Responsibility for Design Sample Clauses
The "Responsibility for Design" clause defines which party is accountable for the adequacy, accuracy, and compliance of the project's design with relevant standards and requirements. Typically, this clause specifies whether the client, contractor, or a third-party designer is responsible for preparing and approving design documents, and may outline procedures for reviewing or modifying the design during the project. Its core function is to allocate risk and clarify obligations, ensuring that any design errors or omissions are addressed by the responsible party, thereby reducing disputes and promoting project quality.
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Responsibility for Design a. It is understood and agreed that this Agreement includes design services. The Private Entity agrees not to assign or transfer any of Private Entity’s interests in this Agreement. The Private Entity agrees not to transfer or delegate, to others, its responsibilities under this Agreement except the Private Entity shall be allowed to subcontract portions of the Scope of Work. The Private Entity may, by subcontract, engage persons who are design and engineering professionals to provide design services for the Project. The Private Entity represents that the design professionals providing services for the Project include Persons with required Virginia licenses and registrations or are otherwise permitted by law to provide such services. The Private Entity further represents that the structural, electrical, mechanical and other engineering disciplines provided for the design of the Project will be under the direct supervision of licensed professional engineers who are registered in Virginia or who are persons in responsible charge of an engineering firm registered in Virginia.
b. The Private Entity is responsible to Owner for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other Services furnished by the Private Entity’s design professionals under this Agreement. The Private Entity must, without any changes to the CCL, GMP or schedule, correct any errors or deficiencies in any of the designs, drawings, specifications, and other Services, all at no costs to the Owner, and, provided that such errors or deficiencies do not arise out of, or as a result of, information or directives furnished by Owner or Owner’s Representative, and further provided, that because of such errors or deficiencies the Work does not conform to the requirements of this Agreement.
c. As part of the Private Entity's responsibility under this Agreement, the Private Entity shall ensure that the design and construction of the Project shall comply with all applicable Codes and Standards, including without limitation the Americans with Disabilities Act.
d. Any Owner review, approval, or acceptance of, or payment for, any of the services required under this Agreement shall not be construed to and does not relieve Private Entity of any obligation under this Agreement. The Private Entity shall remain liable to the Owner for all damages caused by the Private Entity's performance of any Services furnished under this Agreement that fails to ...
Responsibility for Design. The Contractor shall procure that the Refurbishment Contractor shall be entirely responsible for the safety of any design which forms part of the Works and for the adequacy, stability and safety of all site operations and methods of construction.
Responsibility for Design. Without prejudice to the generality of Clause 29 (Health and Safety) as between the Contractor and the Authority, the Contractor shall be entirely responsible for the safety of any design which forms part of the Works and/or the Services and for the adequacy, stability and safety of all site operations and methods of construction.
Responsibility for Design. TxDOT warrants that the design of the Project as reflected in the Final Design Documents, is adequate for the construction of the Project. Immediately upon receipt of the Final Design Documents, and before the DB Contractor begins any Work covered by those Final Design Documents, DB Contractor will examine those documents for any Errors, omissions, or other factors which would render the Project not constructible as designed. If any such Errors, omissions, or other factors are discovered, then the DB Contractor shall immediately notify TxDOT in writing and shall request in writing such further written explanations or directions from TxDOT as may be necessary and shall comply with the explanations and directions provided. DB Contractor shall be responsible for all Errors, omissions, and other factors in the Final Design Documents which render the Project not constructible as designed, and of which DB Contractor was aware, or reasonably should have been aware, and failed to provide written notice to TxDOT prior to beginning the affected Work. Notwithstanding the foregoing, to the extent that elements of the Final Design are modified by the DB Contractor in accordance with the terms of this DBC, the DB Contractor shall have responsibility for those portions of the design of the Project so modified by the DB Contractor. DB Contractor acknowledges and agrees that if DB Contractor wishes to deviate from the Final Design, it must specifically identify such modifications in writing to TxDOT in accordance with Section 2.1.2.4, provide justification for the deviation, and obtain specific written approval from TxDOT, in its sole discretion, prior to use of such deviations. TxDOT represents that the Final Design ROW limits as shown on the Final Design Documents for each Location are adequate for the designing and development of the Project within those limits for such Location.
