Common use of Evaluations of the Work Clause in Contracts

Evaluations of the Work. § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction progress and quality of the portion of the Work completed, and to determine if the Work is with the Contract Documents. However, the Architect shall not be required to make exhaus inspections to check the quality or quantity of the Work. On the basis of the site visits, the Owner informed in writing of the progress and quality of the portion of the Work complete Owner (1) known deviations from the Contract Documents and from the most recent constr § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. If the Architect does not reject non-conforming work, the Architect shall demand in writing that the Contractor bring the non-conforming Work into compliance with the Contract Documents; and, if the Contractor’s efforts to do so are not begun and completed expeditiously, the Architect shall report that failure to the Owner in writing, stating: (a) the problem; (b) the reasons for the actions taken by the Architect; (c) what, if any, response has been forthcoming from § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the requirements indicated in or reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawings. Where approved in writing by the Owner in advance, the Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. To the extent the Contract Documents do not permit the Owner to make final decisions on aesthetic matters, then this Section shall be deemed modified by requiring the Architect to consult the Owner before making a decision on matters relating to aesthetic effect. To the extent that the Contract Documents permit the Owner to make final decisions on aesthetic matters, this Section shall be of no effect. This Section shall control over Section 4.2.13 in the General Conditions. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007 (as amended and supplemented with city made modifications), the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents.

Appears in 3 contracts

Samples: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect

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Evaluations of the Work. § 3.6.2.1 The Architect and its consultants shall visit the Project site at intervals appropriate to the stage of construction construction, to become generally familiar with the progress and quality of the portion of the Work completed, to endeavor to guard the Owner against defects and deficiencies in the Work, and to determine if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect Parties shall not be required to make exhaus exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, and as otherwise or also known to the Architect, the Architect shall keep the Owner reasonably informed in writing of about the progress and quality of the portion of the Work complete completed, and promptly report to the Owner in writing (1) known or suspected deviations from the Contract Documents and Documents, (2) known or suspected deviations from the most recent constrconstruction schedule, (3) known or suspected defects and deficiencies observed in the Work, and (4) known or suspected errors, omissions, or inconsistencies in the Construction Documents. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. If Documents and to require inspection or testing of the Architect does not reject non-conforming work, Work in accordance with the Architect shall demand in writing that the Contractor bring the non-conforming Work into compliance with provisions of the Contract Documents; , whether or not the Work is fabricated, installed, or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. Architect shall advise and obtain the consent of Owner prior to rejecting any Work and prior to requiring any inspection or testing of the Work. If Architect is to observe tests, inspections, or approvals required by the Contract Documents, Architect will do so promptly and, if where applicable, at the Contractor’s efforts to do so are not begun and completed expeditiously, the Architect shall report that failure to the Owner in writing, stating: (a) the problem; (b) the reasons for the actions taken by the Architect; (c) what, if any, response has been forthcoming fromplace of testing. § 3.6.2.3 The Architect shall interpret and decide and advise with respect to matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the requirements indicated in in, or reasonably inferable from from, the Contract Documents and shall be in writing or in the form of Drawingsdrawings. Where approved in writing by the Owner in advanceWhen making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if approved by Owner and consistent with the intent expressed in the Contract Documents. To the extent the Contract Documents do not permit the Owner to make final decisions on aesthetic matters, then this Section shall be deemed modified by requiring the Architect to consult the Owner before making a decision on matters relating to aesthetic effect. To the extent that the Contract Documents permit the Owner to make final decisions on aesthetic matters, this Section shall be of no effect. This Section shall control over Section 4.2.13 in the General Conditions. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007 (as amended and supplemented with city made modifications)the General Conditions, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.2.6 Unless otherwise approved by Owner in writing, the Architect Parties shall schedule their site visits to coincide with the Owner, Architect, and Contractor meetings ("OAC Meetings") and provide written reports in accordance with Section 3.1.8 herein to Owner within seven (7) days of the site visit. In addition to the OAC Meetings,

