Common use of ADMINISTRATION OF THE CONTRACT Clause in Contracts

ADMINISTRATION OF THE CONTRACT. 5.2.1 The Architect will provide construction administration services pursuant to its separate contract with the Owner, including performance of the functions hereinafter described. 5.2.2 The Architect will be the Owner's representative during construction to the extent described herein until final payment and including the guarantee period. The Architect will have authority to act on behalf of the Owner to the extent provided in the Contract Documents, unless otherwise modified by written instrument, which will be shown to the Contractor. The Architect will advise and consult with the Owner, and the Owner may issue instructions to the Contractor either directly or through the Architect. 5.2.3 The Architect and the Owner shall at all times have access to the Work wherever it is in preparation and progress. 5.2.4 The Architect shall make periodic visits to the site to become generally familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. These visits shall be of the frequency necessary to perform all inspections required by the 2012 International Building Code and to apprise the Architect of the progress and quality of the Work. On the basis of his on-site observations as an Architect, he shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 5.2.5 Based on such observations and the Contractor's Applications for Payment, the Architect will approve the amounts owing to the Contractor and will issue Certificates for Payment in such amounts, as provided in Subparagraph 12.4. 5.2.6 The Architect will be, in the first instance, the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both the Owner and the Contractor, except where otherwise provided herein. The Architect will promptly render such interpretations as he may deem necessary for the proper execution or progress of the Work. 5.2.7 All claims, disputes and other matters in question relating to the execution or progress of the Work, payment, time extension or interpretation of the Contract Documents shall be referred initially to the Architect in the manner provided by Subparagraph 12.4.4, within the time limits prescribed in Subparagraph 15.2.1, for decision by the Architect or Owner, as the subject of the matter may require, which will be rendered in writing within a reasonable time. 5.2.8 The interpretations and decisions of the Architect shall be consistent with the intent of the Contract Documents. In his capacity as interpreter and judge, he will exercise his best efforts to ensure faithful performance by both the Owner and the Contractor. 5.2.9 The Architect’s decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. 5.2.10 If a decision of the Architect is made pursuant to the terms of Subparagraph

ADMINISTRATION OF THE CONTRACT. 5.2.1 6.2.1 The Architect OR will provide construction general administration services pursuant to its separate contract with the Ownerof this Contract, including performance of the functions hereinafter described. 5.2.2 6.2.2 The Architect will be the Owner's representative during construction to the extent described herein until final payment and including the guarantee period. The Architect will have authority to act on behalf of the Owner to the extent provided in the Contract Documents, unless otherwise modified by written instrument, which will be shown to the Contractor. The Architect will advise and consult with the Owner, and the Owner may issue instructions to the Contractor either directly or through the Architect. 5.2.3 The Architect and the Owner OR shall at all times have access to the Work wherever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner and the OR may perform their functions under the Contract Documents. 5.2.4 6.2.3 The Architect OR shall make periodic visits to the site to become generally familiar with observe the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. These visits shall be of the frequency necessary to perform all inspections required by the 2012 International Building Code and to apprise the Architect of adequately observe the progress and quality of the Work. On the basis of his on-site observations as an Architectobservations, he shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. The Owner shall not be responsible for the Contractor's ways and means, methods, techniques and procedures in the construction of the Project or for enforcement of safety requirements on the Project. 5.2.5 6.2.4 Based on such observations and the Contractor's Applications for Payment, the Architect OR will approve make recommendations as to the amounts owing to the Contractor and will issue Certificates for Payment in such amounts, as provided in Subparagraph 12.412.4.1. 5.2.6 6.2.5 The Architect OR will be, in the first instance, the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both the Owner and the Contractor, except where otherwise provided herein. The Architect OR will promptly render such interpretations as he may deem necessary for the proper execution or progress of the Work. 5.2.7 6.2.6 All claims, disputes and other matters in question relating to the execution or progress of the Work, payment, time extension or interpretation of the Contract Documents shall be referred initially submitted to the Architect Owner in the manner provided by Subparagraph 12.4.4, within the time limits prescribed in Subparagraph 15.2.1, for decision by the Architect or Owner, as the subject of the matter may require, which will be rendered in writing within a reasonable time. 5.2.8 6.2.7 The interpretations and decisions of the Architect shall be consistent with the intent of the Contract Documents. In his capacity as interpreter and judge, he will exercise his best efforts to ensure faithful performance by both the Owner and the Contractor. 