2020-26 - Approve Design Build of Cove Church

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Builder, Architect, consultants, Contractors, material suppliers, or other persons or entities entitled to make a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 Certificates for Payment The Owner shall, within seven days after receipt of the Design -Builder's Application for Payment, issue to the Design -Builder a Certificate for Payment indicating the amount the Owner determines is properly due, and notify the Design -Builder in writing of the Owner's reasons for withholding certification in whole in part as provided in Section 9.5.1. § 9.5 Decisions to Withhold Certification § 9.5.1 The Owner may withhold a Certificate for Payment in whole or in part to the extent r,'easonably!..necessary to protect the Owner due to the Owner's determination that the Work has not progressed to t 'heoiritnidicated in the I Design -Builder's Application for Payment, or the quality of the Work is not in accordance WH -Build th the Design Documents. If the Owner is unable to certify payment in the amount of the Application, the Pweer will notify the Design -Builder as provided in Section 9.4. If the Design -Builder and Owner cannot agree oil revised amount, the Owner will promptly issue a Certificate for Payment for the amount that the Owner deems to,,.,.be due and owing. The Owner may also withhold a Certificate for Payment or, because of subsequently discovered bvidrice, may nullify the whole or a part of a Certificate for Payment previously issued to such extent as may be repesp.,ry to protect the Owner from loss for which the Design -Builder is responsible because of 13. .1 defective Work, including design and construction,, not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such cl4ims unless security acceptable to the Owner is provided by the Design -Builder; .3 failure of the Design -Builder to make payments properly to the Architect, Consultants, Contractors or others, for services, labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Co,, #tract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time Ancf that the unpaid balance would not be adequate to cover actual or liquidated damages for the an ui,6ip e delay; or .7 repeated failure to carry out the Work in accordance with the Design -Build Do" § 9.5.2 When the above reasons for withholding certification are removed, certification will be niatl for amounts previously withheld. § 9.5.3 If the Owner withholds certification for payment under Section 9.5.1.3, the Owner may, at it§.-:1,..,s.6le option, issue joint checks to the Design -Builder and to the Architect or any Consultants, Contractor, material or equipment suppliers, or other persons or entities providing services or work for the Design -Builder to who m. the-,-::Design-Builder failed to make payment for Work properly performed or material or equipment suitably delivered' § 9.6 Progress Payments § 9.6.1 After the Owner has issued a Certificate for Payment, the Owner shall make payment.., t. manner and within the time provided in the Design -Build Documents. § 9.6.2 The Design -Builder shall pay each Architect, Consultant, Contractor, and other person orJi6 tittyy-providing services or work for the Design -Builder no later than the time period required by applicable haw, but *in no event more than seven days after receipt of payment from the Owner the amount to which the Architect,t, bnsultant) Contractor, and other person or entity providing services or work for the Design -Builder is entitled, reflecting percentages actually retained from payments to the Design -Builder on account of the portion G..f'the :`Work performed by the Architect, Consultant, Contractor, or other person or entity. The Design -Builder shall,, by,zPprbpriate agreement with each Architect, Consultant, Contractor, and other person or entity providing icesor work for the Design -Builder, require each Architect, Consultant, Contractor, and other person or entity providing services or work for the Design -Builder to make payments to subconsultants and subcontractors in a similar manner. of completion § 9.6.3 The Owner will, on request and if practicable, furnish to the Architect, a Consultant, ntracto, p fj aor other person or entity providing services or work for the Design -Builder, information regarding e-nta-g-.E..,�§ I or amounts applied for by the Design -Builder and action taken thereon by the Owner on account of portions of the Work done by such Architect, Consultant, Contractor or other person or entity providing services or work for the Design -Builder. AIA Document A1411 - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, 21 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the 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 not for resale. User Notes: (3B9ADA54)