Common use of Evaluations of the Work Clause in Contracts

Evaluations of the Work. § 3.6.2.1 The Engineer and its consultants shall visit the Project site at intervals appropriate to the stage of construction, to become generally familiar with the progress and quality of the portion of the Work completed, to endeavor to guard the Owner against defects and deficiencies in the Work, and to determine if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Engineer Parties shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, and as otherwise or also known to the Engineer, the Engineer shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner in writing (1) known or suspected deviations from the Contract Documents, (2) known or suspected deviations from the most recent construction schedule, (3) known or suspected defects and deficiencies observed in the Work, and (4) known or suspected errors, omissions, or inconsistencies in the Construction Documents. § 3.6.2.2 The Engineer has the authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed, or completed. However, neither this authority of the Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. Engineer shall advise and obtain the consent of Owner prior to rejecting any Work and prior to requiring any inspection or testing of the Work. If Engineer is to observe tests, inspections, or approvals required by the Contract Documents, Engineer will do so promptly and, where applicable, at the place of testing. § 3.6.2.3 The Engineer shall interpret and decide and advise with respect to matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Engineer’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Engineer shall be consistent with the requirements indicated in, or reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Engineer shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Engineer’s decisions on matters relating to aesthetic effect shall be final if approved by Owner and consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in the General Conditions, the Engineer shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.2.6 Unless otherwise approved by Owner in writing, the Engineer Parties shall schedule their site visits to coincide with the Owner, Engineer, and Contractor meetings ("OEC Meetings") and provide written reports in accordance with Section 3.1.8 herein to Owner within seven (7) days of the site visit. In addition to the OEC Meetings, the Engineer and its appropriate consultants shall attend the pre-bid meeting, the pre-construction meeting for the overall Project, the pre-construction meetings for the specific systems or trades, and the inspections of the agencies having authority, and provide the written reports required by Section 3.1.8

Appears in 2 contracts

Sources: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect

Evaluations of the Work. § 3.6.2.1 The Engineer and its consultants Architect, utilizing personnel with expertise in the specific disciplines required, shall visit the Project site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3,but not less than every one (1) two (2) weeks or as otherwise agreed by the Owner and the Architect, to become generally familiar with and observe all reasonably apparent conditions at the site, the progress and quality of the portion of the Work completed, to endeavor to guard the Owner against defects and deficiencies in the Work, and to determine determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. The Architect shall review placement and inspect for damage, quality, assembly, and function in order to determine that all work is furniture, fixtures and equipment (FF&E) are in accordance with the requirements of the Contract Documents to the extent the Architect provided services for specifying, selecting, or procuring this equipment FF&E as part of this Agreement. However, the Engineer Parties Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, and as otherwise or also known to the Engineer, the Engineer Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner in writing writing, (1) known or suspected deviations from the Contract Documents, (2) known or suspected deviations from the most recent construction scheduleschedule submitted by the Contractor, and (3) known or suspected defects and deficiencies observed in the Work, and shall prepare and submit notes from job site observations to the Owner within seven (47) known or suspected errorscalendar days after each site visit. The Architect shall schedule, omissionsattend and chair, or inconsistencies at the request of the Owner, all job meetings, and pre-construction meetings. Job meetings shall be held weekly unless otherwise provided in the Construction Documents.Contract Documents or mutually agreed by the Architect, Owner and Contractor. The Architect shall prepare and distribute minutes of each such meeting to the Owner, Contractor, Clerk of the Works if any, consultants and others as appropriate not later than seven (7) calendar days after the meeting unless mutually agreed otherwise by the Owner and Architect. The Architect shall secure the attendance at job meetings of Architect’s subconsultants and others as appropriate and as reasonably requested by the Owner.. § 3.6.2.2 The Engineer Architect has the authority to reject Work that does not conform to the Contract Documents and shall immediately report such rejection and the reason for the rejection in writing to the Owner. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed, installed or completed. However, neither this authority of the Engineer Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. Engineer shall advise and obtain the consent of Owner prior to rejecting any Work and prior to requiring any inspection or testing of the Work. If Engineer is to observe tests, inspections, or approvals required by the Contract Documents, Engineer will do so promptly and, where applicable, at the place of testing. § 3.6.2.3 The Engineer shall interpret and decide and advise with respect to matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Engineer’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Engineer shall be consistent with the requirements indicated in, or reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Engineer shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Engineer’s decisions on matters relating to aesthetic effect shall be final if approved by Owner and consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in the General Conditions, the Engineer shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.2.6 Unless otherwise approved by Owner in writing, the Engineer Parties shall schedule their site visits to coincide with the Owner, Engineer, and Contractor meetings ("OEC Meetings") and provide written reports in accordance with Section 3.1.8 herein to Owner within seven (7) days of the site visit. In addition to the OEC Meetings, the Engineer and its appropriate consultants shall attend the pre-bid meeting, the pre-construction meeting for the overall Project, the pre-construction meetings for the specific systems or trades, and the inspections of the agencies having authority, and provide the written reports required by Section 3.1.8

