Common use of Setting Out Clause in Contracts

Setting Out. The Contractor shall set out the Works concerning original points, lines, and levels of reference specified in the Contract or notified by the Engineer. The Contractor shall be responsible for the correct positioning of all parts of the Works and shall rectify any error in the positions, levels, dimensions, or alignment of the Work. The Employer shall be responsible for any errors in these specified or notified items of reference, but the Contractor shall use reasonable efforts to verify their accuracy before they are used. If the Contractor suffers delay and/or incurs Cost from executing work which was necessitated by an error in these items of reference, and an experienced contractor could not reasonably have discovered such error and avoided this delay and/or Cost, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to; (a) an extension of time for any such delay, if completion is or will be delayed under Sub-Clause 8.4 [Extension of Time for Completion]. and (b) payment of any such Cost plus a reasonable profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed per Sub-Clause 3.5 [Determinations] to agree or determine (i) whether and (if so) to what extent the error could not reasonably have been discovered, and (ii) the matters described in subparagraphs (a) and (b) above related to this extent.

Appears in 1 contract

Sources: Framework Agreement

Setting Out. The Contractor shall set out the Works concerning in relation to original points, lines, lines and levels of reference specified in the Contract or notified by the Engineer. The Contractor shall be responsible for the correct positioning of all parts of the Works Works, and shall rectify any error in the positions, levels, dimensions, dimensions or alignment of the WorkWorks. The Employer shall be responsible for any errors in these specified or notified items of reference, but the Contractor shall use reasonable efforts to verify their accuracy before they are used. If the Contractor suffers delay and/or incurs Cost from executing work which was necessitated by an error in these items of reference, and an experienced contractor could not reasonably have discovered such error and avoided this delay and/or Cost, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to;: (a) an extension of time for any such delay, if completion is or will be delayed delayed, under Sub-Clause 8.4 [Extension of Time for Completion]. , and (b) payment of any such Cost plus a reasonable profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed per in accordance with Sub-Clause 3.5 [Determinations] to agree or determine (i) whether and (if so) to what extent the error could not reasonably have been discovered, and (ii) the matters described in subparagraphs sub-paragraphs (a) and (b) above related to this extent.

Appears in 1 contract

Sources: Contract Agreement

Setting Out. The Contractor shall set out the Works concerning in relation to original points, lines, lines and levels of reference specified in the Contract or notified by the Engineer. The Contractor shall be responsible for the correct positioning of all parts of the Works Works, and shall rectify any error in the positions, levels, dimensions, dimensions or alignment of the WorkWorks. The Employer shall be responsible for any errors in these specified or notified items of reference, but the Contractor shall use reasonable efforts to verify their accuracy before they are used. If the Contractor suffers delay and/or incurs Cost from executing work which was necessitated by an error in these items of reference, and an experienced contractor could not reasonably have discovered such error and avoided this delay and/or Cost, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to;: (a) an extension of time for any such delay, if completion is or will be delayed delayed, under Sub-Clause 8.4 [Extension of Time for Completion]. , and (b) payment of any such Cost plus a reasonable profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed per Sub-in accordance with Sub- Clause 3.5 [Determinations] to agree or determine (i) whether and (if so) to what extent the error could not reasonably have been discovered, and (ii) the matters described in subparagraphs sub-paragraphs (a) and (b) above related to this extent.e.

Appears in 1 contract

Sources: Unit Price Contract

Setting Out. The Contractor shall set out the Works concerning in relation to original points, lines, lines and levels of reference specified in the Contract or notified by the Engineer. The Contractor shall be responsible for the correct positioning of all parts of the Works Works, and shall rectify any error in the positions, levels, dimensions, dimensions or alignment of the WorkWorks. The Employer shall be responsible for any errors in these specified or notified items of reference, but the Contractor shall use reasonable efforts to verify their accuracy before they are used. If the Contractor suffers delay and/or incurs Cost from executing work which was necessitated by an error in these items of reference, and an experienced contractor could not reasonably have discovered such error and avoided this delay and/or Cost, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to;: (a) an extension of time for any such delay, if completion is or will be delayed delayed, under Sub-Sub- Clause 8.4 [Extension of Time for Completion]. , and (b) payment of any such Cost plus a reasonable profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed per in accordance with Sub-Clause 3.5 [Determinations] to agree or determine (i) whether and (if so) to what extent the error could not reasonably have been discovered, and (ii) the matters described in subparagraphs sub-paragraphs (a) and (b) above related to this extent.e.

Appears in 1 contract

Sources: Unit Price Contract

Setting Out. The Contractor shall set out the Works concerning in relation to original points, lines, lines and levels of reference specified in the Contract or notified by the Engineer. The Contractor shall be responsible for the correct positioning of all parts of the Works Works, and shall rectify any error in the positions, levels, dimensions, dimensions or alignment of the Work. The Employer shall be responsible for any errors in these specified or notified items of reference, but the Contractor shall use reasonable efforts to verify their accuracy before they are used. If the Contractor suffers delay and/or incurs Cost from executing work which was necessitated by an error in these items of reference, and an experienced contractor could not reasonably have discovered such error and avoided this delay and/or Cost, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to; (a) ; an extension of time for any such delay, if completion is or will be delayed under Sub-Clause 8.4 [Extension of Time for Completion]. and (b) And payment of any such Cost plus a reasonable profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed per in accordance with Sub-Clause 3.5 [Determinations] to agree or determine (i) whether and (if so) to what extent the error could not reasonably have been discovered, and (ii) the matters described in subparagraphs sub-paragraphs (a) and (b) above related to this extent.

Appears in 1 contract

Sources: Contract Agreement