Common use of Construction and Superintendence by the Contractor Clause in Contracts

Construction and Superintendence by the Contractor. 2.6.1 The Contractor shall supervise and direct the Work of its employees and Subcontractors and coordinate the Work with the activities and responsibilities of the Owner and the Design Professional so as to complete the Work in accordance with the Owner’s objectives of cost, time and quality as set forth in the Contract Documents. The Contractor shall perform all construction work, services and activities efficiently and with the requisite expertise, skill, quality and competence necessary to satisfy the requirements of the Contract Documents. 2.6.2 The Contractor shall competently and thoroughly direct and superintend all of the Work and shall be solely responsible for all construction safety, means, methods, sequences and techniques of construction. It shall coordinate and schedule all Work under this Agreement, the performance of all its employees, Subcontractors, and Suppliers, and the timely procurement of all necessary labor, materials, equipment, supplies, and all else needed to do the Work. The Contractor shall establish an on-site organization with lines of authority in order to carry out the overall plans for completion of the Work. 2.6.3 The Contractor shall employ a competent Owner-approved Superintendent and necessary assistants, who shall be in attendance at the Project Site during the progress of the Work. The Superintendent and Representative shall represent the Contractor and all communications given to the Representative shall be binding on the Contractor. All such communications shall be confirmed in writing. 2.6.4 The Contractor shall at all times enforce strict discipline and good order among its employees and its Subcontractors’ employees, and shall not allow employment on the Work of any unfit person or anyone not skilled in and capable of performing the task assigned to them. In addition, if the Contractor receives written notice from the Owner to dismiss any unskilled or unfit subcontractors or employees or one who is a hindrance to proper or timely execution of the Work, the Contractor shall dismiss those subcontractors or employees and agrees to replace those dismissed without delay to the Project and at no additional cost to the Owner. 2.6.5 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor’s employees, Subcontractors of all tiers, their agents and employees, and any other persons performing any of the Work or furnishing materials under a contract with the Contractor. 2.6.6 The Contractor shall not be relieved from its obligation to perform the Work in accordance with the Contract Documents either by the activities or duties of the Design Professional in its administration of this Agreement, or by inspections, tests or approvals required or performed by persons other than the Contractor. Nothing contained in this paragraph shall preclude the Contractor from asserting any rights it may have under this Agreement in the event of unreasonable delays to the Contractor in the conducting of any inspections, test, approvals, or other actions by the Design Professional upon which the Contractor is dependent. 2.6.7 The Contractor shall schedule, notice, conduct, take, and distribute minutes of weekly progress meetings at which the Owner, Design Professional, and Contractor can discuss jointly such matters as procedures, progress, and problems. 2.6.8 The Owner reserves the right to award other contracts related to the Project, or to perform certain work itself. Any such other work may or may not be known to the Owner or disclosed to the Contractor prior to execution of a project-specific Job Order. The Contractor shall afford the Owner and such other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly coordinate its Work with theirs in such manner as the Owner or Design Professional may direct. The Contractor shall also assure at its own cost reasonable access of other contractors to their site and their work. 2.6.8.1 Upon request of the Contractor, the Owner will provide the Contractor with a copy of Drawings, Specifications, Schedules or other needed data relating to such other contracts or work as may be necessary to meet Contractor’s duty to coordinate. The Contractor shall thoroughly examine these documents and shall within three (3) business days of completing such examination notify the Owner in writing of any conflicts with the Work to be performed by the Contractor. In no event shall such notice be given by Contractor so late as to interfere with or delay the Work to be performed by the Contractor. Failure of the Contractor to request, review, or provide written notice as provided above shall constitute a waiver of any objections or claims the Contractor may otherwise have as a result of the necessity to coordinate the Contractor’s Work with other activities. 2.6.8.2 Should the Contractor sustain any damage through any act or omission of any other such contractor or Subcontractor, Contractor shall have no claim or cause of action against the Owner for such damage and hereby waives any such claim. The Contractor does not waive any claim or cause of action against any other contractor or Subcontractor to recover any and all damages sustained by reason of the acts or omissions of such other contractor or Subcontractor. The phrase “act or omission” as used in this section shall be defined to include, but not be limited to, any delay on the part of any such other contractor or Subcontractor, whether due to negligence, gross negligence, inadvertence or any other cause. 2.6.8.3 Should the Contractor cause damage to the Work or property of any other contractor or Subcontractor of the Owner, the Contractor shall upon receiving due notice of damage promptly attempt to settle with such other contractor by agreement, repair or otherwise to resolve the dispute. If any such separate contractor sues or initiates a proceeding against the Owner on account of any damage alleged to have been caused the Contractor or its Subcontractors, the Owner shall notify the Contractor who shall at its own cost defend such proceedings, or pay the costs of the Owner defending such proceedings, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney’s fees and court or other costs which the Owner has incurred in connection with the matter.

