Common use of Developer’s Liability Clause in Contracts

Developer’s Liability. It is expressly understood and agreed that the Town is not and could not be expected to oversee, supervise and/or direct the implementation of all construction and improvements contemplated in this Agreement. The Town is not vested with the original design responsibility or the means to formally survey elevations, capacity, structural integrity, type, adequacy or the locations of improvements at every stage of the construction process. a. The Development Director or his designee may make periodic inspections and has the right to enforce the provisions of this Agreement and Town Regulations. b. The Developer now has and shall retain the responsibility to properly anticipate, survey, design and construct the Project improvements and give full assurance that same shall not adversely affect the flow of surface water from or upon any property. c. In providing technical assistance, plan and design review, the Town does not and shall not relieve the Developer from liability, and the Town does not accept any liability from the Developer. d. The Developer will provide his own Project Engineer whose duties and responsibilities are stated in the General Conditions of the Town Standard Construction Specifications. e. Neither observations by the Town, nor inspections, tests or approvals by others shall relieve the Developer from its obligation to perform work in accordance with Town Regulations and the terms of this Agreement.