Responsibility for Design. The Contractor shall remain responsible for his tendered design and the design under this Clause, both of which be fit for the intended purposes defined in the Contract and he shall also remain responsible for any infringement of any patent or copyright in respect of the same. The Employer shall be responsible for the Specification and Drawings.
Responsibility for Design. The consultant is primarily responsible for the project design that must conform to FAA design and construction standards. FAA has recommended specifications and design standards for construction; the actual design selections and decisions on specifications within required standards are made by the consultant. The engineer should consider all local factors including the owner’s preference in design, availability and cost of local materials, and equivalent local specification when deciding on the proposed design. Once design decisions are made, the consultant should request the owner’s concurrence of the proposed design. The owner, recognizing the engineer’s prerogative of design, will review the proposed design for conformity to standards and may require or recommend changes for the consideration of the consultant.
Responsibility for Design. The DB Contractor agrees that it has full responsibility for the design of the Project and that the DB Contractor shall furnish the design of the Project, regardless of the fact that certain conceptual design work occurred and was provided to the DB Contractor prior to the date of execution of the Contract. The DB Contractor specifically acknowledges and agrees that:
A. The DB Contractor is not entitled to rely on and has not relied on: (i) the RIDs; or (ii) any other documents or information provided by the District, including the Conceptual Design Plans, unless specifically permitted in the Contract Documents.
B. The DB Contractor’s Warranties and indemnities hereunder cover any Errors in the Project even though they may be related to Errors in the RIDs or Conceptual Design.
C. The Engineer of Record shall be responsible for all aspects of the design, and shall ensure that the design conforms to the Contract – regardless of who performs the Work.
Responsibility for Design. Contractor Responsibility
Responsibility for Design. Tenant will be responsible for the design, function and maintenance of all improvements which are not Building Standard, whether or not approved by Landlord or installed by Contractor at Tenant’s request. Landlord’s approval of the Tenant Working Drawings and performance of Landlord’s duties hereunder do not constitute any representation or warranty and shall not obligate Landlord in any manner as to the adequacy, sufficiency, efficiency, performance or desirability of the Tenant Improvements in the Premises.
Responsibility for Design. 12.1 The Contractor shall, subject to and in accordance with the Contract, design:
(a) the Temporary Works, save to the extent expressly provided to the contrary in the Contract; and
(b) any part of the Permanent Works expressly required by the Contract to be designed by the Contractor, and the design shall include the selection and specification of the kinds and standards of goods, materials and workmanship to be used in the Permanent Works and the Temporary Works, or in relation thereto, so far as is not described or stated in the Specification.
12.2 The Contractor shall be entirely responsible for the Contractor's design of the Temporary Works and any part of the Permanent Works required by the Contract to be designed by the Contractor, including, without limitation, the Contractor's Drawings, and shall be, and shall remain, liable for any mistake, inaccuracy or discrepancy contained therein or any omission therefrom. Nothing contained in the Contractor's design shall relieve the Contractor from his obligations or liabilities pursuant to Clause 12.3.
12.3 To the extent of his design obligations pursuant to Clauses 12.1 and 12.2, the Contractor warrants to the Employer that:
(a) he has exercised and shall continue to exercise in his design of the Temporary Works and the relevant part of the Permanent Works, all the skill and care to be expected of a professionally qualified and competent designer experienced in undertaking the design of works of a similar nature and scope to the Works;
(b) the Temporary Works and the relevant part of the Permanent Works shall comply in all respects with the Contract and the Contractor's Drawings; - 24/105 -
(c) the Temporary Works and the relevant part of the Permanent Works have been and will be designed and constructed by the Contractor using proven up to date good practice and standards available at the date hereof which are consistent with the scope of the Works and to standards which are consistent with the Contract;
(d) the relevant part of the Permanent Works shall, when completed, comply with the Enactments;
(e) no goods or materials generally known to be deleterious or otherwise not in accordance with good engineering practice have been or will be specified or selected by the Contractor or any one acting on his behalf;
(f) no goods or materials which, after their specification or selection by or on behalf of the Contractor but before being incorporated into the Permanent Works, become generally known to be delet...