Construction and Superintendence by the Contractor. 2.6.1 2.5.1 The Contractor shall supervise and direct the Work of its employees and Subcontractors and coordinate the Work with the activities and responsibilities of the Owner and the Design Professional so as to complete the Work in accordance with the Owner’s objectives of cost, time and quality as set forth in the Contract Documents. The Contractor shall perform all construction work, services and activities efficiently and with the requisite expertise, skill, quality and competence necessary to satisfy the requirements of the Contract Documents. 2.6.2 2.5.2 The Contractor shall competently and thoroughly direct and superintend all of the Work and shall be solely responsible for all construction safety, means, methods, sequences and techniques of construction. It shall coordinate and schedule all Work under this AgreementContract, the performance of all its employees, Subcontractors, and Suppliers, and the timely procurement of all necessary labor, materials, equipment, supplies, and all else needed to do the Work. The Contractor shall establish an on-site organization with lines of authority in order to carry out the overall plans for completion of the Work. 2.6.3 2.5.3 The Contractor shall employ a competent Owner-approved Superintendent and necessary assistants, who shall be in attendance at the Project Site during the progress of the Work. The Superintendent and Representative shall represent the Contractor and all communications given to the Representative shall be binding on the Contractor. All such communications shall be confirmed in writing. 2.6.4 2.5.4 The Contractor shall at all times enforce strict discipline and good order among its employees and its Subcontractors’ employees, and shall not allow employment on the Work of any unfit person or anyone not skilled in and capable of performing the task assigned to them. In addition, if the Contractor receives written notice from the Owner to dismiss any unskilled or unfit subcontractors or employees or one who is a hindrance to proper or timely execution of the Work, the Contractor shall dismiss those subcontractors or employees and agrees to replace those dismissed without delay to the Project and at no additional cost to the Owner. 2.6.5 2.5.5 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor’s employees, Subcontractors of all tiers, their agents and employees, and any other persons performing any of the Work or furnishing materials under a contract with the Contractor. 2.6.6 2.5.6 The Contractor shall not be relieved from its obligation to perform the Work in accordance with the Contract Documents either by the activities or duties of the Design Professional in its administration of this Agreement, or by inspections, tests or approvals required or performed by persons other than the Contractor. Nothing contained in this paragraph shall preclude the Contractor from asserting any rights it may have under this Agreement in the event of unreasonable delays to the Contractor in the conducting of any inspections, test, approvals, or other actions by the Design Professional upon which the Contractor is dependent. 2.6.7 2.5.7 The Contractor shall schedule, notice, conduct, take, and distribute minutes of weekly progress meetings at which the Owner, Design Professional, and Contractor can discuss jointly such matters as procedures, progress, and problems. 2.6.8 2.5.8 The Owner reserves the right to award other contracts related to the Project, or to perform certain work itself. Any such other work may or may not be known to the Owner or disclosed to the Contractor prior to execution of a project-specific Job Orderthe Agreement. The Contractor shall afford the Owner and such other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly coordinate its Work with theirs in such manner as the Owner or Design Professional may direct. The Contractor shall also assure at its own cost reasonable access of other contractors to their site and their work. 2.6.8.1 2.5.8.1 Upon request of the Contractor, the Owner will provide the Contractor with a copy of Drawings, Specifications, Schedules or other needed data relating to such other contracts or work as may be