Common use of Project Superintendent Clause in Contracts

Project Superintendent. At all times (when performing Work at the Project Site) and in any event and from and after the Commencement Date, Contractor shall keep at the Project Site during the progress of the construction aspects of the Work a competent project superintendent (the “Project Superintendent”), who shall not be replaced without the prior written concurrence by Owner. The Project Superintendent shall be solely dedicated to the performance of the Work. The Project Superintendent shall be Contractor’s representative at the Project Site and shall have authority to act on behalf of and bind Contractor with respect to day-to-day decisions in the ordinary course of business; provided, however, that the Project Superintendent has no authority to execute a Change Order or amend this Agreement. Further, the Project Superintendent shall be responsible for furnishing information on a timely basis as reasonably requested by Owner, shall have the authority to agree upon procedures for coordinating Contractor’s efforts with those of Owner, and shall be present or duly represented at the Project Site at all times when the Work is being performed. Owner may rely upon the actions of the Project Superintendent taken within the authority set forth in this Section 2.2.3. Any communication (including a Notice) given to the Project Superintendent will be deemed to be given to Contractor.

Appears in 2 contracts

Sources: Engineering, Procurement and Construction Agreement (Ada-Es Inc), Engineering, Procurement and Construction Agreement (Ada-Es Inc)