Common use of Contractor’s Designs, Plans and Schedule Clause in Contracts

Contractor’s Designs, Plans and Schedule. The Contractor may, in accordance with the procedures set out in Schedule 5 (the Design and Plan Certification Process and Review Procedure), amend the Contractor’s Designs, the Contractor’s Management Systems and Plans or the Contractor’s Construction Schedule with the Province’s prior consent, such consent not to be unreasonably withheld (it being reasonable for the Province to withhold consent to any amendment that would result in a material reduction in quality, safety, durability, functionality or aesthetics; in which context “material” means that the Province could reasonably have declined the design on a pass-fail basis had the proposed amendment been submitted during the SR2 phase of the RFP) . If the Contractor asserts that the Province has unreasonably withheld consent, either party may require that the matter be determined by the Dispute Resolution Procedure.

Contractor’s Designs, Plans and Schedule. The Contractor may, in accordance with the procedures set out in Schedule 5 (the Design and Plan Certification Process and Review Procedure), amend the Contractor’s Designs, the Contractor’s Management Systems and Plans or the Contractor’s Construction Schedule with the Province’s prior consent, such consent not to be unreasonably withheld (it being reasonable for the Province to withhold consent to any amendment that would result in a material reduction in quality, safety, durability, functionality or aesthetics; in which context “material” means that the Province could reasonably have declined the design on a pass-fail basis had the proposed amendment been submitted during the SR2 phase of the RFP) . If the Contractor asserts that the Province has unreasonably withheld consent, either party may require that the matter be determined by the Dispute Resolution Procedure.

Contractor’s Designs, Plans and Schedule. ‌ The Contractor may, in accordance with the procedures set out in Schedule 5 (the Design and Plan Certification Process and Review Procedure), amend the Contractor’s Designs, the Contractor’s Management Systems and Plans or the Contractor’s Construction Schedule with the Province’s prior consent, such consent not to be unreasonably withheld (it being reasonable for the Province to withhold consent to any amendment that would result in a material reduction in quality, safety, durability, functionality or aesthetics; in which context “material” means that the Province could reasonably have declined the design on a pass-fail basis had the proposed amendment been submitted during the SR2 phase of the RFP) ). If the Contractor asserts that the Province has unreasonably withheld consent, either party may require that the matter be determined by the Dispute Resolution Procedure.