Common use of Responsibility for Design Clause in Contracts

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. 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.