Common use of Responsibility for Design Clause in Contracts

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 deleterious or otherwise not in accordance with sound engineering practice, will be incorporated into the Permanent Works; and (g) the Contractor's design of the relevant part of the Permanent Works has taken and/or will take full account of the construction methods, Temporary Works, and Contractor's Equipment intended to be used by the Contractor and all subcontractors of any tier.

Responsibility for Design. 12.1 The Contractor shall, subject to and in accordance with the Contract, designdesign the Permanent Works and the Temporary Works. Such design shall include, without limitation: (a) the Temporary Works, save preparation and development of the Contractor's Proposals so as to comply with the extent expressly provided to the contrary in the Contract; andEmployer's Requirements; (b) any part the preparation and submission of the Permanent Works expressly required by the all Design Documents; and [STAMP] Rev. 0: 22 May 2002 GCC/25 Contract to be designed by the Contractor, and the design shall include No. LDB-201 GENERAL CONDITIONS OF CONTRACT (c) 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 SpecificationEmployer's Requirements. 12.2 The Contractor shall be entirely responsible for the Contractor's design of the Temporary Permanent Works and any part of the Permanent Works required by the Contract to be designed by the ContractorTemporary Works, including, without limitation, the Contractor's DrawingsProposals and the Design Documents, 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 Proposals 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 The Contractor warrants to the Employer that: (a) he has exercised and shall continue to exercise in his design of the Temporary Permanent Works and the relevant part of the Permanent Temporary 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 Permanent Works and Temporary Works; (b) the Temporary Permanent Works and the relevant part of the Permanent Temporary Works shall comply in all respects with the Contract and the Contractor's Drawings; - 24/105 -Design Documents; (c) the Temporary Permanent Works and the relevant part of the Permanent Temporary 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 deleterious or otherwise not in accordance with sound engineering practice, will be incorporated into the Permanent Works; andand [STAMP] Rev. 0: 22 May 2002 GCC/26 Contract No. LDB-201 GENERAL CONDITIONS OF CONTRACT (g) the Contractor's design of the relevant part of the Permanent Works has taken and/or will take full account of the construction methods, Temporary Works, and Contractor's Equipment intended to be used by the Contractor and all subcontractors of any tier.