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§ 8.1.3 The Design -Builder shall proceed expeditiously with adequate forces and shall achieve Substantial
<br />Completion within the Contract Time.
<br />§ 8.2 Delays and Extensions of Time
<br />§ 8.2.1 If the Design -Builder is delayed at any time in the commencement or progress of the Work by an act or
<br />neglect of the Owner or of a consultant or separate contractor employed by the Owner; or by changes ordered in the
<br />Work by the Owner; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties &ies or other causes
<br />beyond the Design -Builder's control; or by delay authorized by the Owner pending mediatidn and binding dispute
<br />resolution or by other causes that the Owner determines may justify delay, then the Contraci Thme shall be extended
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<br />by Change Order for such reasonable time as the Owner may determine.
<br />§ 8.2.2 Claims relating to time shall be made in accordance with applicable provisions of Aft-.16"
<br />§ 8.2.3 This Section 8.2 does not preclude recovery of damages for delay by either party un(*r other provisions of
<br />the Design -Build Documents.
<br />ARTICLE 9 PAYMENT APPLICATIONS AND PROJECT COMPLETION
<br />§ 9.1 Contract Sum
<br />The Contract Sum is stated in the Design -Build Amendment.
<br />§ 9.2 Schedule of Values
<br />Where the Contract Sum is based on a stipulated sum or Guaranteed Maximum Price, the Desig A, -builder, prior to
<br />the first Application for Payment after execution of the Design -Build Amendment shall submit to the 'Owner a
<br />schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form
<br />and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unle§s objected to
<br />by the Owner, shall be used as a basis for reviewing the Design -Builder's Applications for Payment-,:?"' I'
<br />§ 9.3 Applications for Payment
<br />§ 9.3.1 At least ten days before the date established for each progress payment,, the Design-Bililde"',,r'4halI submit to
<br />the Owner an itemized Application for Payment for completed portions of the Work. The application shall be
<br />notarized, if required, and supported by data substantiating the Design -Builder's right to pays , e , ht, a8 the Owner may
<br />require, such as copies of requisitions from the Architect, Consultants, Contractors, and materist"p"pliers, and shall
<br />reflect retainage if provided for in the Design -Build Documents.
<br />§ 9.3.1.1 As provided in Section 6.3.9, Applications for Payment may include requests for payment on account of
<br />changes in the Work that have been properly authorized by Change Directives, or by interim determptions of the
<br />Owner, but not yet included in Change Orders.
<br />§ 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the I oi...'k-l"." f r which the
<br />Design -Builder does not intend to pay the Architect,, Consultant, Contractor, material supplipT, or other persons or
<br />entities providing services or work for the Design -Builder, unless such Work has been perio!Ted by others whom
<br />the Design -Builder intends to pay.
<br />§ 9.3.2 Unless otherwise provided in the Design -Build Documents, payments shall be made for services provided as
<br />well as materials and equipment delivered and suitably stored at the site for subsequent incoif&afl&n**i the Work. If
<br />approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off
<br />the site at a location agreed upon in writing. Payment for materials and equipment stored on or,6]Tfhe site shall be
<br />conditioned upon compliance by the Design -Builder with procedures satisfactory to the Owner, 0esf4blish the
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<br />Owner's title to such materials and equipment or otherwise protect the Owner's interest, and-il'sh" all ificlu-de the costs
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<br />of applicable insurance, storage and transportation to the site for such materials and equipmq'rft stored "'Off the site.
<br />§ 9.3.3 The Design -Builder warrants that title to all Work, other than Instruments of Service yr covered b an
<br />Application for Payment will pass to the Owner no later than the time of payment. The Design-Build0t' further
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<br />warrants that, upon submittal of an Application for Payment, all Work for which Certificate for .Rayy ment have been
<br />previously issued and payments received from the Owner shall, to the best of the Design -Builder's knowledge
<br />information and belief, be free and clear of liens, claims, security interests or encumbrances In favor -6.*:`:f� the Design-
<br />AIA Document A1411 - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA10
<br />Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAP Document,20
<br />or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the
<br />law. This draft was produced by AIA software at 13:59:58 ET on 04/09/2020 under Order No. 3456073873 which expires on 04/04/2021, and is
<br />not for resale.
<br />User Notes: (3B9ADA54)
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