5.2.9 The Architect’s Owner's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. 5.2.10 6.2.8 If a decision of the Architect Owner states that it is final but subject to appeal, no claim, dispute or other matter covered by such decision may be made pursuant later than thirty (30) days after the date on which the party making the demand received the decision. 6.2.9 The OR shall have authority to reject Work which does not conform to the terms Contract Documents. Whenever, in the OR's reasonable opinion, he considers it necessary or advisable to ensure the proper implementation of Subparagraphthe intent of the Contract Documents, he will require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of the Work as provided in Subparagraph 10.8.2, whether or not such Work be then fabricated, installed or completed. 6.2.10 The OR will review Shop Drawings, Product Data and Samples promptly as provided in Subparagraphs 7.12.1 through 7.12.8

ADMINISTRATION OF THE CONTRACT. 5.2.1 6.2.1 The Architect Owner will provide construction general administration services pursuant to its separate contract with the Ownerof this Contract, including performance of the functions hereinafter described. 5.2.2 6.2.2 The Architect will be the Owner's representative during construction to the extent described herein until final payment and including the guarantee period. The Architect will have authority to act on behalf of the Owner to the extent provided in the Contract Documents, unless otherwise modified by written instrument, which will be shown to the Contractor. The Architect will advise and consult with the Owner, and the Owner may issue instructions to the Contractor either directly or through the Architect. 5.2.3 The Architect and the Owner shall at all times have access to the Work wherever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perform their functions under the Contract Documents. 5.2.4 6.2.3 The Architect Owner shall make periodic visits to the site to become generally familiar with observe the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. These visits shall be of the frequency necessary to perform all inspections required by the 2012 International Building Code and to apprise the Architect of adequately observe the progress and quality of the Work. On the basis of his on-site observations as an Architectobservations, he shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. The Owner shall not be responsible for the Contractor's ways and means, methods, techniques and procedures in the construction of the Project or for enforcement of safety requirements on the Project. 5.2.5 6.2.4 Based on such observations and the Contractor's Applications for Payment, the Architect Owner will approve make recommendations as to the amounts owing to the Contractor and will issue Certificates for Payment in such amounts, as provided in Subparagraph 12.412.4.1. 5.2.6 6.2.5 The Architect Owner will be, in the first instance, the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both the Owner and the Contractor, except where otherwise provided herein. The Architect Owner will promptly render such interpretations as he may deem necessary for the proper execution or progress of the Work. 5.2.7 6.2.6 All claims, disputes and other matters in question relating to the execution or progress of the Work, payment, time extension or interpretation of the Contract Documents shall be referred initially submitted to the Architect Owner in the manner provided by Subparagraph 12.4.4, within the time limits prescribed in Subparagraph 15.2.1, for decision by the Architect or Owner, as the subject of the matter may require, which will be rendered in writing within a reasonable time. 5.2.8 6.2.7 The interpretations and decisions of the Architect shall be consistent with the intent of the Contract Documents. In his capacity as interpreter and judge, he will exercise his best efforts to ensure faithful performance by both the Owner and the Contractor. 5.2.9 The Architect’s Owner's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. 5.2.10 6.2.8 If a decision of the Architect Owner states that it is final but subject to appeal, no claim, dispute or other matter covered by such decision may be made pursuant later than thirty (30) days after the date on which the party making the demand received the decision. 6.2.9 The Owner shall have authority to reject Work which does not conform to the terms Contract Documents. Whenever, in the Owner's reasonable opinion, he considers it necessary or advisable to ensure the proper implementation of Subparagraphthe intent of the Contract Documents, he will require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of the Work as provided in Subparagraph 10.8.2, whether or not such Work be then fabricated, installed or completed. 6.2.10 The Owner will review Shop Drawings, Product Data and Samples promptly as provided in Subparagraphs 7.12.1 through 7.12.8

