Common use of DESIGN PROFESSIONAL’S SERVICES AND RESPONSIBILITIES Clause in Contracts

DESIGN PROFESSIONAL’S SERVICES AND RESPONSIBILITIES. 3.1 The Design Professional will be the initial interpreter of the intent and requirements of the Construction Documents. Following a written request from the Owner or CM@Risk, the Design Professional shall promptly provide a written interpretation of the intent or requirements of the Construction Documents. These initial interpretations shall be consistent with the intent of the Contract Documents. 3.2 The Design Professional will timely review and approve or take other appropriate action upon the CM@Risk’s submittals, such as shop drawings, product data and samples, to ensure conformance with the Construction Documents. Such action shall be taken with reasonable promptness as specified so as not to cause delay. The Design Professional’s approval of a specific item or component shall not indicate approval of an assembly of which the item is a component. 3.3 Following consultation with the Owner, the Design Professional will take appropriate action to facilitate issuance of amendments or change orders and may authorize minor changes in the Work as defined in Section 10.3. 3.4 The Design Professional and Owner will each have authority to reject any Work which does not conform to the Contract Documents and to require special inspection or testing, but may take such action only after consultation with the other. However, neither the authority to act given to the Design Professional and the Owner under this subparagraph nor any decision made by them in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility by them to the CM@Risk, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 3.5 Based on its observations of the Work and evaluation of applications for payment the Design Professional will have the responsibility to determine the amounts owed to the CM@Risk from time to time under and in accordance with Section 7 of these General Conditions and applicable law.

Appears in 4 contracts

Samples: Construction Manager at Risk Agreement, Construction Manager at Risk Agreement, Construction Manager at Risk Agreement

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DESIGN PROFESSIONAL’S SERVICES AND RESPONSIBILITIES. 3.1 The Design Professional will be the initial interpreter of the intent and requirements of the Construction Documents. Following The Design Professional shall render written initial interpretations with reasonable promptness following a written request from the Owner or CM@Risk, the Design Professional shall promptly provide a written interpretation of the intent or requirements of the Construction DocumentsCM@Risk in that regard. These initial interpretations shall be consistent with the intent of the Contract Documents. 3.2 The Design Professional will timely review and approve or take other appropriate action upon the CM@Risk’s submittals, such as shop drawingsShop Drawings, product data Product Data and samplesSamples, to ensure for conformance with the Construction Documents. Such action shall be taken with reasonable promptness as specified so as not to cause no delay. The Design Professional’s approval of a specific item or component shall not indicate approval of an assembly of which the item is a component. 3.3 Following consultation with the Owner, the Design Professional will take appropriate action to facilitate issuance of amendments or change orders and may authorize minor changes in the Work as defined in Section 10.3. 3.4 The Design Professional and Owner will each have authority to reject any Work which does not conform to the Contract Documents and to require special inspection or testing, testing but may take such action only after consultation with the other. However, neither the authority to act given to the Design Professional and the Owner under this subparagraph nor any decision made by them in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility by them to the CM@Risk, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 3.5 Based on its observations of the Work and evaluation of applications for payment the Design Professional will have the responsibility to determine the amounts owed to the CM@Risk from time to time under and in accordance with Section 7 of these General Conditions and applicable law.

Appears in 2 contracts

Samples: Construction Manager at Risk Agreement, Construction Manager at Risk Agreement (Cm@risk)

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