Common use of CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS Clause in Contracts

CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS. 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner–Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12.

Appears in 2 contracts

Samples: Construction Contract, Architectural Services Agreement

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CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS. 6.1 OWNER'S ’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTSCONTRA § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's Pro own forces forces, and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, identical or substantially similar, similar to these including those t portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3.pro § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's ’s own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do soschedules. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's ’s own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, Articles 10, 11 and 12.

Appears in 1 contract

Samples: Construction Contract

CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS. 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces forces, and to award separate contracts in connection with other portions of the Project or other construction of or operations on the site under Conditions conditions of the Contract identical, contract identical or substantially similarsimilar to these, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner–Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided elsewhere in the Contract Documents, when . 12.2 The Contractor shall afford the Owner performs and separate contractors reasonable opportunity for the introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 12.3 If any of the Contractor's Work depends for proper execution or operations related results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Project Architect/Engineer any apparent discrepancies or defects in such work that renders it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his work except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's work. 12.4 Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor by agreement or arbitration, if he will so settle. If such separate contractor sues the Owner's own forcesOwner or initiates an arbitration proceeding on account of any damage alleged to have been so sustained, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to notify the Contractor under who shall defend such proceeding at the Conditions of Contractor's expense, and if any judgment or award against the ContractOwner arises therefrom, includingthe Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and court and arbitration costs which the Owner has incurred. 12.5 Costs caused by delays, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12improperly timed activities or defective construction shall be borne by the party responsible therefor.

Appears in 1 contract

Samples: Construction Contract

CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS. 6.1 OWNER'S ’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's ’s own forces forces, and to award separate contracts in connection with other portions of the Project or other construction of or operations on the site under Conditions of the Contract identical, identical or substantially similar, similar to these including those portions related to insurance and waiver of subrogation. If the XXXX Contractor claims that delay or additional cost is involved because of such action by the Owner, the XXXX Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of or operations on the site, the term "“XXXX Contractor" in the Contract Documents in each case shall mean the XXXX Contractor who executes each separate Owner-XXXX Contractor Agreement. 6.1.3 The Owner or Architect shall provide for coordination of the activities of the Owner's ’s own forces and of each separate contractor XXXX Contractor with the Work of the XXXX Contractor, who shall cooperate with them. The XXXX Contractor shall participate with the other separate contractors Contractors, the Owners’ forces and the Owner in reviewing their and coordinating the construction schedules when directed to do soWork and schedules. The XXXX Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the XXXX Contractor, separate contractors Contractors and the Owner until subsequently revised. The XXXX Contractor shall complete the Work correctly and at the proper time and not delay or cause additional expense to another XXXX Contractor. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's ’s own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the XXXX Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12.

Appears in 1 contract

Samples: Contract for Construction Manager at Risk

CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS. 6.1 OWNER'S ’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's ’s own forces forces, and to award separate contracts in connection with other portions of the Project or other construction of or operations on the site under Conditions of the Contract identical, identical or substantially similar, similar to these including those portions related to insurance and waiver Waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's ’s own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's ’s own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, Articles 10, 11 11, and 12. 6.1.5 When the Owner performs construction or operations related to the Project with the Owner’s own forces or under a separate contract for a portion of the Work included in the Contractor’s original bid, the Contractor is no longer eligible for payment for that portion of the Work.

Appears in 1 contract

Samples: Construction Contract

CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS. 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTSOwner’s Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner's ’s own forces forces, and to award separate contracts in connection with other portions of the Project or other construction of operations on the site Separate Contractors retained under Conditions of the Contract identicalsubstantially similar to those of this Contract, or substantially similar, to these including those portions provisions of the Conditions of the Contract related to insurance and waiver of subrogation. If Contractor agrees to allow access to the Contractor claims that delay or additional cost is involved because Project site and all areas of such action the Work as may be reasonably necessary for the performance of work by the Ownerothers, the Contractor including, without limitation, storage of materials and equipment, use of vertical transportation and connection to utilities and services. Such parties shall make such Claim as provided in Paragraph 4.3abide by all safety program requirements of Contractor. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's ’s own forces and of each separate contractor Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors any Separate Contractors and the Owner in reviewing their construction schedules when directed to do soschedules. The Contractor shall make any revisions to the its construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors Separate Contractors, and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's ’s own forcesforces or with Separate Contractors, the Owner or its Separate Contractors shall be deemed to be subject to have the same obligations and to have the same rights which apply to that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 6, and Articles, Articles 10, 11 11, and 12.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Construction Manager as Constructor

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CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS. 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces forces, and to award separate contracts in connection with other portions of the Project or other construction of or operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3site. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of or operations on the site, the term "ContractorConstruction Manager" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner Construction Manager shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the ContractorConstruction Manager, who shall cooperate with them. The Contractor Construction Manager shall participate with other separate contractors and the Owner Development Manager in reviewing their construction schedules when directed to do so. The Contractor Construction Manager shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the ContractorConstruction Manager, separate contractors and the Owner until subsequently revised. Owner's contracts with such other contractors shall delegate such coordination responsibility to Construction Manager. In addition, any such separate contract to be assigned to Construction Manager shall be in accordance with Section 2.5 of the Agreement. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor Construction Manager under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, Articles 10, 11 and 12.

Appears in 1 contract

Samples: Construction Manager Agreement (Chukchansi Economic Development Authority)

CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS. 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS Paragraph 6.1.1 of the General Conditions is amended to read as follows: “The Owner reserves the right to perform construction or other operations related to the Project with the Owner's ’s own forces forces, and to award separate contracts in connection with other portions of the Project or other construction of or operations on the site.” 6.2 Paragraph 6.1.5 is added to the General Conditions to provide as follows: “Contractor acknowledges that the Owner may elect to employ another contractor to perform site under Conditions work on the Project site. Such work may include, but may not be limited to, clearing and grubbing, rough grading, finish grading, building pad preparation, and other related items of work. In such event Contractor agrees to coordinate and cooperate fully with the site work contractor so as to cause no interference with, or delay to, the work of said contractor. This duty includes, but is not limited to, the duty to share and coordinate construction schedules, delivery schedules, and any and all information necessary for the proper and timely performance of the Contract identicalWork or the site work. Upon completion of the site work, or substantially similar, to these including those portions related to insurance and waiver any designated portion of subrogation. If the Contractor claims that delay or additional cost is involved because of such action same as designated by the OwnerOwner or the Architect, the Contractor shall make meet with the Owner or the Architect and inspect such Claim as provided site work to determine whether or not it has been installed in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions accordance with the requirements of the Project or other construction Contract Documents. Upon completion of operations on the sitesuch inspection, the term "Contractor" Contractor shall notify the Owner and Architect in writing of any and all deviations or variances from the requirements of the site work or the Contract Documents observable from an inspection of the site. Except as to the extent set forth in each case shall mean such notice, the Contractor who executes each separate Owner–shall be deemed to have accepted the site work, or designated portion of same. Such acceptance shall further constitute an acknowledgment and agreement by the Contractor Agreement. 6.1.3 The Owner shall provide that it will take and assume full responsibility for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions subsequent damage to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used site work caused by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documentsany of its subcontractors, when the Owner performs construction suppliers, or operations related to others on the Project with for the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions benefit of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12Contractor.

Appears in 1 contract

Samples: Contract Addendum

CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS. 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces forces, and to award separate contracts in connection with other portions of the Project or other construction of or operations on the site under Conditions of the Contract identical, identical or substantially similar, similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3Article 15. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do soschedules. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and ArticlesArticles I 0, 10, 11 II and 12.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Contractor (STAMPS.COM Inc)

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