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Architect

Evaluations of the Work. § §3.6.2.1 The Engineer and its consultants shall visit the each Project site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, to endeavor to guard the Owner against defects and deficiencies in the Work, and to determine determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Engineer Parties shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, and as otherwise or also known to the Engineer, the Engineer shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner in writing (1) known or suspected deviations from the Contract Documents, (2) known or suspected deviations Documents and from the most recent construction scheduleschedule submitted by the Contractor, and (32) known or suspected defects and deficiencies observed in the Work, and (4) known or suspected errors, omissions, or inconsistencies in the Construction Documents. § §3.6.2.2 The Engineer has the authority to reject Work that does not conform to with the Contract Documents and Documents. Whenever the Engineer considers it necessary or advisable, the Engineer shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the such Work is fabricated, installed, installed or completed. However, neither this authority of the Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, employees or other persons or entities performing portions of the Work. Engineer shall advise and obtain the consent of Owner prior to rejecting any Work and prior to requiring any inspection or testing of the Work. If Engineer is to observe tests, inspections, or approvals required by the Contract Documents, Engineer will do so promptly and, where applicable, at the place of testing. § §3.6.2.3 The Engineer shall interpret and decide and advise with respect to matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Engineer’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § §3.6.2.4 Interpretations and decisions of the Engineer shall be consistent with the requirements indicated in, or intent of and reasonably inferable from, from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Engineer shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Engineer’s decisions on matters relating to aesthetic effect shall be final if approved by Owner and consistent with the intent expressed in the Contract Documents. § §3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in the General Conditions, the Engineer shall render initial decisions on Claims between the Owner and Contractor as provided provide in the Contract Documents. § 3.6.2.6 Unless otherwise approved by Owner in writing, the Engineer Parties shall schedule their site visits to coincide with the Owner, Engineer, and Contractor meetings ("OEC Meetings") and provide written reports in accordance with Section 3.1.8 herein to Owner within seven (7) days of the site visit. In addition to the OEC Meetings, the Engineer and its appropriate consultants shall attend the pre-bid meeting, the pre-construction meeting for the overall Project, the pre-construction meetings for the specific systems or trades, and the inspections of the agencies having authority, and provide the written reports required by Section 3.1.8

