of
the Project requirements and competent in each discipline having work in current progress. These representatives
shall visit the site at intervals to assure conformance with the design shown in the Contract Documents and to
observe, as experienced and qualified design professionals, the progress and quality of the various aspects of the
Construction Manager’s work.
§ 3.6.2.3 The Architect has the authority to reject Work that does not conform to the Contract Documents unless the
Owner decides otherwise. Whenever the Architect considers it necessary or advisable, the Architect shall have the
authority to require mspection or testing of the Work in accordance with the provisions of the Contract Documents,
whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a
decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or
responsibility of the Architect to the Construction Manager, Subcontractors, material and equipment suppliers, their
agents or employees or other persons or entities performing portions of the Work.
§ 3.6.2.4 The Architect shall interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request of either the Owner or Construction Manager. The Architect’s response to
such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
§ 3.6.2.5 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable
from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations
and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Construction
Manager, and shall not show partiality to either. Except in the case of interpretations resulting in omissions, defects
or errors in Instruments of Service, or perpetuating commissions, defects or errors in the Instruments of Service, the
Architect and its consultants shall not be liable for results of interpretations or decisions rendered in good faith. The
Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents.
§ 3.6.3 Certificates for Payment to Construction Manager
§ 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue
certificates in such amounts. The Architect’s certification for payment shall constitute a representation to the Owner,
based on the Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data comprising the
Construction Manager’s 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 is in accordance with the
Contract Documents. The foregoing representations are subject (1) to results of subsequent tests and inspections, (2)
to correction of minor deviations from the Contract Documents prior to completion, and (3) to specific qualifications
expressed by the Architect to the Owner in writing prior to the issuance of a certificate of payment.
&IA Document 8133 ~ 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected
by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA” Document, or any portion of it, may result in 11
severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software
at 09:28:04 on 11/11/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for resale.
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