Design Delegation. 7.15.1 The Professional may delegate or assign the performance of a professional service through an unlicensed third party, such as a contractor or subcontractor, to another licensee (delegatee). The Professional may not delegate professional services to a contractor or other entity not authorized to provide professional services in the State of New York. These professional services shall only be ancillary to the project. The Owner reserves the right to determine what is ancillary and may disallow this action if the Owner deems the work as not ancillary or not to be in accordance with the terms identified below. The Professional may elect to delegate only ancillary components of a project to the delegatee under the terms and limitations listed below. The Owner reserves the right to determine what is ancillary.
Design Delegation. 3.8.1 If the Subcontract Documents specifically require the Subcontractor to provide design services, the Subcontractor shall provide those design services necessary to satisfactorily complete the Subcontract Work. Design services provided by the Subcontractor shall be procured from licensed design professionals retained by the Subcontractor as permitted by the law of the place where the Project is located (the “Designer”). The Designer's signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by the Designer. Shop Drawings and other submittals related to the Subcontract Work designed or certified by the Designer, if prepared by others, shall bear the Subcontractor's and the Designer's written approvals when submitted to the Contractor. The Contractor shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by the Designer.
Design Delegation. If the Contract Documents require Subcontractor to provide design services, Subcontractor shall provide those design services necessary to satisfactory complete the Subcontract Work. Subcontractor shall procure design services from licensed design professionals (the “Designer”) retained by Subcontractor as permitted by law governing the Project site. Subcontractor shall be responsible for conformance of its design with the information given and the design concept expressed in the Contract Documents. The Designer’s signature and seal shall appear on all drawings, calculations, specifications, certifications, shop drawings, and other submittals prepared by the Designer. Shop drawings and other submittals related to the Subcontract Work designed or certified by the Designer, if prepared by others, shall bear the Subcontractor’s and the Designer’s written approvals when submitted to Contractor. Contractor shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by the Designer. If the Designer is an independent professional, the design services shall be procured pursuant to a separate agreement between Subcontractor and the Designer. The Subcontractor – Designer agreement shall not provide for any limitation of liability inconsistent with Subcontractor’s liability established by the Contract Documents. Subcontractor shall fully identify any Designer in Exhibit B. Subcontractor’s design services shall include providing the design and engineering for the structure, systems machinery and equipment encompassed by Subcontractor’s scope of work. Subcontractor warrants that its design and engineering shall include all applicable specifications and criteria specified by the Contract Documents, shall be sufficient to pass all applicable inspections and testing required by any federal, state or local authorities with jurisdiction of the work (such that the Project may be substantially completed and fit for its intended purpose), and shall comply with all applicable federal, state and local laws and regulations. Subcontractor shall ensure that its design and engineering is completed and submitted for approval within such time as is necessary to allow the Project to remain on schedule. Subcontractor acknowledges that in performing its design and engineering work as provided herein it will not rely upon any specifications or criteria specified in the Contract Documents, but will produce its design and eng...
Design Delegation. 4.10.1 If the Subcontract Documents (1) specifically require the Subcontractor to provide design services and (2) specify all design and performance criteria, the Subcontractor shall provide the design services necessary to satisfactorily complete the Subcontract Work. Design services provided by the Subcontractor shall be procured from licensed, design professionals (the “Designer”) retained by the Subcontractor as permitted by the law of the place where the Project is located. The Designer's signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by the Designer. Shop Drawings and other submittals related to the Subcontract Work designed or certified by the Designer, if prepared by others, shall bear the Subcontractor's and the Designer's written approvals when submitted to the Contractor. The Contractor shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by the Designer.
Design Delegation. 3.8.1 If the Subcontract Documents (a) specifically require the Subcontractor to procure design services, and (b) specify all design and performance criteria, the Subcontractor shall provide those design services necessary to satisfactorily complete the Subcontract Work. As permitted by the laws, rules, and regulations in the jurisdiction where the Project is located, the Subcontractor shall procure such services and any necessary certifications from licensed design professionals. The signature and seal of Subcontractor's design professional shall appear on all drawings, calculations, specifications, certifications, shop drawings, and other submittals related to the Subcontract Work designed or certified by the Subcontractor's design professional. The Constructor shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications, or approvals performed by the Subcontractor's design professional.
