|
.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
<br />.5 damage to the Owner or a Separate Contractor;
<br />.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid
<br />balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or
<br />.7 repeated failure to carry out the Work in accordance with the Contract Documents.
<br />§ 9.5.2 When either party disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1, in
<br />whole or in part, that party may submit a Claim in accordance with Article 15.
<br />§ 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously
<br />withheld.
<br />§ 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option,
<br />issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make
<br />payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by
<br />joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application
<br />for Payment.
<br />§ 9.6 Progress Payments
<br />§ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and
<br />within the time provided in the Contract Documents, and shall so notify the Architect.
<br />§ 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner,
<br />the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the
<br />Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement
<br />with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner.
<br />§ 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of
<br />completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account
<br />of portions of the Work done by such Subcontractor.
<br />§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid
<br />Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor
<br />fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and
<br />suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation
<br />to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law.
<br />§ 9.6.5 The Contractor's payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2,
<br />9.6.3 and 9.6.4.
<br />§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the
<br />Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
<br />§ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum,
<br />payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be
<br />held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both,
<br />under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require
<br />money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary
<br />liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of
<br />punitive damages against the Contractor for breach of the requirements of this provision.
<br />§ 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall
<br />defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney's fees and
<br />litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any
<br />tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If
<br />approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against
<br />which the lien or other claim for payment has been asserted.
<br />Init. AIA Document A2018— 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The
<br />American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 27
<br />registered trademarks and may not be used without permission. This document was produced by AIA software at 11:53:33 CT on 10/15/2020 under Order
<br />No.6421824392 which expires on 04/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
<br />Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
<br />User Notes: (1263491182)
<br />
|