Engineers Responsibility. The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed.
Engineers Responsibility. 5.1 The ENGINEER shall be solely and completely responsible for performing the SERVICES with diligence and in a manner consistent with the level of care and skill ordinarily exercised for professional engineering service in the State of Texas. In the event the ENGINEER fails to perform in such a manner, then ENGINEER SHALL BE RESPONSIBLE FOR ALL DAMAGES AND COSTS ASSOCIATED WITH DEFECTS, FAILURES, ERRORS, OMISSIONS, OR OTHER INSUFFICIENCIES IN THE PROJECT, OR ANY PORTION THEREOF, ATTRIBUTABLE TO SERVICES PROVIDED BY OR THAT SHOULD HAVE BEEN PROVIDED BY THE ENGINEER PURSUANT TO THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THERETO. SUCH COSTS SHALL INCLUDE, BUT NOT BE LIMITED TO: ALL EXPENSES REQUIRED TO SATISFACTORILY COMPLETE NECESSARY ANALYSES TO DETERMINE THE CAUSE OF THE FAILURE; COSTS TO DESIGN CORRECTIVE IMPROVEMENTS; COSTS TO PROVIDE ADDITIONAL CONSTRUCTION PHASE ENGINEERING AND RESIDENT PROJECT REPRESENTATIVE SERVICES ASSOCIATED WITH THE CORRECTIVE IMPROVEMENTS; AND ANY AND ALL CONSTRUCTION AND PROFESSIONAL SERVICES COSTS CAUSED BY, ARISING OUT OF, OR RELATED TO THE REMEDIATION OF THE ERROR, INCLUDING, BUT NOT LIMITED TO: THE COST TO CONSTRUCT ELEMENTS THAT MUST BE REMOVED; THE COST OF DEMOLITION AND DISPOSAL OF MATERIALS; AND THE COST TO MODIFY ELEMENTS OF THE INITIALLY COMPLETED WORK THAT CAN REMAIN.
5.2 Acceptance of the work by OWNER shall not constitute nor be deemed a release of the responsibility and liability of the ENGINEER, its employees, agents or sub- consultants for the accuracy and competency of the ENGINEER’S SERVICES, including but not limited to: work products, computer programs, or other documents, and SERVICES prepared/performed under this AGREEMENT.
5.3 The ENGINEER further agrees to correct programs or documents or re-execute SERVICES as may be required due to the ENGINEER'S development of programs or documents which are found to be in error or contain defects or omissions at no additional costs to the OWNER.
5.4 The ENGINEER shall inform the OWNER of the construction contractor's failure to perform their work in accordance with the construction contract and shall recommend to the OWNER measures to correct such failures and shall approve suggested methods to correct such failure. In addition, the ENGINEER shall recommend withholding payment for such defective work until such failure is corrected.
5.5 It is distinctly understood and agreed that no claim for additional services, extra work completed or materials furnished by t...
Engineers Responsibility. The Engineer shall be responsible for the accuracy of the work for the Project and shall promptly make necessary revisions or corrections resulting from errors, omissions, or negligent acts by the Engineer. No additional compensation will be made to the Engineer for any necessary revisions or corrections resulting from errors, omissions, or negligent acts by the Engineer. The Engineer’s responsibility for all questions arising from design errors and/or omissions will be determined by the Owner or a designee appointed by the Owner. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the Project has been completed.
Engineers Responsibility. The ENGINEER shall be responsible for the professional quality and technical accuracy of all services furnished by the ENGINEER under this Agreement, except for that work provided by OWNER. The ENGINEER shall, without additional compensation, correct or revise any error or deficiencies in his work. Approval of the OWNER of any such work shall not in any way relieve the ENGINEER of responsibility for the technical accuracy and adequacy of said services. The OWNER’s review, approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
Engineers Responsibility. 19.1 The Engineer shall be responsible for the accuracy, completeness, and correctness of work, plans, and data prepared under this Agreement and shall check all such material accordingly for, but not limited to, completeness, missing items, correct multipliers, and consistency.
19.2 Acceptance of the work by the Authority will not relieve the Engineer of the responsibility for subsequent correction of any errors and the clarification of any ambiguities.
19.3 The Engineer shall promptly make necessary revisions or corrections resulting from errors, omissions, or negligent acts without additional compensation.
Engineers Responsibility. 5.1 The ENGINEER shall be solely and completely responsible for performing the SERVICES with diligence and in a manner consistent with the level of care and skill ordinarily exercised for professional engineering service in the State of Texas.
5.2 Acceptance of the work by OWNER shall not constitute nor be deemed a release of the responsibility and liability of the ENGINEER, its employees, agents or sub- consultants for the accuracy and competency of the ENGINEER’S SERVICES, including but not limited to: work products, computer programs, or other documents, and services prepared/performed under this AGREEMENT.
5.3 The ENGINEER further agrees to correct programs or documents or re-execute SERVICES as may be required due to the ENGINEER'S development of programs or documents which are found to be in error or contain defects or omissions at no additional costs to the OWNER.
5.4 The ENGINEER shall inform the OWNER of the construction contractor's failure to perform their work in accordance with the construction contract and shall recommend to the OWNER measures to correct such failures and shall approve suggested methods to correct such failure. In addition, the ENGINEER shall recommend withholding payment for such defective work until such failure is corrected.
5.5 It is distinctly understood and agreed that no claim for additional services, extra work completed or materials furnished by the ENGINEER will be allowed by the OWNER except as provided herein, nor shall the ENGINEER perform any work, provide services or furnish any materials unless such work is first requested and authorized in writing by the OWNER. Any such work or materials furnished by the ENGINEER without such written OWNER request and authorization first being given shall be at the ENGINEER’S own risk, cost, and expense and the ENGINEER hereby agrees and covenants that without such written order, ENGINEER will make no claim for compensation for such work or materials furnished.
Engineers Responsibility. DocuSign Envelope ID: ED57FAE2-481A-4535-A126-CE7F0E526760 PS Contract No. 5478
Engineers Responsibility. In the event the scope of work to be performed under the terms and conditions of this Agreement includes permitting and creation of an initial storm water pollution prevent plan, then and in that event and notwithstanding any provision to the contrary, ENGINEER shall not be responsible or liable for compliance with any storm water discharge requirements at the site other than the preparation of the Notice of Intent for Storm Water Discharge Permit No. 2 applicable to the site and creation of the initial storm water pollution prevent plan for the site.
Engineers Responsibility. The Engineer will render engineering services in accordance with generally accepted and currently recognized engineering practices, procedures and principles. The Engineer makes no other warranty, either express or implied, with respect to its services. Notwithstanding anything to the contrary which may be contained in this Agreement or any other material incorporated herein by reference, or in any agreement between Client and any other party concerning the Project, the Engineer shall not have control or be in charge of, and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, or the safety, safety precautions or programs of the Client, the construction contractor, other contractors or subcontractors performing any of the work or services on the Project. Nor shall the Engineer be responsible for the acts or omissions of Client, or for the failure of Client, or for its other consultants, contractors or subcontractors to carry out their respective responsibilities in accordance with the Project documents, this Agreement, or any other agreement concerning the Project. Any provision which purports to amend this provision shall be without effect unless it contains a reference that the content of this Article III.B is expressly amended for the purposes described in such amendment and is signed by both parties.
Engineers Responsibility