necessary to meet Contractor’s duty to coordinate. The Contractor shall thoroughly examine these documents and shall within three (3) business days of completing such examination notify the Owner in writing of any conflicts with the Work to be performed by the Contractor. In no event shall such notice be given by Contractor so late as to interfere with or delay the Work to be performed by the Contractor. Failure of the Contractor to request, review, or provide written notice as provided above shall constitute a waiver of any objections or claims the Contractor may otherwise have as a result of the necessity to coordinate the Contractor’s Work with other activities. 2.6.8.2 2.5.8.2 Should the Contractor sustain any damage through any act or omission of any other such contractor or Subcontractor, Contractor shall have no claim or cause of action against the Owner for such damage and hereby waives any such claim. The Contractor does not waive any claim or cause of action against any other contractor or Subcontractor to recover any and all damages sustained by reason of the acts or omissions of such other contractor or Subcontractor. The phrase “act or omission” as used in this section shall be defined to include, but not be limited to, any delay on the part of any such other contractor or Subcontractor, whether due to negligence, gross negligence, inadvertence or any other cause. 2.6.8.3 2.5.8.3 Should the Contractor cause damage to the Work or property of any other contractor or Subcontractor of the Owner, the Contractor shall upon receiving due notice of damage promptly attempt to settle with such other contractor by agreement, repair or otherwise to resolve the dispute. If any such separate contractor sues or initiates a proceeding against the Owner on account of any damage alleged to have been caused the Contractor or its Subcontractors, the Owner shall notify the Contractor who shall at its own cost defend such proceedings, or pay the costs of the Owner defending such proceedings, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney’s fees and court or other costs which the Owner has incurred in connection with the matter.

Construction and Superintendence by the Contractor. 2.6.1 The Contractor shall supervise and direct the Work of its employees and Subcontractors and coordinate the Work with the activities and responsibilities of the Owner and the Design Professional so as to complete the Work in accordance with the Owner’s objectives of cost, time and quality as set forth in the Contract Documents. The Contractor shall perform all construction work, services and activities efficiently and with the requisite expertise, skill, quality and competence necessary to satisfy the requirements of the Contract Documents. 2.6.2 The Contractor shall competently and thoroughly direct and superintend all of the Work and shall be solely responsible for all construction safety, means, methods, sequences and techniques of construction. It shall coordinate and schedule all Work under this AgreementContract, the performance of all its employees, Subcontractors, and Suppliers, and the timely procurement of all necessary labor, materials, equipment, supplies, and all else needed to do the Work. The Contractor shall establish an on-site organization with lines of authority in order to carry out the overall plans for completion of the Work. 2.6.3 The Contractor shall employ a competent Owner-approved Superintendent and necessary assistants, who shall be in attendance at the Project Site during the progress of the Work. The Superintendent and Representative shall represent the Contractor and all communications given to the Representative shall be binding on the Contractor. All such communications shall be confirmed in writing. 2.6.4 The Contractor shall at all times enforce strict discipline and good order among its employees and its Subcontractors’ employees, and shall not allow employment on the Work of any unfit person or anyone not skilled in and capable of performing the task assigned to them. In addition, if the Contractor receives written notice from the Owner to dismiss any unskilled or unfit subcontractors or employees or one who is a hindrance to proper or timely execution of the Work, the Contractor shall dismiss those subcontractors or employees and agrees to replace those dismissed without delay to the Project and at no additional cost to the Owner. 