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect

Evaluations of the Work. § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaus exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed in writing of about the progress and quality of the portion of the Work complete completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent constrconstruction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. If Whenever the Architect does not reject non-conforming workconsiders it necessary or advisable, the Architect shall demand have the authority to require inspection or testing of the Work in writing that accordance with the Contractor bring the non-conforming Work into compliance with provisions of the Contract Documents; and, if whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor’s efforts to do so are not begun , Subcontractors, material and completed expeditiouslyequipment suppliers, their agents or employees or other persons or entities performing portions of the Architect shall report that failure to the Owner in writing, stating: (a) the problem; (b) the reasons for the actions taken by the Architect; (c) what, if any, response has been forthcoming fromWork. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the requirements indicated in or intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawingsdrawings. Where approved in writing by the Owner in advanceWhen making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. To the extent the Contract Documents do not permit the Owner to make final decisions on aesthetic matters, then this Section shall be deemed modified by requiring the Architect to consult the Owner before making a decision on matters relating to aesthetic effect. To the extent that the Contract Documents permit the Owner to make final decisions on aesthetic matters, this Section shall be of no effect. This Section shall control over Section 4.2.13 in the General Conditions. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007 (as amended and supplemented with city made modifications)A201–2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents.

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect

Evaluations of the Work. § 3.6.2.1 2.6.2.1 The Architect Architect, as a representative of the Owner, shall visit the site at intervals appropriate set forth in Exhibit A, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become generally familiar with and to keep the stage of construction Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaus exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visitsThe Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. 2.6.2.2 The Architect shall report to the Owner informed in writing of the progress and quality of the portion of the Work complete Owner (1) known deviations from the Contract Documents and from the most recent constr § 3.6.2.2 construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect has shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specifically authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect’s consultants shall be through the Architect. 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. If Whenever the Architect does not reject non-conforming workconsiders it necessary or advisable, and after consultation with the Owner, the Architect shall demand will have authority to require inspection or testing of the Work in writing that accordance with the Contractor bring the non-conforming Work into compliance with provisions of the Contract Documents; and, if the Contractor’s efforts to do so are whether or not begun and completed expeditiouslysuch Work is fabricated, the Architect shall report that failure to the Owner in writinginstalled or completed. However, stating: (a) the problem; (b) the reasons for the actions taken by the Architect; (c) what, if any, response has been forthcoming from § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall be consistent with the requirements indicated in give rise to a duty or reasonably inferable from the Contract Documents and shall be in writing or in the form responsibility of Drawings. Where approved in writing by the Owner in advance, the Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. To the extent the Contract Documents do not permit the Owner to make final decisions on aesthetic matters, then this Section shall be deemed modified by requiring the Architect to consult the Owner before making a decision on matters relating to aesthetic effect. To Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the extent that the Contract Documents permit the Owner to make final decisions on aesthetic matters, this Section shall be of no effect. This Section shall control over Section 4.2.13 in the General ConditionsWork. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007 (as amended and supplemented with city made modifications), the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents.

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Contractor, Standard Form of Agreement Between Owner and Architect (Old Evangeline Downs Capital Corp)

Evaluations of the Work. § 3.6.2.1 2.6.2.1 The Architect Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of construction the Contractor’s operations (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaus exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visitsThe Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. 2.6.2.2 The Architect shall report to the Owner informed in writing of the progress and quality of the portion of the Work complete Owner (1) known deviations from the Contract Documents and from the most recent constrconstruction schedule submitted by the Contractor. § 3.6.2.2 2.6.2.3 The Architect has shall at all times have access to the Work wherever it is in preparation or progress. 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect’s consultants shall be through the Architect. 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. If Whenever the Architect does not reject non-conforming workconsiders it necessary or advisable, the Architect shall demand will have authority to require inspection or testing of the Work in writing that accordance with the Contractor bring the non-conforming Work into compliance with provisions of the Contract Documents; and, if the Contractor’s efforts to do so are whether or not begun and completed expeditiouslysuch Work is fabricated, the Architect shall report that failure to the Owner in writinginstalled or completed. However, stating: (a) the problem; (b) the reasons for the actions taken by the Architect; (c) what, if any, response has been forthcoming from § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall be consistent with the requirements indicated in give rise to a duty or reasonably inferable from the Contract Documents and shall be in writing or in the form responsibility of Drawings. Where approved in writing by the Owner in advance, the Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. To the extent the Contract Documents do not permit the Owner to make final decisions on aesthetic matters, then this Section shall be deemed modified by requiring the Architect to consult the Owner before making a decision on matters relating to aesthetic effect. To Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the extent that the Contract Documents permit the Owner to make final decisions on aesthetic matters, this Section shall be of no effect. This Section shall control over Section 4.2.13 in the General ConditionsWork. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007 (as amended and supplemented with city made modifications), the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents.

