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<br />2.6.4 The Architect shall be a representative of and shall advise
<br />and consult with the Owner (1) during construction until final
<br />payment to the Contractor is due, and (2) as an Additional Ser-
<br />vice at the Owner's direction from time to time during the cor-
<br />rection period described in the Contract for Construction. The
<br />Architect shall have authority to act on behalf of the Owner
<br />only to the extent provided in this Agreement unless otherwise
<br />modified by written instrument.
<br />2.6.5 The Architect shall visit the site at intervals appropriate
<br />to the stage of construction or as otherwise agreed by the
<br />Owner and Architect in writing to become generally familiar
<br />with the progress and quality of the Work completed and to
<br />determine in general if the Work is being performed in a man-
<br />ner indicating that the Work when completed will be in accor-
<br />dance with the Contract Documents. However, the Architect
<br />shall not be required to make exhaustive or continuous on-site
<br />inspections to check the quality or quantity of the Work. On
<br />the basis of on-site observations as an architect, the Architect
<br />shall keep the Owner informed of the progress and quality of
<br />the Work, and shall endeavor to guard the Owner against
<br />defects and deficiencies in the Work. (More extensive site
<br />representation may be agreed to as an Additional Service, as
<br />described in Paragraph 3.2.)
<br />2.6.6 The Architect shall not have control over or charge of
<br />and shall not be responsible for construction means, methods,
<br />techniques, sequences or procedures, or for safety precautions
<br />and programs in connection with the Work, since these are
<br />solely the Contractor's responsibility under the Contract for
<br />Construction. The Architect shall not be responsible for the
<br />Contractor's schedules or failure to carry out the Work in accor-
<br />dance with the Contract Documents. The Architect shall not
<br />have control over or charge of acts or omissions of the Contrac-
<br />tor, Subcontractors, or their agents or employees, or of any
<br />other persons performing portions of the Work.
<br />2.6.7 The Architect shall at all times have access to the Work
<br />wherever it is in preparation or progress.
<br />2.6.9 Except as may otherwise be provided in the Contract
<br />Documents or when direct communications have been spe-
<br />cialty authorized, the Owner and Contractor shall communicate
<br />through the Architect. Communications Uy and with the Archi-
<br />tect's consultants shall be through the Architect.
<br />2.6.9 Based on the Architect's obsenations and evaluations of
<br />the Contractor's Applications for Payment, the Archirect shall
<br />review and certify the amounts due the Contractor.
<br />2.6.10 The Architect's certification for payment shall consti-
<br />tute a representation to the Owner, based on the Architect's
<br />observations at the site as provided in tiubparagraph 2.6.5 ancl
<br />on the data comprising the Contractor's Aoplication for Pay-
<br />ment, that the W'ork has progressed to the point indicated and
<br />tliac, to the best of the Architect's knvwledge, information and
<br />belief, qualiny of the AC'ork is in accordancc with the Contract
<br />Documents. The foregoing representatiotls are subject to an
<br />evaluation of the Work for conformance with die Contract
<br />Documents upon Substantial Campletion, to resiilts of subse-
<br />quent tests and inspections, to minor deviations frimi the Con-
<br />tract De>cuments correctable prior to cumpletie>n and to spe-
<br />cific qualifications expressed by the: Architect. The issuance of a
<br />Certificate for Yayment shall further constitute :t representation
<br />that the Contractor is entitled t<> payment in the amc>unt certi-
<br />fied. Honevcr, thc issuance of a Ccrtificatc fror Pavment shall
<br />not be a representation that the Architcct has (1) made exhaus-
<br />tive or continu<>us 011-5s1e inspcctions to chcck the yualitv or
<br />0
<br />quantity of the Work, (2) reviewed construction means, me[h-
<br />ods, techniques, sequences or procedures, (3) reviewed copies
<br />of requisitions received from Subcontractors and material sup-
<br />pliers and other data requested by the Owner to substantiate
<br />the Contractor's right to payment or (4) ascertained how or for
<br />what purpose the Concractor has used money previously paid
<br />on account of the Contract Sum.