2.6.5 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor’s employees, Subcontractors of all tiers, their agents and employees, and any other persons performing any of the Work or furnishing materials under a contract with the Contractor. 2.6.6 The Contractor shall not be relieved from its obligation to perform the Work in accordance with the Contract Documents either by the activities or duties of the Design Professional in its administration of this Agreement, or by inspections, tests or approvals required or performed by persons other than the Contractor. Nothing contained in this paragraph shall preclude the Contractor from asserting any rights it may have under this Agreement in the event of unreasonable delays to the Contractor in the conducting of any inspections, test, approvals, or other actions by the Design Professional upon which the Contractor is dependent. 2.6.7 The Contractor shall schedule, notice, conduct, take, and distribute minutes of weekly progress meetings at which the Owner, Design Professional, and Contractor can discuss jointly such matters as procedures, progress, and problems. 2.6.8 The Owner reserves the right to award other contracts related to the Project, or to perform certain work itself. Any such other work may or may not be known to the Owner or disclosed to the Contractor prior to execution of a project-specific Job Order. The Contractor shall afford the Owner and such other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly coordinate its Work with theirs in such manner as the Owner or Design Professional may direct. The Contractor shall also assure at its own cost reasonable access of other contractors to their site and their work. 2.6.8.1 Upon request of the Contractor, the Owner will provide the Contractor with a copy of Drawings, Specifications, Schedules or other needed data relating to such other contracts or work as may be necessary to meet Contractor’s duty to coordinate. The Contractor shall thoroughly examine these documents and shall within three (3) business days of completing such examination notify the Owner in writing of any conflicts with the Work to be performed by the Contractor. In no event shall such notice be given by Contractor so late as to interfere with or delay the Work to be performed by the Contractor. Failure of the Contractor to request, review, or provide written notice as provided above shall constitute a waiver of any objections or claims the Contractor may otherwise have as a result of the necessity to coordinate the Contractor’s Work with other activities. 2.6.8.2 Should the Contractor sustain any damage through any act or omission of any other such contractor or Subcontractor, Contractor shall have no claim or cause of action against the Owner for such damage and hereby waives any such claim. The Contractor does not waive any claim or cause of action against any other contractor or Subcontractor to recover any and all damages sustained by reason of the acts or omissions of such other contractor or Subcontractor. The phrase “act or omission” as used in this section shall be defined to include, but not be limited to, any delay on the part of any such other contractor or Subcontractor, whether due to negligence, gross negligence, inadvertence or any other cause. 2.6.8.3 Should the Contractor cause damage to the Work or property of any other contractor or Subcontractor of the Owner, the Contractor shall upon receiving due notice of damage promptly attempt to settle with such other contractor by agreement, repair or otherwise to resolve the dispute. If any such separate contractor sues or initiates a proceeding against the Owner on account of any damage alleged to have been caused the Contractor or its Subcontractors, the Owner shall notify the Contractor who shall at its own cost defend such proceedings, or pay the costs of the Owner defending such proceedings, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney’s fees and court or other costs which the Owner has incurred in connection with the matter.

