Design-Builder’s Assumption of Risk of Scope Issues. The Parties acknowledge that the purpose of the Scope Validation Period is to enable Design-Builder to identify those Scope Issues that could not reasonably be identified prior to the Agreement Date. By executing this Agreement, Design-Builder acknowledges that the Scope Validation Period is a reasonable time to enable Design-Builder to identify Scope Issues that will materially impact Design-Builder’s price or time to perform the Work. After the expiration of the Scope Validation Period, with the sole exception of those Scope Issues made the subject of a General Notice during the Scope Validation Period and subject to valid requests for Work Orders in accordance with Section 2.2.3 above, the Parties agree as follows:
Design-Builder’s Assumption of Risk of Scope Issues. The Parties acknowledge that the purpose of the Design Verification Period is to enable Design- Builder to identify those Scope Issues that could not reasonably be identified prior to the Agreement Date. Notwithstanding anything to the contrary in the Contract Documents, the Scope Validation Period has not been established for the purpose of enabling
(1) Design-Builder shall assume and accept all risks, costs, and responsibilities of any Scope Issue arising from or relating to the Contract Documents, including but not limited to conflicts within or between the RFP Documents and Proposal;
(2) Design-Builder shall be deemed to have warranted that the Contract Documents existing as of the end of the Scope Validation Period are sufficient to enable Design-Builder to complete the design and construction of the Project without any increase in the Contract Sum or extension to the Guaranteed Completion Date(s); and
(3) Owner disclaims any responsibility for, and Design-Builder waives its right to seek any increase in the Contract Sum or extension to the Guaranteed Completion Date(s) for, any Scope Issue associated with any of the Contract Documents, including the RFP Documents.
Design-Builder’s Assumption of Risk of Scope Issues. The Parties acknowledge that the purpose of the Design Verification Period is to enable Design- Builder to identify those Scope Issues that could not reasonably be identified prior to the Agreement Date. Notwithstanding anything to the contrary in the Contract Documents, the Scope Validation Period has not been established for the purpose of enabling Design- Builder to offer Value Engineering Change Proposals, and the term “Scope Issue” is not to intended to include Value Engineering Change Proposals. Value Engineering Change Proposals are be offered and administered in accordance with Article 26. By executing this Agreement, Design-Builder acknowledges that the Design Verification Period is a reasonable time to enable Design-Builder to identify Scope Issues that will materially impact Design-Builder’s price or time to perform the Work. Following completion of the Scope Validation Period, with the sole exception of those Scope Issues identified during the Scope Validation Period and identified to Owner in accordance with Section 3.3.5.1, the Parties agree as follows:
(1) Design-Builder shall assume and accept all risks, costs, and responsibilities of any Scope Issue arising from or relating to the Contract Documents, including but not limited to conflicts within or between the RFP Documents and Proposal;
(2) Design-Builder shall be deemed to have warranted that the Contract Documents existing as of the end of the Scope Validation Period are sufficient to enable Design-Builder to complete the design and construction of the Project without any increase in the Contract Sum or extension to the Guaranteed Completion Date(s); and
(3) Owner disclaims any responsibility for, and Design-Builder waives its right to seek any increase in the Contract Sum or extension to the Guaranteed Completion Date(s) for, any Scope Issue associated with any of the Contract Documents, including the RFP Documents.