ADMINISTRATION OF THE CONTRACT. 5.2.1 4.2.1 The Architect will provide construction administration services pursuant to its separate contract with the Owner, including performance of the functions Contract as hereinafter described. 5.2.2 The Architect will be the Owner's representative during construction to the extent described herein until final payment and including the guarantee period. The Architect will have authority to act on behalf of the Owner to the extent provided in the Contract Documents, unless otherwise modified by written instrument, which will be shown to the Contractor. The Architect will advise and consult with the Owner, and the Owner may issue instructions to the Contractor either directly or through the Architect. 5.2.3 The Architect and the Owner shall at all times have access to the Work wherever it is in preparation and progress. Contractor shall provide facilities for such access so the Architect may perform his or her functions under the Contract Documents. 5.2.4 4.2.2 The Architect will not be responsible for, or have control or charge over, construction means, methods, techniques, sequences or procedures, or be responsible for safety precautions and programs in connection with the Work, and the Architect will not be responsible for Contractor’s failure to carry out the Work in accordance with the Contract Documents. If the Contract Documents refer to particular construction means, methods, techniques, sequences or procedures, or indicate or imply that such are to be used in the Work, such mention is intended only to indicate that the operations of Contractor shall make periodic visits be such as to produce at least the quality of Work implied by the operations described, but that the actual determination of whether or not the described operations may be safely and suitably employed on the Work shall be the responsibility of Contractor. Contractor shall notify the Architect and Project Manager for informational purposes only of the actual construction means, methods, techniques, sequences or procedures, which Contractor intends to employ on the Work, if those differ from those mentioned in the Contract Documents. 4.2.3 The Project Manager (and Architect if requested by the Owner), will be present at the job site to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is proceeding being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. These visits Neither the Project Manager, the Owner nor the Architect will make exhaustive or continuous onsite inspections to check quality or quantity of the Work, which function will be the sole obligation and duty of Contractor. Any and all inspections by the Project Manager, Architect or Owner shall be for the sole benefit of the frequency Owner and shall in no way relieve Contractor of its full responsibility for performing the Work in strict conformance with the Contract Documents. The Project Manager (and Architect if requested by the Owner) will have authority to reject Work that does not conform to the Contract Documents, but shall have no duty or obligation to identify all such non-conforming work. Whenever the Project Manager (and Architect if requested by the Owner) considers it necessary or advisable, they may require inspections or testing of the Work in accordance with the procedures set forth by the Project Manager, whether or not such Work is fabricated, installed or completed. 4.2.4 The Architect will review and approve, or take other appropriate action upon, Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to perform permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all inspections of which remain the responsibility of Contractor as required by the 2012 International Building Code Contract Documents. The Architect’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. Shop Drawings, Product Data, and Samples for Owner-supplied equipment will be forwarded to apprise Contractor by the Architect. 4.2.5 The Project Manager (and Architect if requested by the Owner) will assist Owner in conducting inspections to determine the date or dates of Substantial Completion and Final Completion, and/or the generation of punch lists. 4.2.6 The Architect will review and respond to requests for information about the Contract Documents. All such requests shall be sent to the Architect of with a copy to the progress and quality of the WorkProject Manager. On the basis of his on-site observations as an Architect, he shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 5.2.5 Based on such observations and the Contractor's Applications for PaymentIf appropriate, the Architect will approve the amounts owing prepare and issue supplemental Drawings and Specifications in response to the Contractor and will issue Certificates requests for Payment in such amounts, as provided in Subparagraph 12.4information. 5.2.6 4.2.7 The Project Manager (and Architect if requested by the Owner) will be, in the first instance, the interpreter of interpret and decide matters concerning the requirements of the Contract Documents Documents. Requests from the Contractor and responses from the judge of Project Manager (and Architect if requested by the performance thereunder by both the Owner and the ContractorOwner), except where otherwise provided herein. The Architect to such requests will promptly render such interpretations be made with reasonable promptness, as he may deem necessary for the proper execution or progress of to avoid delay in the Work. 5.2.7 All claims, disputes and other matters in question relating to the execution or progress of the Work, payment, time extension or interpretation of the Contract Documents shall be referred initially to the Architect in the manner provided by Subparagraph 12.4.4, within the time limits prescribed in Subparagraph 15.2.1, for decision by the Architect or Owner, as the subject of the matter may require, which will be rendered in writing within a reasonable time. 5.2.8 The interpretations . Interpretations and decisions of the Project Manager (and Architect shall if requested by the Owner), will be consistent with the intent of and reasonably inferable from the Contract DocumentsDocuments and will be in writing or in the form of drawings. In his capacity as interpreter The decisions of the Project Manager (and judge, he will exercise his best efforts to ensure faithful performance Architect if requested by both the Owner and the Contractor. 