Construction and Superintendence by the Contractor. 2.6.1 The Contractor shall supervise and direct the Work of its employees and Subcontractors and coordinate the Work with the activities and responsibilities of the Owner and the Design Professional so as to complete the Work in accordance with the Owner’s objectives of cost, time and quality as set forth in the Contract Documents. The Contractor shall perform all construction work, services and activities efficiently and with the requisite expertise, skill, quality and competence necessary to satisfy the requirements of the Contract Documents. 2.6.2 The Contractor shall competently and thoroughly direct and superintend all of the Work and shall be solely responsible for all construction safety, means, methods, sequences and techniques of construction. It shall coordinate and schedule all Work under this Agreement, the performance of all its employees, Subcontractors, and Suppliers, and the timely procurement of all necessary labor, materials, equipment, supplies, and all else needed to do the Work. The Contractor shall establish an on-site organization with lines of authority in order to carry out the overall plans for completion of the Work. 2.6.3 The Contractor shall employ a competent Owner-approved Superintendent and necessary assistants, who shall be in attendance at attend the Project Site during the progress of the Work. The Superintendent and Representative shall represent the Contractor and all communications given to the Representative shall be binding on the Contractor. All such communications shall be confirmed in writing. 2.6.4 The Contractor shall at all times enforce strict discipline and good order among its employees and its Subcontractors’ employees, and shall not allow employment on the Work of any unfit person or anyone not skilled in and capable of performing the task assigned to them. In addition, if the Contractor receives written notice from the Owner to dismiss any unskilled or unfit subcontractors or employees or one who is a hindrance to proper or timely execution of the Work, the Contractor shall dismiss those subcontractors or employees and agrees to replace those dismissed without delay to the Project and at no additional cost to the Owner. 2.6.5 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor’s employees, Subcontractors of all tiers, their agents and employees, and any other persons performing any of the Work or furnishing materials under a contract with the Contractor. 2.6.6 The Contractor shall not be relieved from its obligation to perform the Work in accordance with the Contract Documents either by the activities or duties of the Design Professional in its administration of this Agreement, or by inspections, tests or approvals required or performed by persons other than the Contractor. Nothing contained in this paragraph shall preclude the Contractor from asserting any rights it may have under this Agreement in the event of unreasonable delays to the Contractor in the conducting of any inspections, test, approvals, or other actions by the Design Professional upon which the Contractor is dependent. 2.6.7 The Contractor shall schedule, notice, conduct, take, and distribute minutes of weekly progress meetings at which the Owner, Design Professional, and Contractor can discuss jointly such matters as procedures, progress, and problems. 2.6.8 The Owner reserves the right to award other contracts related to the Project, or to perform certain work itself. Any such other work may or may not be known to the Owner or disclosed to the Contractor prior to execution of a project-specific Job Order. The Contractor shall afford the Owner and such other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly coordinate its Work with theirs in such manner as the Owner or Design Professional may directdesignate. The Contractor shall also assure at its own cost reasonable access of other contractors to their site and their work. 2.6.8.1 Upon request of the Contractor, the Owner will provide the Contractor with a copy of Specifications, Drawings, Specifications, Schedules or other needed data relating to such other contracts or work as may be necessary to meet Contractor’s duty to coordinate. The Contractor shall thoroughly examine these documents and shall within three (3) business days of completing such examination notify the Owner in writing of any conflicts with the Work to be performed by the Contractor. In no event shall such notice be given by Contractor so late as to interfere with or delay the Work to be performed by the Contractor. Failure of the Contractor to request, review, or provide written notice as provided above shall constitute a waiver of any objections or claims the Contractor may otherwise have as a result of the necessity to coordinate the Contractor’s Work with other activities. 2.6.8.2 Should the Contractor sustain any damage through any act or omission of any other such contractor or Subcontractor, Contractor shall have no claim or cause of action against the Owner for such damage and hereby waives any such claim. The Contractor does not waive any claim or cause of action against any other contractor or Subcontractor to recover any and all damages sustained by reason of the acts or omissions of such other contractor or Subcontractor. The phrase “act or omission” as used in this section shall be defined to include, but not be limited to, any delay on the part of any such other contractor or Subcontractor, whether due to negligence, gross negligence, inadvertence or any other cause. 2.6.8.3 Should the Contractor cause damage to the Work or property of any other contractor or Subcontractor of the Owner, the Contractor shall upon receiving due notice of damage promptly attempt to settle with such other contractor by agreement, repair or otherwise to resolve the dispute. If any such separate contractor sues or initiates a proceeding against the Owner on account of any damage alleged to have been caused the Contractor or its Subcontractors, the Owner shall notify the Contractor who shall at its own cost defend such proceedings, or pay the costs of the Owner defending such proceedings, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney’s fees and court or other costs which the Owner has incurred in connection with the matter.