Common use of Evaluations of the Work Clause in Contracts

Evaluations of the Work. 2.6.2.1 The Design Consultant shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Design Consultant, (1) to observe all reasonably apparent conditions at the site and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Design Consultant shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Design Consultant shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. The Design Consultant shall prepare and submit notes of its observations to the Owner within five days after each site visit. The Design Consultant shall schedule, attend and chair all job meetings, which shall be held weekly unless otherwise provided in the Contract Documents or mutually agreed by the Design Consultant, Owner and Contractor, and shall prepare and distribute minutes of each such meeting to the Owner, Contractor, Clerk of the Works if any, design consultants and others as appropriate not later than five days after the meeting. The Design Consultant shall secure the attendance at job meetings of Design Consultant's sub-design consultants and others as appropriate and as reasonably requested by the Owner. 2.6.2.2 The Design Consultant shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Design Consultant shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Design Consultant shall be responsible for the Design Consultant's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 2.6.2.3 The Design Consultant shall at all times have access to the Work wherever it is in preparation or progress. 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Design Consultant about matters arising out of or relating to the Contract Documents. Communications by and with the Design Consultant's design consultants shall be through the Design Consultant. Communications by and with the Owner's design consultants and separate contractors shall be through the Owner. 2.6.2.5 The Design Consultant shall have authority to reject work that does not conform to the Contract Documents. Whenever the Design Consultant considers it necessary or advisable, the Design Consultant will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Consultant 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 Design Consultant to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work.