5.2.9 The Architect’s decisions in matters Owner) relating to artistic aesthetic effect will be final if consistent with the intent of expressed in the Contract Documents. 5.2.10 If a decision of the Architect is made pursuant to the terms of Subparagraph

ADMINISTRATION OF THE CONTRACT. 5.2.1 2.2.1 The Architect will provide construction administration services pursuant to its separate contract with the Owner, including performance of the functions Contract as hereinafter described. 5.2.2 2.2.2 The Architect will be the Owner's representative during construction to the extent described herein and until final payment and including is made. The Owner's instructions to the guarantee periodContractor shall be provided to the Contractor in writing either directly, with copy to Architect, or through the Architect. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument, which . 2.2.3 The Architect will be shown visit the site at intervals appropriate to the stage of construction and as required by the Owner to familiarize himself generally with the progress and quality of the Work to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of his on-site observations as an Architect, he will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 2.2.4 The Architect will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. The Architect will advise not be responsible for or have control or charge over the acts or omissions of the Contractor, Subcontractors, or any of their agents or employees, or any other persons performing any of the Work. The failure of the Architect to discover or to call to Owner's attention any defects and consult with deficiencies in the Work of the Contractor shall not excuse or otherwise relieve Contractor of its obligations to Owner under the Owner, and the Owner may issue instructions to the -Contractor either directly or through the ArchitectAgreement. 5.2.3 2.2.5 The Architect and the Owner shall at all times have access to the Work wherever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform his functions under the Contract Documents and the Owner may observe such. 5.2.4 The Architect shall make periodic visits to the site to become generally familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. These visits shall be of the frequency necessary to perform all inspections required by the 2012 International Building Code and to apprise the Architect of the progress and quality of the Work. On the basis of his on-site observations as an Architect, he shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 5.2.5 Based on such observations and the Contractor's Applications for Payment, the Architect will approve the amounts owing to the Contractor and will issue Certificates for Payment in such amounts, as provided in Subparagraph 12.4. 5.2.6 2.2.6 The Architect will be, in the first instance, be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both the Owner and the Contractor. 2.2.7 Subject to Subparagraph 2.2.9, except where otherwise provided herein. The the Architect will promptly render such interpretations as he may deem necessary for the proper execution or of progress of the Work, with reasonable promptness and in accordance with any time limit agreed upon. 5.2.7 All claims2.2.8 Claims, disputes and other matters in question between the Contractor and the Owner relating to the execution or progress of the Work, payment, time extension Work or the interpretation of the Contract Documents shall be referred initially to the Architect in the manner provided by Subparagraph 12.4.4, within the time limits prescribed in Subparagraph 15.2.1, for decision by the Architect or Owner, as the subject of the matter may requiredecisions, which he will be rendered render in writing to Owner and Contractor within a reasonable time. 5.2.8 The 2.2.9 All interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 2.2.10 Both the Owner, with Architect's concurrence, and the Architect independently will have authority to reject Work which does not conform to the Contract Documents. In his capacity as interpreter and judgeWhenever, in Architect's opinion, he will exercise his best efforts to ensure faithful performance by both considers it necessary or advisable for the Owner and the Contractor. 5.2.9 The Architect’s decisions in matters relating to artistic effect will be final if consistent with implementation of the intent of the Contract Documents. 5.2.10 If a decision , he will have authority to require special inspection or testing of the Architect is made pursuant Work in accordance with Subparagraph 4.18.2 whether or not such Work be then fabricated, installed or completed. However, neither the Architect's nor Owner's authority to the terms of Subparagraphact under this Subparagraph 2.