Appears in 1 contract

Sources: Agreement for Engineering Services

Evaluations of the Work. § 3.6.2.1 The Engineer Architect and its consultants shall visit the Project site at intervals appropriate to the stage of construction, to become generally familiar with the progress and quality of the portion of the Work completed, to endeavor to guard the Owner against defects and deficiencies in the Work, and to determine if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Engineer Architect Parties shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, and as otherwise or also known to the EngineerArchitect, the Engineer Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner in writing (1) known or suspected deviations from the Contract Documents, (2) known or suspected deviations from the most recent construction schedule, (3) known or suspected defects and deficiencies observed in the Work, and (4) known or suspected errors, omissions, or inconsistencies in the Construction Documents. § 3.6.2.2 The Engineer Architect has the authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed, or completed. However, neither this authority of the Engineer Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. Engineer Architect shall advise and obtain the consent of Owner prior to rejecting any Work and prior to requiring any inspection or testing of the Work. If Engineer Architect is to observe tests, inspections, or approvals required by the Contract Documents, Engineer Architect will do so promptly and, where applicable, at the place of testing. § 3.6.2.3 The Engineer Architect shall interpret and decide and advise with respect to matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The EngineerArchitect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Engineer Architect shall be consistent with the requirements indicated in, or reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Engineer Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The EngineerArchitect’s decisions on matters relating to aesthetic effect shall be final if approved by Owner and consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in the General Conditions, the Engineer Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.2.6 Unless otherwise approved by Owner in writing, the Engineer Architect Parties shall schedule their site visits to coincide with the Owner, EngineerArchitect, and Contractor meetings ("OEC OAC Meetings") and provide written reports in accordance with Section 3.1.8 herein to Owner within seven (7) days of the site visit. In addition to the OEC OAC Meetings, the Engineer Architect and its appropriate consultants shall attend the pre-bid meeting, the pre-construction meeting for the overall Project, the pre-construction meetings for the specific systems or trades, and the inspections of the agencies having authority, and provide the written reports required by Section 3.1.8

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Architect

Evaluations of the Work. § 3.6.2.1 The Engineer and its consultants Architect, utilizing personnel with expertise in the specific disciplines required, shall visit the Project site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3,but not less than every one (1) week or as otherwise agreed by the Owner and the Architect, to become generally familiar with and observe all reasonably apparent conditions at the site, the progress and quality of the portion of the Work completed, to endeavor to guard the Owner against defects and deficiencies in the Work, and to determine determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. The Architect shall review placement and inspect for damage, quality, assembly, and function in order to determine that furniture, fixtures and equipment (FF&E) are in accordance with the requirements of the Contract Documents to the extent the Architect provided services for specifying, selecting, or procuring this FF&E as part of this Agreement. However, the Engineer Parties Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, and as otherwise or also known to the Engineer, the Engineer Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner in writing writing, (1) known or suspected deviations from the Contract Documents, (2) known or suspected deviations from the most recent construction scheduleschedule submitted by the Contractor, and (3) known or suspected defects and deficiencies observed in the Work, and shall prepare and submit notes from job site observations to the Owner within seven (47) known or suspected errorscalendar days after each site visit. The Architect shall schedule, omissionsattend and chair, or inconsistencies at the request of the Owner, all job meetings, and pre-construction meetings. Job meetings shall be held weekly unless otherwise provided in the Construction Documents.Contract Documents or mutually agreed by the Architect, Owner and Contractor. The Architect shall prepare and distribute minutes of each such meeting to the Owner, Contractor, Clerk of the Works if any, consultants and others as appropriate not later than seven (7) calendar days after the meeting unless mutually agreed otherwise by the Owner and Architect. The Architect shall secure the attendance at job meetings of § 3.6.2.2 The Engineer Architect has the authority to reject Work that does not conform to the Contract Documents and shall immediately report such rejection and the reason for the rejection in writing to the Owner. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed, installed or completed. However, neither this authority of the Engineer Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. Engineer . § 3.6.2.2.1 Throughout the Project, the Architect shall advise and obtain monitor the consent of Owner prior to rejecting any Work and prior to requiring any inspection or testing development of the Work. If Engineer is to observe tests, inspections, or approvals required "red lined" as-built documentation prepared by the Contract Documents, Engineer will do so promptly and, where applicable, Contractor. The "red lined" documents shall be maintained by the Contractor at the place Project Site. The Architect will notify the Contractor and Owner in writing, if in the Architect’s professional judgement, the documents are incomplete, inaccurate or the recording is untimely. The Contractor shall provide this documentation to the Architect for the development of testinga record set of drawings as required in Section 2. § 3.6.2.3 The Engineer Architect shall interpret and decide and advise with respect to on matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The EngineerArchitect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Engineer Architect shall be consistent with the requirements indicated inintent of, or and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Engineer Architect shall endeavor to secure faithful performance by both Owner and the Contractor, shall not show partiality to eithereither the Owner or Contractor, and shall not be liable for results of interpretations or decisions rendered in good faith. The EngineerArchitect’s decisions interpretations on matters relating to aesthetic effect shall be final if approved by Owner and consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in the General ConditionsAIA Document A201–2017, the Engineer Architect shall render initial decisions interpretations on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.2.6 Unless otherwise approved by Owner in writing, the Engineer Parties shall schedule their site visits to coincide with the Owner, Engineer, and Contractor meetings ("OEC Meetings") and provide written reports in accordance with Section 3.1.8 herein to Owner within seven (7) days of the site visit. In addition to the OEC Meetings, the Engineer and its appropriate consultants shall attend the pre-bid meeting, the pre-construction meeting for the overall Project, the pre-construction meetings for the specific systems or trades, and the inspections of the agencies having authority, and provide the written reports required by Section 3.1.8

