Common use of Engineers Responsibility Clause in Contracts

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 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. 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 BRA shall not constitute nor be deemed a release of the responsibility and liability of the ENGINEER, its employees, agents or sub- 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 OWNERBRA. 5.4 The ENGINEER shall inform the OWNER BRA of the construction contractor's failure to perform their work in accordance with the construction contract and shall recommend to the OWNER BRA 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 BRA 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 OWNERBRA. Any such work or materials furnished by the ENGINEER without such written OWNER BRA 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. 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.to 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.