ADMINISTRATION OF THE CONTRACT. 5.2.1 The Architect 9.1 Xxxxxxx Xxxxxx (the “Manager”) will provide construction administration services pursuant to its separate contract be Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, including performance from time to time during the one-year period for correction of the functions hereinafter describedWork described in Paragraph 17.2. 5.2.2 9.2 The Architect will be the Owner's Manager, as a representative during construction to the extent described herein until final payment and including the guarantee period. The Architect will have authority to act on behalf of the Owner to the extent provided in the Contract Documents, unless otherwise modified by written instrument, which will be shown to the Contractor. The Architect will advise and consult with the Owner, and will visit the Owner may issue instructions site at intervals appropriate to the Contractor either directly or through stage of the Architect. 5.2.3 The Architect and the Owner shall at all times have access to the Work wherever it is in preparation and progress. 5.2.4 The Architect shall make periodic visits to the site Contractor's operations (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the Work and to determine if portion of the Work is proceeding in accordance with the Contract Documents. These visits shall be of the frequency necessary completed, (2) to perform all inspections required by the 2012 International Building Code and to apprise the Architect of the progress and quality of the Work. On the basis of his on-site observations as an Architect, he shall endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Manager will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Manager will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 8.2.1. 5.2.5 9.3 The Manager will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The 9.4 Based on such observations the Manager's evaluations of the Work and of the Contractor's Applications for Payment, the Architect Owner will approve review and determine the amounts owing to due the Contractor and will issue Certificates for Payment in such amounts, as provided in Subparagraph 12.4. 5.2.6 9.5 The Architect Manager will behave authority to reject Work that does not conform to the Contract Documents. 9.6 The Manager will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the first instanceContract Documents. 9.7 The Manager will interpret and decide matters concerning performance under, the interpreter of the and requirements of of, the Contract Documents and the judge on written request of the performance thereunder by both either the Owner and the or Contractor, except where otherwise provided herein. The Architect Manager will promptly render such interpretations as he may deem necessary for make recommendations to the proper execution or progress of the Work. 5.2.7 All Owner on all claims, disputes and other matters in question relating to between the execution Owner and Contractor but will not be liable for results of any interpretations or progress decisions so rendered in good faith. 9.8 Duties, responsibilities and limitations of authority of the Work, payment, time extension or interpretation of Manager as set forth in the Contract Documents shall not be referred initially to restricted, modified or extended without written consent of the Architect in the manner provided by Subparagraph 12.4.4, within the time limits prescribed in Subparagraph 15.2.1, for decision by the Architect or Owner, as the subject of the matter may require, which will Contractor and Manager. Consent shall not be rendered in writing within a reasonable timeunreasonably withheld. 5.2.8 The interpretations and decisions of the Architect shall be consistent with the intent of the Contract Documents. In his capacity as interpreter and judge, he will exercise his best efforts to ensure faithful performance by both the Owner and the Contractor. 5.2.9 The Architect’s decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. 5.2.10 If a decision of the Architect is made pursuant to the terms of Subparagraph9.9 [LEFT BLANK]