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8.1. SR 09-21-2020
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8.1. SR 09-21-2020
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§ 11.1.8.1.1 The following items are not subject to retainage: <br />(Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) <br />§ 11.1.8.2 Reduction or limitation of retainage, if any, shall be as follows: <br />(If the retainage established in Section 11.1.8.1 is to be modified prior to Substantial Completion of the entire Work, <br />insert provisions for such modification.) <br />§ 11.1.8.3 Except asset forth in this Section 11.1.8.3, upon Substantial Completion of the Work, the Construction <br />Manager may submit an Application for Payment that includes the retainage withheld from prior Applications for <br />Payment pursuant to this Section 11.1.8. The Application for Payment submitted at Substantial Completion shall not <br />include retainage as follows: <br />(Insert any other conditions for release of retainage, such as upon completion of the Owner's audit and reconciliation, <br />upon Substantial Completion.) <br />§ 11.1.9 If final completion of the Work is materially delayed through no fault of the Construction Manager, the Owner <br />shall pay the Construction Manager any additional amounts in accordance with Article 9 of AIA Document A201-2017. <br />§ 11.1.10 Except with the Owner's prior written approval, the Construction Manager shall not make advance payments <br />to suppliers for materials or equipment which have not been delivered and suitably stored at the site. <br />§ 11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable procedureforreview and <br />approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts. <br />§ 11.1.12 In taking action on the Construction Manager's Applications for Payment the Architect shall be entitled to rely <br />on the accuracy and completeness of the information furnished by the Construction Manager, and such action shall not <br />be deemed to be a representation that (1) the Architect has made a detailed examination, audit, or arithmetic <br />verification, of the documentation submitted in accordance with Section 11.1.4 or other supporting data, (2) that the <br />Architect has made exhaustive or continuous on -site inspections; or (3) that the Architect has made examinations to <br />ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the <br />Contract. Such examinations, audits, and verifications, if required by the Owner, will be performed by the Owner's <br />auditors acting in the sole interest of the Owner. <br />§ 11.2 Final Payment <br />§ 11.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the <br />Construction Manager when <br />.1 the Construction Manager has fully performed the Contract, except for the Construction Manager's <br />responsibility to correct Work as provided in Article 12 of AIA Document A201-2017, and to satisfy <br />other requirements, if any, which extend beyond final payment; <br />.2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final <br />Application for Payment; and <br />.3 a final Certificate for Payment has been issued by the Architect in accordance with Section 11.2.2.2. <br />AIA Do—ent A133' - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The <br />"AmC+rt car it stn at' of 1ich to ts,' `AIA,' the AIA Logo, and `AIA Contract Docin-rit are registered tr dema ks and may not b ased 18 <br />without �� rm Ls,ion. This draft was produced by AIA software at 13:58:42 ET on 06/29/2020 under Order No.2067434383 which expires on <br />04/02/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms <br />of Service. To report copyright violations, e-mail copyright@aia.org. <br />User Notes: (1834312825) <br />
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