Common use of The Project Manager Clause in Contracts

The Project Manager. The Manager for this Project is Commander ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ or Lieutenant ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ (the "Manager"). In the event the Owner should find it necessary or convenient to replace the Manager, the Owner shall retain a replacement Manager and the role of the replacement Manager shall be the same as the role of the Manager. Unless otherwise directed by the Owner in writing, the Manager will perform those duties and discharge those responsibilities allocated to the Manager in this Contract. The duties, obligations and responsibilities of the Manager shall include, but are not limited to, the following: (A) Unless otherwise directed by the Owner in writing, the Manager shall act as the Owner's agent from the effective date of this Contract until final payment has been made, to the extent expressly set forth in this Contract; (B) Unless otherwise directed by the Owner in writing, the Owner and the Contractor shall communicate with each other in the first instance through the Manager; (C) When requested by the Contractor in writing, the Manager shall render interpretations necessary for the proper execution or progress of the work; (D) The Manager shall draft proposed Change Orders; (E) The Manager shall approve, or respond otherwise as necessary concerning shop drawings or other submittals received from the Contractor; (F) The Manager shall be authorized to refuse to accept work which is defective or otherwise fails to comply with the requirements of this Contract. If the Manager deems it appropriate, the Manager shall be authorized to call for extra inspection or testing of the work for compliance with requirements of this Contract; (G) The Manager shall review the Contractor's Payment Requests and shall approve in writing those amounts which, in the opinion of the Manager, are properly owing to the Contractor as provided in this Contract; (H) The Manager shall, upon written request from the Contractor, perform those inspections required in Paragraph 7 hereinabove; (I) The Manager shall be authorized to require the Contractor to make changes which do not involve a change in the Contract Price or in the time for the Contractor's performance of this Contract consistent with the intent of this Contract; (J) THE DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR UNDER THIS CONTRACT SHALL IN NO MANNER WHATSOEVER BE CHANGED, ALTERED, DISCHARGED, RELEASED, OR SATISFIED BY ANY DUTY, OBLIGATION OR RESPONSIBILITY OF THE MANAGER. THE CONTRACTOR IS NOT A THIRD-PARTY BENEFICIARY OF ANY CONTRACT BY AND BETWEEN THE OWNER AND THE MANAGER. IT IS EXPRESSLY ACKNOWLEDGED AND AGREED THAT THE DUTIES OF THE CONTRACTOR TO THE OWNER ARE INDEPENDENT OF, AND ARE NOT DIMINISHED BY, ANY DUTIES OF THE MANAGER TO THE OWNER.

Appears in 1 contract

Sources: Fixed Price Construction Contract

The Project Manager. The Project Manager for this Project is Commander ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ or Lieutenant ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ (the "Project Manager"). In the event the Owner should find it necessary or convenient to replace the Project Manager, the Owner shall retain a replacement Project Manager and the role of the replacement Project Manager shall be the same as the role of the Project Manager. Unless otherwise directed by the Owner in writing, the Project Manager will perform those duties and discharge those responsibilities allocated to the Project Manager in this Contract. The duties, obligations and responsibilities of the Project Manager shall include, but are not limited to, the following: (A) Unless otherwise directed by the Owner in writing, the Project Manager shall act as the Owner's agent from the effective date of this Contract until final payment has been made, to the extent expressly set forth in this Contract; (B) Unless otherwise directed by the Owner in writing, the Owner and the Contractor shall communicate with each other in the first instance through the Project Manager; (C) When requested by the Contractor in writing, the Project Manager shall render interpretations necessary for the proper execution or progress of the work; (D) The Project Manager shall draft proposed Change Orders; (E) The Project Manager shall approve, or respond otherwise as necessary concerning shop drawings or other submittals received from the Contractor; (F) The Project Manager shall be authorized to refuse to accept work which is defective or otherwise fails to comply with the requirements of this Contract. If the Project Manager deems it appropriate, the Project Manager shall be authorized to call for extra inspection or testing of the work for compliance with requirements of this Contract; (G) The Project Manager shall review the Contractor's Payment Requests and shall approve in writing those amounts which, in the opinion of the Project Manager, are properly owing to the Contractor as provided in this Contract; (H) The Project Manager shall, upon written request from the Contractor, perform those inspections required in Paragraph 7 hereinabove; (I) The Project Manager shall be authorized to require the Contractor to make changes which do not involve a change in the Contract Price or in the time for the Contractor's performance of this Contract consistent with the intent of this Contract; (J) THE DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR UNDER THIS CONTRACT SHALL IN NO MANNER WHATSOEVER BE CHANGED, ALTERED, DISCHARGED, RELEASED, OR SATISFIED BY ANY DUTY, OBLIGATION OR RESPONSIBILITY OF THE PROJECT MANAGER. THE CONTRACTOR IS NOT A THIRD-PARTY BENEFICIARY OF ANY CONTRACT BY AND BETWEEN THE OWNER AND THE PROJECT MANAGER. IT IS EXPRESSLY ACKNOWLEDGED AND AGREED THAT THE DUTIES OF THE CONTRACTOR TO THE OWNER ARE INDEPENDENT OF, AND ARE NOT DIMINISHED BY, ANY DUTIES OF THE PROJECT MANAGER TO THE OWNER.

Appears in 1 contract

Sources: Construction Contract