<br />2.6.11 The Architect shall have authority to reject Work which
<br />does not conform to the Contract Documents. Whenever the
<br />Architect considers it necessary or advisable for implementa-
<br />tion of the intent of the Contract Documents, the Architect will
<br />have authority to require additional inspection or testing of the
<br />Work in accordance with the provisions of the Contract Docu-
<br />ments, whether or not such Work is fabricated, installed or
<br />completed. However, neither this authority of the Architect nor
<br />a decision made in good faith either to exercise or not to exer-
<br />cise such authority shall give rise to a duty or responsibility of
<br />the Architect to the Contractor, Subcontractors, material and
<br />equipment suppliers, their agents or employees or other per-
<br />sons performing portions of the Work.
<br />2.6.12 The Archirect shall review and approve or take other
<br />appropriate action upon Contraccor's submittals such as Shop
<br />Drawings, Product Data and Samples, but onty for the limited
<br />purpose of checking for conformance with information given
<br />and the design concept expressed in the Contract Documents.
<br />The Architect's action shall be taken with such reasonable
<br />prompmess as to cause no delay in the Work or in the con-
<br />struction of the Owner or of separate contractors, while allow-
<br />ing sufficient time in the Architect's professional judgment to
<br />permit adequate review. Review of such submittals is not con-
<br />ducted for the purpose of determining the accuracy and com-
<br />pleteness of other details such as dimensions and quantities or
<br />for substantiating instructions for installation or performance of
<br />equipment or systems designed b}l the Contractor, all of which
<br />remain the responsibility of the Contractor to the estent
<br />required by the Contract Documents. The Architect's review
<br />shall not constitute approval of safety precautions or, unless
<br />otherwise specifically stated by the Architect, of construccion
<br />means, methods, rechniques, seyuences or procedures. The
<br />Archirect's approval of a specific item shall not indicate
<br />approval of an assembly of which the item is a component.
<br />When professional certification of performance characteristics
<br />of marerials, systems or equipment is reyuired by the Contract
<br />Documents, the Archirect shall be entiticd to rely upon such
<br />certification to establish that the ma[erials, systems or equip-
<br />ment will meet the perfurmance criteria reyuired by the Con-
<br />tract Documen[s.
<br />2.6.13 The Archirect shall prepare Change Orders and Con-
<br />struction Change Directives, with supporting documentation
<br />and data if deemed necessary by the rlydiitect as provided in
<br />Subparagraphs 3.1.1 and 3.3.3, fbr the Owner's approvail and
<br />execution in accordance with the Contract Doctmients, and
<br />may authorize minor changes in the Work not invoh•ing an
<br />adjustment in the Contract Sum or an extension of the Contract
<br />Time which are not inconsis[ent with the intent of the Contract
<br />Documents.
<br />2.6.14 The Architect shall coneiuct inspections to determine
<br />the date or dates of Substantiai Complctic>n and the dare of final
<br />conlplctic>n. shall rcceive and forwaru to the O-mner for the
<br />Owner's review° and recorcls writte? -,varranties and relatcd
<br />ducuments required by the Contract Documcnts and a,scm-
<br />bied bv the Ce>ntractoc :ind shall iS,ue a final Certificate f-or Yay-
<br />ment upon compliance vvi[h the reyuirements of the Contract
<br />Documencs.
<br />AIA DOCUMENT 8141 • OWNER-ARCHITECi AGREEDIENI' • FOL'RTEEnTH F,DITION • AIA-' • b%198,
<br />3 Bl 41-1987 THFi AMF.RICAN INS'I'ITUTE OF ARCHITF.CTS, 1735 N1:W YORK AVENUE, N W'., WASHINGTON, D.C. 20006
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