Appears in 2 contracts

Samples: Agreement Between Owner and Architect, Agreement Between Owner and Architect

Evaluations of the Work. § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction progress and quality of the portion of the Work completed, and to determine if the Work is with the Contract Documents. However, the Architect shall not be required to make exhaus inspections to check the quality or quantity of the Work. On the basis of the site visits, the Owner informed in writing of the progress and quality of the portion of the Work complete Owner (1) known deviations from the Contract Documents and from the most recent constr § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. If the Architect does not reject non-conforming work, the Architect shall demand in writing that the Contractor bring the non-conforming Work into compliance with the Contract Documents; and, if the Contractor’s efforts to do so are not begun and completed expeditiously, the Architect shall report that failure to the Owner in writing, stating: (a) the problem; (b) the reasons for the actions taken by the Architect; (c) what, if any, response has been forthcoming from § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the requirements indicated in or reasonably inferable from the Contract Contact Documents and shall be in writing or in the form of Drawings. Where approved in writing by the Owner in advance, the Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. To the extent the Contract Documents do not permit the Owner to make final decisions on aesthetic matters, then this Section shall be deemed modified by requiring the Architect to consult the Owner before making a decision on matters relating to aesthetic effect. To the extent that the Contract Documents permit the Owner to make final decisions on aesthetic matters, this Section shall be of no effect. This Section shall control over Section 4.2.13 in the General Conditions. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007 (as amended and supplemented with city made modifications), the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents.

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect

Evaluations of the Work. § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction progress and quality of the portion of the Work completedconstructio required in Section 4.3.3, and to determine if the Work is become generally familiar with the Contract Documents. However, the Architect shall not be required to make exhaus inspections to check the quality or quantity of the Work. On the basis of the site visits, the Owner informed in writing of the progress and quality of the portion of completed, and to determine, in general, if the Work complete Owner (1) known deviations from the Contract Documents and from the most recent constrobserved is being performed in a man § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. If Whenever the Architect does not reject non-conforming workconsiders it necessary or advisable, the Architect shall demand have the authority to require inspection or testing of the Work in writing that accordance with the Contractor bring the non-conforming Work into compliance with provisions of the Contract Documents; and, if whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor’s efforts to do so are not begun , Subcontractors, material and completed expeditiouslyequipment suppliers, their agents or employees or other persons or entities performing portions of the Architect shall report that failure to the Owner in writing, stating: (a) the problem; (b) the reasons for the actions taken by the Architect; (c) what, if any, response has been forthcoming fromWork. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the requirements indicated in or intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawingsdrawings. Where approved in writing by the Owner in advanceWhen making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. To the extent the Contract Documents do not permit the Owner to make final decisions on aesthetic matters, then this Section shall be deemed modified by requiring the Architect to consult the Owner before making a decision on matters relating to aesthetic effect. To the extent that the Contract Documents permit the Owner to make final decisions on aesthetic matters, this Section shall be of no effect. This Section shall control over Section 4.2.13 in the General Conditions. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007 (as amended and supplemented with city made modifications)A201–2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents.

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Architect for a Large or Complex Project, Standard Form of Agreement Between Owner and Architect for a Large or Complex Project

