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9.3.2 Unless othenvise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similady be made fur materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon com- pliance by the Contrador with procedures satisEactory to the Owner to establish the Owiier's tiile to such materials and equipment or otherwise protect the Owner's interest, and shall include ihe costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. o IIII o o. c oo.~.oo ~ 0199] A I A 0 AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CON7RACT FOR CONSTRUCTION The American InstiNte of Architects 1135 New York Avenue, N.W. Washington, D.C. 20006-5292 933 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of paymenL The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encum- brances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a daim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Conlractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractoq for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in pazt as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the APPlication for Payment, that the Work has progressed to the point indicated and that, to the best of the ArchitecCs knowledge, information and belief, the quality of the Work is in aaordance with the Contract Documents. The foregoing represertations are subject to an evaluation of the Work for conformance with the Contrazt Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations Erom the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Gertificate for Payment will further constiWte a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (i) made exhaustive or continuous on-site inspedions to check the quality or quantity of the Work, (z) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received kom Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to proted the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4a cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because oF subsequently discovered evidence, may nullify the whole or a part of a Certificate Eor Payment previously issued, to such extent as may be necessary in the ArchitecPs WMNING: Unlicansed photxopying violates U.S. <opyright laws and wlll subje<t rhe violaror to legal prosecurion.