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<br />~ 2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor
<br />under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The
<br />Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with
<br />reasonable promptness.
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<br />~ 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable
<br />from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations
<br />and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor,
<br />shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in
<br />good faith.
<br />
<br />~ 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the
<br />Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters
<br />relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents.
<br />
<br />~ 2.6.2 EVALUATIONS OF THE WORK
<br />~ 2.6.2.1 The Architect; as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the
<br />Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become
<br />generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work
<br />completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in
<br />general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in
<br />accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or
<br />continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control
<br />over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or
<br />for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and
<br />responsibilities under the Contract Documents.
<br />
<br />~ 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most
<br />recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the
<br />Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The
<br />Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or
<br />charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
<br />employees, or of any other persons or entities performing portions of the Work.
<br />
<br />~ 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress.
<br />
<br />~ 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially
<br />authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters
<br />arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall
<br />be through the Architect.
<br />
<br />~ 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents.
<br />Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or
<br />testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is
<br />fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith
<br />either to exercise or not to exercise such authority shall gi ve rise to a duty or responsibility of the Architect to the
<br />Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities
<br />performing portions of the Work.
<br />
<br />~ 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR
<br />~ 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for
<br />Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner,
<br />based on the Architect's evaluation of the Work as provided in Section 2.6.2 and on the data comprising the
<br />Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the
<br />Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract
<br />
<br />AlA Document B141T11-1997 Part 2. Copyright @ 1917,1926,1948,1951,1953,1958,1961,1963,1966, 1967, 1970, 1974,1977,1987 and 1997 by The
<br />American Institute of Architects. All rights reserved. WARNING: This AIA@ Document is protected by U.S. Copyright Law and International Treatles. 6
<br />Unauthorized reproduction or distribution of this AlAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be
<br />prosecuted to the maximum extent possible under the Jaw. This document was produced by AlA software at 16:04:21 on 03115/2006 under Order
<br />No.1000195323_9 which expires on 9/8/2006, and is not for resale.
<br />User Notes: (1950708717)
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