Question on A201

Building Section Vignette and Multiple Choice

Question on A201

Postby wws341234 » Tue Nov 07, 2017 7:44 pm

In the A201 General Conditions, there is a clause in section 9.6.4 that states "Neither the Owner nor the Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor..", but the subcontractors has the right to the mechanic's lien, so doesn't that put the burden " to see to the payment of money to a Subcontractor" onto the Owner?
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Re: Question on A201

Postby thd7t » Wed Nov 08, 2017 8:03 am

wws341234 wrote:In the A201 General Conditions, there is a clause in section 9.6.4 that states "Neither the Owner nor the Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor..", but the subcontractors has the right to the mechanic's lien, so doesn't that put the burden " to see to the payment of money to a Subcontractor" onto the Owner?

It's not a contractual burden. There is great incentive on the Owner to ensure that the subs are paid, though.
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Re: Question on A201

Postby cma52572 » Thu Nov 23, 2017 2:03 am

I was confused by that as well. But the architect MAY w/hold payment to Contractor if he is informed that the Contractor has not paid his Subs, but I guess he is under no obligation to do so...is my understanding.
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Re: Question on A201

Postby 212tbh » Tue Dec 05, 2017 7:06 pm

I believe you meant the owner can withhold the payment. The owner could also request the contractor to have a Labor/Material Payment Bond
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Re: Question on A201

Postby cma52572 » Wed Dec 20, 2017 7:37 pm

Right I meant Owner, I was thinking Architect is issuing the certificate of payment and he can w/hold that because once he gives the certificate for payment the Owner is then obligated to pay. So it seems like the power really lies with the Architect in that respect.

But the Owner can issue a joint check to the Contractor that requires endorsement by the SubContractor. Thats how I would do it.
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