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.
(i) such specifically defined design work shall be limited to project components ancillary to the main components of the project;
(ii) the design professional shall specify in writing to the delegatee all parameters which the design must satisfy. In the Contract Documents the Design Professional must clearly delineate between the Design Professional’s and the delegatee’s design responsibilities. The Design Professional must review the delegatee’s design, substantiated by signed and sealed calculations, and fully coordinate the delegatee’s design with the overall design of the project;
(iii) the design function shall be required to be performed in accordance with performance specifications established by the design professional and with all applicable codes, laws, rules, and regulations;
(iv) 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 seal any design prepared. At the discretion of the Owner, the Owner may engage a third party to review the delegatee’s work and its conformance with the overall design parameters specified by the design professional. The delegate shall be required to submit all of their work product to the reviewer;
(v) 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;
(vi) 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 determ...
Design Delegation. 2.8.1 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 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, certification or approvals performed by the Designer.
2.8.2 If the Designer is an independent professional, the design services shall be procured pursuant to a separate agreement between the Subcontractor and the Designer. The Subcontractor-Designer agreement shall not provide for any limitation of liability, except to the extent that consequential damages are waived pursuant to Paragraph 4.8, or exclusion from participation in the multiparty proceedings requirement of Paragraph 9.
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.
3.8.2 If the Designer is an independent professional, the design services shall be procured pursuant to a separate agreement between the Subcontractor and the Designer. The Subcontractor Designer agreement shall not provide for any limitation of liability or exclusion from participation in the multiparty proceedings requirement of Paragraph 11.
Design Delegation. Whenever the Contract Documents referenced in this MPA specifically require Vendor to furnish, as part of the performance required by this MPA, design or engineering services or certifications of any kind, Vendor 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. Buyer shall be entitled to rely upon the adequacy, accuracy, and completeness of such services. Vendor 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 $1,000,000 or such greater amount as required by the Contract Documents. Vendor shall indemnify, defend and hold Buyer harmless from all claims, damages or losses, including reasonable attorney’s fees, arising out of or related to any errors or omissions in design.
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.
3.17.2 As required by the Law, Construction Manager shall procure design services and certifications necessary to satisfactorily complete the Work from a licensed design professional. The signature and seal of Construction Manager’s design professional shall appear on all drawings, calculations, specifications, certifications, shop drawings, and other submittals related to the Work designed or certified by Construction Manager’s design professional.
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
4.10.2 If the Designer is an independent professional, the design services shall be procured pursuant to a separate agreement between the Subcontractor and the Designer. The Subcontractor-Designer agreement shall not provide for any limitation of liability or exclusion from
4.10.3 The Subcontractor shall not be required to provide design services in violation of any applicable law.
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 Sub- contractor as permitted by the law of the place where the Project is located. The Designer's signature and seal shall appear on all draw- ings, 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 Contrac- tor. The Contractor shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approv- als performed by the Designer.
4.10.2 If the Designer is an independent professional, the design services shall be procured pursuant to a separate agreement between the Subcontractor and the Designer. The Subcontractor-Designer agreement shall not provide for any limitation of liability or exclusion from participation in the multiparty proceedings requirement of Paragraph 11.
Design Delegation. 4.10.1 If the Subcontract Documents (1) specifically require the Subcontractor to provide design services and (2) specify all designand 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.
4.10.2 If the Designer is an independent professional, the design services shall be procured pursuant to a separate agreement between the Subcontractor and the Designer. The
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.
Design Delegation. 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.
5.3.1 If the Designer is an independent professional, the design services shall be procured pursuant to a separate agreement between the Subcontractor and the Designer. The Subcontractor-Designer agreement shall not provide for any limitation of liability or exclusion from
5.3.2 The Subcontractor shall not be required to provide design services in violation of any applicable law.
