Section 11.7 Certification of Payment Liability

• Library: Construction Law 2016 Supp

C. (§11.7) Certification of Payment Liability

The question may arise whether an architect can be liable for damages arising from the certification of payments to a contractor. Liability to the owner of a project is generally an issue to be determined by the contract for services. American Institute of Architects (AIA) Document B141-1997, Standard Form of Agreement Between Owner and Architect with Standard Form of Architect’s Services art. 2.6.3 (15^th ed. 1997), addresses this issue. Under Article 2.6.3, an architect’s certification of payment constitutes a representation that the contractor is entitled to payment in the amount certified. Conversely, certification of payment is not a representation that the design professional:

? made exhaustive or continuous on-site inspections to check the quality or quantity of work;

? reviewed construction means, methods,

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