Contractor’s Obligation to Review Project Technical Requirements Clause Samples

Contractor’s Obligation to Review Project Technical Requirements. 3.1.1 Although Owner reviewed Contractor’s Technical Proposal and commented on such during the RFP process, Contractor understands and agrees that: (a) such work was prepared solely by Contractor; and (b) Owner shall not be responsible or liable in any 3.1.2 Except as specifically set forth in this Contract, Owner makes no representation or warranty to Contractor or any other Person and/or Entity that the information contained in the Project Technical Requirements is correct, sufficient, complete or accurate. Contractor shall review all technical specifications and design requirements included in the Project Technical Requirements in order to determine whether such specifications or requirements include any errors, omissions or other deficiencies that would in any manner or to any degree impair the ability of Contractor to complete the Work in accordance with the Contract Documents. Contractor shall promptly notify Owner in writing of any such errors, omissions or deficiencies, which notice shall include a reasonable description of the issue and its likely impact on the performance of the Work. In connection with such notice and subject to Section 3.1.3, Contractor may request an appropriate Change Order, in accordance with the requirements of Articles 13 and 19, that the Contract Price and/or Contract Time(s) be adjusted to compensate Contractor for the effects of any such errors, omissions or deficiencies; provided, however, that Owner reserves all rights to reject this requested Change Order if the error, omission or deficiency should have been discovered by Contractor prior to the Effective Date. The failure of Contractor to provide notice in accordance with this Section 3.1.2 and Articles 13 and 19 (as applicable) shall constitute a waiver of any right to any price, schedule or performance relief associated with any error, omission or deficiency included in the Project Technical Requirements. 3.1.3 Contractor assumes and shall have exclusive responsibility for the efficacy of the Final Plans and Specifications. Accordingly, notwithstanding anything to the contrary in this Contract, in no event shall Contractor be entitled to any price, schedule or performance relief associated with any error, omission or deficiency included in the Final Plans and Specifications.
Contractor’s Obligation to Review Project Technical Requirements 

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  • Suspension of unsafe Construction Works (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians. (ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked. (iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority. (iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.