Common use of Early Start of Construction Clause in Contracts

Early Start of Construction. The following will set forth the circumstances under which certain items, Elements, or phases of the Work may be packaged by Developer to initiate an Early Start of Construction prior to obtaining TxDOT’s concurrence of the Final Design for the item, Element or phase. The Early Start of Construction requirements shall apply to any Work that is performed by Developer prior to receiving TxDOT’s written concurrence with the PSQAM’s Certification of Compliance of the Final Design Submittal for the Work. All such Work is performed at the sole risk of Developer. TxDOT does not consider any items as satisfying the PSQMP requirements until the PSQAM has issued a certification of compliance and TxDOT has issued a written concurrence therewith. TxDOT, at its sole discretion, may defer Early Start of Construction for any portions of the Work as requested by Developer. Any Work constructed by Developer prior to receiving TxDOT’s concurrence of the Final Design Submittal for the Work, and later determined to be unacceptable by TxDOT, in its sole discretion, shall be revised, removed or otherwise reconfigured to the satisfaction of TxDOT at Developer’s sole cost and expense and without any consideration given to an extension of the Completion Deadline. TxDOT and Developer shall agree on procedures for Early Start of Construction, which shall then be documented within the PSQMP. These procedures shall among other things include a process for distributing Construction Documents signed and sealed by a Registered Professional Engineer to TxDOT and Developer’s field staff. In order for Developer to proceed with early phases of construction of a portion of the Work, specific pertinent items of the design shall have been previously reviewed by TxDOT and comments from TxDOT shall have been transmitted to Developer. For example, Early Start of Construction may be rough grading of a specific portion of the Project, for which specific pertinent items of the design may include: a) Horizontal and vertical drainage system b) Typical sections

Early Start of Construction. The following will set forth the circumstances under which certain items, Elementselements, or phases of the Work may be packaged by Developer Design-Build Contractor to initiate an Early Start of Construction prior to obtaining TxDOT’s concurrence of the Final Design for the item, Element element or phase. The “Early Start of Construction Construction” requirements shall apply to any Work that is performed by Developer Design-Build Contractor prior to receiving TxDOTTxDOT and the DQAM’s written concurrence with the PSQAMPSQCM’s Certification certification of Compliance compliance of the Final Design Submittal for the Work. All such Work is performed at the sole risk of DeveloperDesign-Build Contractor. TxDOT does not consider any items as satisfying the PSQMP DQMP requirements until the PSQAM PSQCM has issued a certification of compliance and TxDOT and the DQAM has issued a written concurrence therewith. TxDOT, at its sole discretion, may defer Early Start of Construction for any portions of the Work as requested by DeveloperDesign-Build Contractor. Any Work constructed by Developer Design-Build Contractor prior to receiving TxDOTTxDOT and the DQAM’s concurrence of the Final Design Submittal for the Work, and later determined to be unacceptable by TxDOT, in its sole discretion, shall be revised, removed or otherwise reconfigured to the satisfaction of TxDOT at DeveloperDesign-Build Contractor’s sole cost and expense and without any consideration given to an extension of the Completion Deadline. TxDOT and Developer Design-Build Contractor shall agree on procedures for Early Start of Construction, which shall then be documented within the PSQMP. These procedures shall shall, among other things things, include a process for distributing Construction Documents construction documents signed and sealed by a Registered Professional Engineer to TxDOT and DeveloperDesign-Build Contractor’s field staff. In order for Developer Design-Build Contractor to proceed with early phases of construction of a portion of the Work, specific pertinent items of the design shall have been previously reviewed by TxDOT and comments from TxDOT shall have been transmitted to Developerthe Design-Build Contractor. For example, Early Start of Construction may be rough grading of a specific portion of the Project, for which specific pertinent items of the design may include: a) Horizontal and vertical drainage system b) Typical sections