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.
§ 3.6.2.3 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 redsonable promptness.
§ 3.6.2.4 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 "7
and decisions, the Architect shall endeavor to secure faithful performance by both Owner ahd Gonstructiqn——--—-.mea-nnnen
Manager, shall not show partiality to either, and shall not be liable for results of interpretattonsior decisions rendered
in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be finalfif consistent with the
intent expressed in the Contract Documents.
§ 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as attthitial Decision
Maker, as that term is defined in AIA Document A201-2007, the Architect shall render initial decisions dn Claims
between the Owner and Construction Manager as provided in the Contract Documents.
§ 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and Shall issu
certificates in such amounts. The Architect’s certification for payment shall constitute a representation tothe werner
based on the Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data. comprising the anal
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
: : a
Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance” .
with the Contract Documents upon Substantial Compietion, (2) to results of subsequent tests and inspections; (3) to
correction of minor deviations from the Contract Documents prior to completion, and (4) to specifietfalifications{
expressed by the Architect. ee
aa
§ 3.6.3 Certificates for Payment to Construction Manager |
he,
‘
§ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the arcbitei (Tymade
exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) revieWed.constrictio’
means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Me 2
Subcontractors and material suppliers and other data requested by the Owner to substantiate the Construction “
Manager’s right to payment, or (4) ascertained how or for what purpose the Construction Manager has used money
previously paid on account of the Contract Sum. ae
f \ OA
§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. > V a
§ 3.6.4 Submittals ; ( \ hon
§ 3.6.4.1 The Architect shall review the Construction Manager’s submittal schedule and shal not unreasonably delay
or withhold approval. The Architect’s action in reviewing submittals shall be taken in accoydarice with thd approved
submittal schedule or, in the absence of an approved submittal schedule, with reasonable pfompiness_ whill allowing
sufficient time in the Architect’s professional judgment to permit adequate review.
§ 3.6.4.2 In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or
take other appropriate action upon the Construction Manager’s submittals such as Shop Drawings, Product-Data-and
Samples, but only for the limited purpose of checking for conformance with information given i te cesign
concept expressed in the Contract Documents. Review of such submittals is not for the purpose parma thes
accuracy and completeness of other information such as dimensions, quantities, and installafion 6r performance of
equipment or systems, which are the Construction Manager’s responsibility. The Architect's review shall not
constitute approval of safety precautions or, unless otherwise specifically stated by the Archite¢t, of any construction
means, methods, techniques, sequences or procedures. The Architect’s approval of a specifjc item shall not indicate
approval of an assembly of which the item is a component. i
§ 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide-professional.design
services or certifications by a design professional related to systems, materials or equipment, the Architect shall
ALA Doctment B133™— 2014. Copyright @ 2014 by The American Institute of Architects. All rights xesexved. WARNING: This ALA’ Document is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction of distribution of this AIA” Document, or any
portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximun extent possible under the law. 10
This draft was produced by AIA software at 12:43:58 on 07/15/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for
resale.
User Notes: (1146770772)
