Common use of PERFORMANCE OF THE SERVICES AND Clause in Contracts

PERFORMANCE OF THE SERVICES AND. EXECUTION OF THE WORK GC 3.1 CONTROL OF THE WORK 3.1.3 The Construction Manager warrants and represents that it possesses and will apply all the skill, expertise and experience normally required in the performance of the Work and Services, and will ensure that the Work is performed in a good, proper and workmanlike manner. If, in the opinion of the Consultant or the Owner, the Construction Manager makes use of methods or appliances which will not permit the proper execution of the Work or employs inefficient or insufficient labour which will not permit the proper execution of the Work within the Contract Time, the Consultant or the Owner may notify the Construction Manager to improve its construction methods whereupon the Construction Manager will comply without delay with such notification and will not be entitled to claim additional compensation or extension of the Contract Time as a result of such improvement in construction methods. If the Construction Manager refuses or neglects to comply with such notification within 5 Working Days of receipt of the notification such refusal or neglect will be deemed to be a default by the Construction Manager with respect to its contractual obligations under the Contract. If the Owner approves or suggests any construction means, methods, techniques, sequences or procedures, it will be considered to mean only that no objection is taken thereto by the Owner and the adoption thereof, in whole or part, by the Construction Manager shall be at the full risk and responsibility of the Construction Manager. 3.1.4 The Construction Manger agrees to allocate only those key personnel proposed in writing, for the roles of Site Supervisor, Project Coordinator and Project Manager, or, any other key personnel specified, and accepted by the Owner with the acceptance of the tender or on entering into this Contract. Any changes to key personnel must be proposed in writing and approved by the Owner”