14.02 Progress Payment
A. Review of Applications.
1. Prior to submittal of Application for Payment to OWNER (but not more often than once a month), the
CONTRACTOR shall submit the monthly progress estimate to the ENGINEER for review and approval.
2. ENGINEER will, within 10 working days after receipt of each progress estimate, either indicate in writing a
recommendation of payment or indicate in writing ENGINEER's reasons for refusing to recommend payment and
retum the progress estimate to CONTRACTOR. In the latter case, CONTRACTOR may make the necessary
corrections and resubmit the Application.
3. ENGINEER's recommendation of any payment requested in a progress estimate will constitute a representation by
ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and
qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying date
and schedules, that to the best of ENGINEER's knowledge, information and belief:
a. The Work has progressed to the point indicated;
b, The quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of
the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests
called for in the Contract documents, to a final determination of quantities and classifications for Unit Price
Work under paragraph 9.08 and to any other qualifications stated in the recommendation); and
c. The conditions precedent to CONTRACTOR's being entitled to such payment appears to have been fulfilled
in so far as it is ENGINEER's responsibility to observe the Work.
4, By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i)
inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive,
extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the
responsibilities specifically assigned to ENGINEER in the Contract Documents; or (i) that there may not be other
matters or issues between the parties that might entitle CONFRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR.
5. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recommending payments nor
ENGINEER's recommendation of any payment, including final payment, will impose responsibility on
ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's
failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work.
Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any
examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the
Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free
and clear of any Liens.
6. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make the representations to OWNER referred to in paragraph 14.02.B.2. ENGINEER may
also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of
subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such
extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because:
a. The Work is defective, or completed Work has been damaged, requiring correction or replacement;
b. The Contract Price has been reduced by Written Amendment or Change Orders;
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