Common use of Design Work Clause in Contracts

Design Work. 2A.1 (Application) This clause 2A only applies where a part of the Works is to be designed by the Contractor. 2A.2 (Primary obligation) Where any part of the Works: has been designed by the Contractor, the Contractor must ensure, and warrants and represents, that such part of the Works has been designed and will be constructed in accordance with the requirements of the Contract; is to be designed by the Contractor, the Contractor must design and construct this part of the Works in accordance with the requirements of the Contract, so that this part of the Works, when completed, is fit for the purpose stated in or to be reasonably inferred from the Contract. 2A.3 (Discrepancies) Notwithstanding clause 5, the Contractor shall not be entitled to an adjustment of the contract sum for any inconsistency, ambiguity or discrepancy in any document prepared by or on behalf of the Contractor for the purpose of carrying out WUC or between such a document and any other document prepared for the purpose of carrying out WUC. 2A.4 (Professional indemnity insurance) In addition to the insurances required elsewhere in the Contract, the Contractor must before commencing WUC, effect and maintain professional indemnity insurance with levels of cover not less than stated in Item 9A. The Contractor shall ensure that every design consultant engaged by the Contractor in connection with WUC, effects and maintains professional indemnity insurance with equivalent levels of cover. The insurance shall be maintained by the Contractor and the Contractor’s consultants until the final certificate is issued and thereafter for a period of 6 years.

Design Work. 2A.1 (Application) This clause 2A only applies where a part of the Works is to be designed by the Contractor. 2A.2 (Primary obligation) Where any part of the Works: has been designed by the Contractor, the Contractor must ensure, and warrants and represents, that such part of the Works has been designed and will be constructed in accordance with the requirements of the Contract; is to be designed by the Contractor, the Contractor must design and construct this part of the Works in accordance with the requirements of the Contract, so that this part of the Works, when completed, is fit for the purpose stated in or to be reasonably inferred from the Contract. 2A.3 (Discrepancies) Notwithstanding clause 5, the Contractor shall not be entitled to an adjustment of the contract sum for any inconsistency, ambiguity or discrepancy in any document prepared by or on behalf of the Contractor for the purpose of carrying out WUC or between such a document and any other document prepared for the purpose of carrying out WUC. 2A.4 (Professional indemnity insurance) In addition to the insurances required elsewhere in the Contract, the Contractor must before commencing WUC, effect and maintain professional indemnity insurance with levels of cover not less than stated in Item 9A. The Contractor shall ensure that every design consultant engaged by the Contractor in connection with WUC, effects and maintains professional indemnity insurance with equivalent levels of cover. The insurance shall be maintained by the Contractor and the Contractorcontractor’s consultants until the final certificate is issued and thereafter for a period of 6 years. 2A.5 (Intellectual property rights in design) The Contractor warrants that the Contractor’s design documents and any design, materials, documents and methods of working provided by the Contractor, shall not infringe any patent, registered design, trademark or name, copyright or other protected right and indemnifies the other Principal against such respective infringements. The Contractor grants to the Principal an irrevocable licence to use the Contractor’s design documents for WUC. Such licence shall also include any subsequent repairs to, maintenance or servicing of (including the supply of replacement parts), or additions or alterations to, the Works and the copying of the documents for such purposes.

Design Work. 2A.1 (Application) This clause 2A only applies where a part of the Works is to be designed by the Contractor. 2A.2 (Primary obligation) Where any part of the Works: has been designed by the Contractor, the Contractor must ensure, and warrants and represents, that such part of the Works has been designed and will be constructed in accordance with the requirements of the Contract; is to be designed by the Contractor, the Contractor must design and construct this part of the Works in accordance with the requirements of the Contract, so that this part of the Works, when completed, is fit for the purpose stated in or to be reasonably inferred from the Contract. 2A.3 (Discrepancies) Notwithstanding clause 5, the Contractor shall not be entitled to an adjustment of the contract sum for any inconsistency, ambiguity or discrepancy in any document prepared by or on behalf of the Contractor for the purpose of carrying out WUC or between such a document and any other document prepared for the purpose of carrying out WUC. 2A.4 (Professional indemnity insurance) In addition to the insurances required elsewhere in the Contract, the Contractor must before commencing WUC, effect and maintain professional indemnity insurance with levels of cover not less than stated in Item 9A. The Contractor shall ensure that every design consultant engaged by the Contractor in connection with WUC, effects and maintains professional indemnity insurance with equivalent levels of cover. The insurance shall be maintained by the Contractor and the Contractorcontractor’s consultants until the final certificate is issued and thereafter for a period of 6 years. 2A.5 (Intellectual property rights in design) The Contractor warrants that the Contractor’s design documents and any design, materials, documents and methods of working provided by the Contractor, shall not infringe any patent, registered design, trademark or name, copyright or other protected right and indemnifies the other Principal against such respective infringements. The Contractor grants to the Principal an irrevocable licence to use the Contractor’s design documents for WUC. Such licence shall also include any subsequent repairs to, maintenance or servicing of (including the supply of replacement parts), or additions or alterations to, the Works and the copying of the documents for such purposes