Design Delegation i. Subject to the OWNER’s written approval and authorization the CONTRACTOR may delegate or assign the performance of a professional service through an unlicensed third party, such as a contractor or subcontractor, to another licensee (delegatee). The CONTRACTOR may not delegate professional services to a contractor or other entity not authorized to provide professional services in the State of New York. The OWNER may disallow this action if not in accordance with the terms identified below. Such specifically defined design work shall be limited to project components ancillary to the main components of the project, and the OWNER is the sole and exclusive judge in determining which project components are ancillary to the main components of the project;
Design Delegation. 7.15.1 The Professional may delegate or assign the performance of a professional service through an unlicensed third party, such as a contractor or subcontractor, to another licensee (delegatee). The Professional may not delegate professional services to a contractor or other entity not authorized to provide professional services in the State of New York. These professional services shall only be ancillary to the project. The Owner reserves the right to determine what is ancillary and may disallow this action if the Owner deems the work as not ancillary or not to be in accordance with the terms identified below. The Professional may elect to delegate only ancillary components of a project through a non-licenses third party under the following terms and limitations: such specifically defined design work shall be limited to project components ancillary to the main components of the project; the design professional shall specify in writing to the delegatee all parameters which the design must satisfy; the design function shall be required to be performed in accordance with performance specifications established by the design professional; the delegatee shall be required to be licensed or otherwise legally authorized to perform the design work involved and shall be required to sign and certify any design prepared; the design professional shall be required to review and approve the design submitted by the delegatee for conformance with the established specifications and parameters and such determination shall be in writing to the Owner; the design professional shall be required to determine that the design prepared by the delegatee conforms to the overall project design and can be integrated into such design and such determination shall be in writing to the Owner: and the design professional shall retain design responsibility for the Work under in accordance with this Contract document and may not assign or delegate that responsibility.
Design Delegation. 3.8.1 If the Subcontract Documents (a) specifically require the Subcontractor to procure design services, and (b) specify all design and performance criteria, the Subcontractor shall provide those design services necessary to satisfactorily complete the Subcontract Work. As permitted by the laws, rules, and regulations in the jurisdiction where the Project is located, the Subcontractor shall procure such services and any necessary certifications from licensed design professionals. Subcontractor's design professional must be a North Carolina licensed professional engineer with errors and omissions insurance in the amount in accordance with Article 9.2.3. The signature and seal of Subcontractor’s design professional shall appear on all drawings, calculations, specifications, certifications, shop drawings, and other submittals related to the Subcontract Work designed or certified by the Subcontractor’s design professional. The Constructor shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications, or approvals performed by the Subcontractor’s design professional.
Design Delegation. 3.17.1 If the Contract Documents specify that Construction Manager is responsible for the design of a particular system or component to be incorporated into the Project, then Owner shall provide all required performance and design criteria. Construction Manager shall not be responsible for the adequacy of such performance and design criteria.
Design Delegation. Whenever the Contract Documents specifically require the Subcontractor to furnish, as part of its Work, design or engineering services or certifications of any kind, the Subcontractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other Submittals prepared by such professional. The Professional shall be registered in the state of the project location. The Contractor shall be entitled to rely upon the adequacy, accuracy, and completeness of such services. The Subcontractor shall furnish a certificate of insurance from each design professional certifying to professional liability insurance coverage for such design profession in an amount not less than $1.0 million or such greater amount as required by the Contract Documents. The Subcontractor shall defend, indemnify and hold the Contractor harmless from all claims, damages or losses, including reasonable attorneys fees, arising out of or related to any errors or omissions in design, or to any claim for infringement or misappropriation of any other person’s intellectual property arising out of such design, in addition to any other claims for which indemnification is required hereunder.
