Common use of Contractor’s Standard of Care Clause in Contracts

Contractor’s Standard of Care. ‌‌‌ 5.01 The Contractor shall, in the performance of the Work, comply with the standard of care described herein (the “Standard of Care”). Notwithstanding anything to the contrary contained in this Agreement, Owner and Contractor agree and acknowledge that Owner has entered into this Agreement in reliance on Contractor’s special and unique construction abilities to perform its obligations hereunder. The Contractor accepts that, by this Agreement, a relationship of trust and confidence is hereby established between it and the Owner. Contractor understands the complexity involved in this type of construction and the necessity of coordination of the performance of its Work with the Owner and Architect/Engineer. In addition to the foregoing, and in addition to the rights and remedies otherwise existing under this Agreement, at law or in equity, the Contractor will perform, or cause to be performed, all Work expeditiously, and in no event later than is required to conform to the Construction Schedule and the Project Schedule, and shall do so with that degree of professional skill and care practiced by similar firms, having superior knowledge and skill engaged in providing similar services for projects of comparable value in the United States under the same or similar circumstances. The Contractor will furnish efficient business administration and superintendence and perform the Work in such manner as to provide Owner the best value. Contractor shall employ and exercise the professional judgment of its experienced and qualified construction professionals to provide Owner confidence that the Project will be completed in conformity with the design concepts and construction requirements established by Owner. Contractor shall, at all times, exercise exclusive direction and control, and shall be responsible for proper supervision, of all its personnel, Subcontractors and suppliers while present on the Worksite and otherwise.