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contractors or any other persons performing any of the necessary or advisable for the implementation of the intent
<br />Work, or for the failure of any of them to carry out the of the Contract Documents, the Architect will have author-
<br />Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in
<br />1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu-
<br /> ments, whether or not such Work be then fabricated, in-
<br />Work wherever it is in preparation or progress. stalled or completed.
<br />1.5.7 The Architect shall determine the amounts owing 1.5.13 The Architect shall review and approve or take
<br />to the Contractor based on observations at the site and on
<br />evaluations of the Contractor's Applications for Payment, other appropriate action upon the Contractor's submittals
<br /> such as Shop Drawings, Product Data and Samples, but
<br />and shall issue Certificates for Payment in such amounts, only for conformance with the design concept of the
<br />as provided in the Contract Documents. Work and with the information given in the Contract
<br />1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable
<br />constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap-
<br />based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an
<br />vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component.
<br />the Contractor's Application for Payment, that the Work 1.5.14 The Architect shall prepare Change Orders for
<br />has progressed to the point indicated; that, to the best of the Owner's approval and execution in accordance with
<br />the Architect's knowledge, information and belief, the qual- the Contract Documents, and shall have authority to order
<br />it,/' of the' Work is in accordance with the Contract Docu- minor changes in the Work not involving an adjt~stment
<br />ments (subject to an evaluation of the Work for con- in the Contract Sum or an extension of the Contract Time
<br />formance with the Contract Documents upon Substantial which are not inconsistent with the intent of the Contract
<br />Completion, to the results of any subsequent tests re-
<br /> Documents.
<br />quired by or performed under the Contract Documents,
<br />to minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter-
<br />rectabie prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and final com-
<br />tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the
<br />Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents
<br />However, the issuance of a Certificate for Payment shall required by the Contract DocUments and assembled by
<br />not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay-
<br />examination to ascertain how and for what purpose the ment.
<br />Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim-
<br />Contract Sum. itations of authority of the Architect as the Owner's rep-
<br />1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or
<br />quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con-
<br />the performance thereunder by both the Owner and tractor and the Architect.
<br />Contractor. The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
<br />essary for the proper execution or progress of the Work
<br />with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex-
<br />the Owner or the Contractor, and shall render written de- tensive representation at the site than is described in
<br />cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shah be provided, the Architect shall pro-
<br />and other matters in question between the Owner and the vide one or more Project Representatives to assist the
<br />Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site.
<br />Work or the interpretation of the Contract Documents. 1.6.:2 Such Project Representatives shall be selected, em-
<br />1..~.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect
<br />be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be-
<br />from the Contract Documents and shal] be in written or tween the Owner and the Architect as set forth in an ex-
<br />graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe
<br />the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of
<br />ance by both the Owner and the Contractor, shall not such Project Representatives.
<br />show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre-
<br />result of any interpretation or decision rendered in goc~d sentatives, the Architect shall endeavor to provide further
<br />faith in such capacity. protection for the Owner against defects and deficiencies
<br />1.5.11 The Architect's decisions in matters relating to in the Work, but the furnishing of such project representa-
<br />artistic effect shall be final if consistent with the inten't of tion shall not modify the rights, responsibilities or obliga-
<br />the Contract Documents. The Architect's decisions on tions of the Architect as described in Paragraph 1.5.
<br />any other claims, disputes or other matters, including 1.7 ADDll'IONALSERVICES
<br />those in question between the Owner and the Contractor, The following Services are not included in Basic
<br />shall be subject to arbitration as provided in this Agree- Services unless so identified in Article 15. They shall
<br />ment and in the Contract Documents. be provided if authorized or confirmed in writing by
<br />1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner
<br />which does not conform to the Contract Documents. as provided in this Agreement, in addition to the
<br />Whenever, in the Architect's reasonable opinion, it is compensation for Basic Services.
<br />
<br /> AIA DOCUMENT B141 * OV,,'NER-ARCH~TECI AGRE['~.~[ '..r · THIRTEE'-.TH EDITION · JUL'~ 1977 · AlAS .. @ 1977
<br /> 4 B141-1977 THE AMERICA'-. INS~I1UTE OF ,.\RCHi~ECTS, 173~. NE\\' YORK AVENUE, N,VV, %.VASHINGTON, D.C. 20006
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