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Architect

Evaluations of the Work. § 3.6.2.1 The Engineer and its consultants Architect shall visit the Project site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, to endeavor to guard the Owner against defects and deficiencies in the Work, and to determine determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Engineer Parties Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, and as otherwise or also known to the Engineer, the Engineer Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner in writing (1) known or suspected deviations from the Contract Documents, (2) known or suspected deviations Documents and from the most recent construction scheduleschedule submitted by the Contractor, and (32) known or suspected defects and deficiencies observed in the Work. Although the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work, and (4) known or suspected errors, omissionsArchitect, or inconsistencies in his representative, shall carefully review the quality and quantity of the Work at least on a weekly basis as part of the ativ per uct an Architect’s Basic Services, shall issue written reports of such review and further shall cond as an additional service hereunder at any other time requested by the Owner. At least once shall conduct project meetings with the Contractor, Subcontractor’s and Owner’s Represent y additional review month, Architect es to address any issues as necessary to insure compliance with the Construction DocumentsDocuments and Project Schedules. Architect will prepare monthly meeting minutes and circulate to Owner’s Representatives, Contractor and other attendees. § 3.6.2.2 The Engineer has Architect shall advise the Owner ofhas the authority to reject Work that does not conform to the Contract Documents and Documents. Whenever the Architect considers it necessary or advisable, the Architect shall reject the Work and/or have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the such Work is fabricated, installed, installed or completed. However, neither this authority of the Engineer Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, employees or other persons or entities performing portions of the Work. Engineer shall advise and obtain the consent of Owner prior to rejecting any Work and prior to requiring any inspection or testing of the Work. If Engineer is to observe tests, inspections, or approvals required by the Contract Documents, Engineer will do so promptly and, where applicable, at the place of testing. § 3.6.2.3 The Engineer Architect shall interpret and decide and advise with respect to matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The EngineerArchitect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Engineer Architect shall be consistent with the requirements indicated in, or intent of and reasonably inferable from, from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Engineer Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The EngineerArchitect’s and Owner’s decisions on matters relating to aesthetic effect shall be final if approved by Owner and consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in the General ConditionsAIA Document A201–2007, the Engineer Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.2.6 Unless otherwise approved by Owner in writing, the Engineer Parties shall schedule their site visits to coincide with the Owner, Engineer, and Contractor meetings ("OEC Meetings") and provide written reports in accordance with Section 3.1.8 herein to Owner within seven (7) days of the site visit. In addition to the OEC Meetings, the Engineer and its appropriate consultants shall attend the pre-bid meeting, the pre-construction meeting for the overall Project, the pre-construction meetings for the specific systems or trades, and the inspections of the agencies having authority, and provide the written reports required by Section 3.1.8

