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deficiencies in the Work, and (3 ) to determine in general if the Work is being performed in a manner indicating that
<br />the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will
<br />not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work.
<br />The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods,
<br />techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since
<br />these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in
<br />Section 3.3.1.
<br />§ 4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the
<br />requirements of the Contract Documents. The Architect will not have control over or charge of and will not be
<br />responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other
<br />persons or entities performing portions of the Work.
<br />§ 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract
<br />Documents or when direct communications have been specially authorized, the Owner and Contractor shall
<br />endeavor to communicate with each other through the Architect about matters arising out of or relating to the
<br />Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications
<br />by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with
<br />separate contractors shall be through the Owner.
<br />§ 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review
<br />and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.
<br />§ 4.2.6 The Architect will have authority to reject Work that does not conform to the Contract Documents. Whenever
<br />the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of
<br />the Work in accordance with Sections 13.5.2 and 135.3, whether or not such Work is fabricated, installed or
<br />completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or
<br />not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,
<br />Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing
<br />portions of the Work.
<br />§ 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such
<br />as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with
<br />information given and the design concept expressed in the Contract Documents. The Architect's action will be taken
<br />with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or
<br />separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate
<br />review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of
<br />other details such as dimensions and quantities, or for substantiating instructions for installation or performance of
<br />equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract
<br />Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations
<br />under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless
<br />otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or
<br />procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item
<br />is a component.
<br />§ 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor
<br />changes in the Work as provided in Section 7.4.
<br />§ 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date
<br />of final completion, will receive and forward to the Owner, for the Owner's review and records, written warranties
<br />and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate
<br />for Payment upon compliance with the requirements of the Contract Documents.
<br />§ 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in
<br />carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of
<br />such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents.
<br />Init. AIA Document A201 TM —1997. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 198 r7 and 1997 by The American
<br />Institute of Architects. All rights reserved. WARNING: This AIO Document Is protected by U.S. Copyright Law and International Treaties. Unauthorizsd 18
<br />reproduction or distribution of this AIAe Document, or any portion of 1% may result in severe civil and criminal penalties, and will be prosecuted to the
<br />/ maximum extent possible under the law. This document was produced by AIA software at 14:41:00 on 12/10/2008 under Order No.1 0003754551 which
<br />expires on 10,120,12009, and is not for resale.
<br />(3925236195)
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