Skip to main content

Main navigation

  • Documents
  • Search

User account menu

  • Log in
Home
Nashua City Data

Breadcrumb

  1. Home
  2. Finance Committee - Agenda - 1/16/2019 - P61

Finance Committee - Agenda - 1/16/2019 - P61

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 01/11/2019 - 11:58
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/16/2019 - 00:00
Page Number
61
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__011620…

testing of the Work in accordance with the provisions of the Contract Documents, whether or not the 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
Contractor, Subcontractors, 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 Contractor. The Architect’s response to such requests
shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.

§ 3.6.2.4 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
and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not
show partiality to either, and 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.

§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that
term is defined in AIA Document A201—2017, the Architect shall render initial decisions on Claims between the
Owner and Contractor as provided in the Contract Documents.

§ 3.6.3 Certificates for Payment to Contractor

§ 3.6.3.1 The Architect shall review and certify the amounts due the Contractor 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 Contractor’s
Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has
progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the
Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an
evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of
subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to
completion, and (4) specific qualifications expressed by the Architect.

§ 3.6.3.2 The issuance of a Certificate for Payment shall 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 suppliers and other data requested by the Owner to substantiate the Contractor’s right to
payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of
the Contract Sum.

§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.

§ 3.6.4 Submittals

§ 3.6.4.1 The Architect shall review the Contractor’s submittal schedule and shall not unreasonably delay or withhold
approval of the schedule. The Architect’s action in reviewing submittals shall be taken in accordance with the
approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while
allowing sufficient time, in the Architect’s professional judgment, to permit adequate review.

§ 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor’s submittals
such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance
with information given and the design concept expressed in the Contract Documents. Review of such submittals is
not for the purpose of determining the accuracy and completeness of other information such as dimensions,
quantities, and installation or performance of equipment or systems, which are the Contractor’s responsibility. The
Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques,

Error! Unknown document property name. (10998199393)

Page Image
Finance Committee - Agenda - 1/16/2019 - P61

Footer menu

  • Contact