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Architect

Evaluations of the Work. § 3.6.2.1 The Engineer and its consultants shall visit the Project site at intervals appropriate to the stage of construction, to become generally familiar with the progress and quality of the portion of the Work completed, to endeavor to guard the Owner against defects and deficiencies in the Work, and to determine if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Engineer Parties shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, and as otherwise or also known to the Engineer, the Engineer shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner in writing (1) known or suspected deviations from the Contract Documents, (2) known or suspected deviations from the most recent construction schedule, (3) known or suspected defects and deficiencies observed in the Work, and (4) known or suspected errors, omissions, or inconsistencies in the Construction Documents.to § 3.6.2.2 The Engineer has the authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed, or completed. However, neither this authority of the Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. Engineer shall advise and obtain the consent of Owner prior to rejecting any Work and prior to requiring any inspection or testing of the Work. If Engineer is to observe tests, inspections, or approvals required by the Contract Documents, Engineer will do so promptly and, where applicable, at the place of testing. § 3.6.2.3 The Engineer shall interpret and decide and advise with respect to matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Engineer’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Engineer shall be consistent with the requirements indicated in, or reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Engineer shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Engineer’s decisions on matters relating to aesthetic effect shall be final if approved by Owner and consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in the General Conditions, the Engineer shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.2.6 Unless otherwise approved by Owner in writing, the Engineer Parties shall schedule their site visits to coincide with the Owner, Engineer, and Contractor meetings ("OEC Meetings") and provide written reports in accordance with Section 3.1.8 herein to Owner within seven (7) days of the site visit. In addition to the OEC Meetings, the Engineer and its appropriate consultants shall attend the pre-bid meeting, the pre-construction meeting for the overall Project, the pre-construction meetings for the specific systems or trades, and the inspections of the agencies having authority, and provide the written reports required by Section 3.1.8

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Architect

Evaluations of the Work. § 3.6.2.1 The Engineer and its consultants Architect, as representative of the Owner, shall visit the Project site weekly and at other intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, to endeavor to guard the Owner against defects and deficiencies in the Work, and to determine determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. The Architect shall require its consultants to visit the site a minimum of every other week and more frequent visits during critical portions of the work involving areas of work designed of their discipline and attend all required testing of materials or systems designed by Architect’s consultants. The Architect and/or his Consultants shall observe form work, reinforcing and related items prior to every concrete pour and shall remain in attendance to observe commencement of concrete placement operations. Provided the concrete placement operations are proceeding without incident and the Owner’s representative attending the pour specifically concurs, Architect and/or his Consultant may end their attendance at the concrete placement operations. However, the Engineer Parties Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, and as otherwise or also known to the Engineer, the Engineer Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner in writing (1) known or suspected deviations from the Contract Documents, (2) known or suspected deviations Documents and from the most recent construction scheduleschedule submitted by the Contractor, and (32) known or suspected defects and deficiencies observed in the Work, and (4) known or suspected errors, omissions, or inconsistencies in the Construction Documents. § 3.6.2.2 The Engineer Architect has the authority to reject Work that does not conform to the Contract Documents and Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the such Work is fabricated, installed, installed or completed. The Architect will inform the Owner prior to rejecting Work or requiring testing. However, neither this authority of the Engineer Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, employees or other persons or entities performing portions of the Work. Engineer shall advise and obtain the consent of Owner prior to rejecting any Work and prior to requiring any inspection or testing of the Work. If Engineer is to observe tests, inspections, or approvals required by the Contract Documents, Engineer will do so promptly and, where applicable, at the place of testing. § 3.6.2.3 The Engineer Architect shall interpret and decide and advise with respect to matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The EngineerArchitect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Engineer Architect shall be consistent with the requirements indicated in, or intent of and reasonably inferable from, from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Engineer Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The EngineerArchitect’s decisions on matters relating to aesthetic effect shall be final if approved by Owner and consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in the General Conditions, the Engineer The Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.2.6 Unless otherwise approved The Architect shall submit written reports weekly on the progress of the Work, manpower, and quality of the Work. These reports shall detail the dates and times of each site visit by the Architect and or its consultants, weather conditions, areas under construction and other observations made by Architect. Copies of photographs taken shall be included in each report. These reports shall not relieve the Architect of the responsibility to immediately notify the Owner of any material deficiencies in writing, the Engineer Parties shall schedule their site visits Work. The reports will be submitted to coincide with the Owner, Engineer, and Contractor meetings ("OEC Meetings") and provide written reports in accordance with Section 3.1.8 herein to Owner within seven (7) days of the site visit. In addition to the OEC Meetings, the Engineer and its appropriate consultants shall attend the pre-bid meeting, the pre-construction meeting for the overall Project, the pre-construction meetings for the specific systems or trades, and the inspections of the agencies having authority, and provide the written reports required by Section 3.1.8.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Architect