Evaluations of the Work. § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction construction, or as otherwise required in Section 4.3.3, to become familiar with and keep the Owner informed about the progress and quality of the portion of the Work completed, and to determine determine, if the Work observed is being performed in a manner indicating that the Work will be in accordance with the Contract DocumentsDocuments and applicable law. However, the Architect shall not be required to make exhaus exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed in writing of about the progress and quality of the portion of the Work complete completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent constrconstruction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will promptly submit to the Owner a detailed written report subsequent to each on-site visit. Such reports shall address, among other things, the progress and quality of the Work and conformity of the Work with the Construction Documents in accordance with the scope set forth in this paragraph. These reports shall outline the progress of the Work and detail any problems or deviations from the Contract Documents together with recommended solutions to such problems or deviations so as to guard the Owner against defects and deficiencies in the Work specified in the Construction Documents. § 3.6.2.2 The Architect has the authority and responsibility to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority and responsibility of the Architect nor a decision made in good faith relating to this authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. If the Architect does not reject non-conforming workWork, the Architect shall demand in writing that the Contractor bring the non-conforming Work into compliance with the Contract Documents; and, if the Contractor’s efforts to do so are not begun and completed expeditiously, the Architect shall report that failure to the Owner in writing, stating: (a) the problem; (b) the reasons for the actions taken by the Architect; (c) what, if any, response has been forthcoming fromfrom the Contractor; and (d) what actions by the Owner and/or Contractor are needed or expected. § 3.6.2.3 The Architect shall interpret and decide matters advise the Owner of the interpretation concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. Nothing in this Agreement, nor in A201-2007 (as amended), shall make a decision of the Architect binding upon the Owner in the absence of the Owner’s express written approval thereof in writing. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the requirements indicated in or intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawingsdrawings. Where When approved in writing in advance by the Owner in advanceOwner, the Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. To the extent the Contract Documents do not permit the Owner to make final decisions on aesthetic matters, then this Section shall be deemed modified by requiring the Architect to consult the Owner before making a decision on matters relating to aesthetic effect. To the extent that the Contract Documents permit the Owner to make final decisions on aesthetic matters, this Section shall be of no effect. This Section shall control over Section 4.2.13 in the General Conditions. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007 (as amended and supplemented with city made modifications), the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents.[Intentionally omitted]

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect (Nu Skin Enterprises Inc)

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Evaluations of the Work. § 3.6.2.1 3.7.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction construction, both as the Architect deems necessary and as required by the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaus inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner promptly informed in writing of the progress and quality of the portion of the Work complete Owner (1) known deviations from the Contract Documents and from the most recent constrWork § 3.6.2.2 3.7.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. If Whenever the Architect does not reject non-conforming workconsiders it necessary or advisable, the Architect shall demand have authority to require inspection or testing of the Work in writing that accordance with the Contractor bring the non-conforming Work into compliance with provisions of the Contract Documents; and, if whether or not such Work is fabricated, installed or completed. The Architect shall also recommend substitution of materials or equipment when, in the Architect’s reasonable judgment, such action is necessary to the accomplishment of the intent and purpose of the Contract Documents. Such actions as are described in this paragraph shall be taken with reasonable promptness. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor’s efforts to do so are not begun , Subcontractors, material and completed expeditiouslyequipment suppliers, their agents or employees or other persons performing portions of the Work. 3.7.2.3 The Architect shall report that failure also make such regular reports as shall be required by agencies having jurisdiction over the Project and keep the Owner informed in writing of the progress of the Project. 3.7.2.4 The Architect shall provide advice to the Owner on apparent deficiencies in writing, stating: (a) construction during the problem; (b) the reasons for the actions taken by the Architect; (c) what, if any, response has been forthcoming fromconstruction phase. § 3.6.2.3 3.7.2.5 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. The Owner will be the final interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by the Contractor. The Owner shall not disregard the Architect’s interpretation without good cause. § 3.6.2.4 3.7.2.6 Interpretations and decisions of the Architect shall be consistent with the requirements indicated in or intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawingsdrawings. Where approved in writing by the Owner in advanceWhen making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for the results of interpretations or decisions rendered in good faith. 3.7.2.7 The Architect’s 's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. To the extent the Contract Documents do not permit the Owner to make final decisions on aesthetic matters, then this Section shall be deemed modified by requiring the Architect to consult the Owner before making a decision on matters relating to aesthetic effect. To the extent that the Contract Documents permit the Owner to make final decisions on aesthetic matters, this Section shall be of no effect. This Section shall control over Section 4.2.13 in the General Conditions. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007 (as amended and supplemented with city made modifications), the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents.

Appears in 1 contract

Samples: Agreement Between Owner and Architect

Evaluations of the Work. § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction site preparation and construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaus exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed in writing of about the observable progress and quality of the portion of the Work complete completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent constrconstruction schedule submitted by the CM/GC Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has shall advise the authority to reject Owner in writing, regarding a recommendation of rejection of Work that does not conform to the Contract Documents. If Whenever the Architect does not reject non-conforming workconsiders it necessary or advisable, the Architect shall demand have the authority to require inspection or testing of the Work in writing that accordance with the Contractor bring the non-conforming Work into compliance with provisions of the Contract Documents; and, if the Contractor’s efforts to do so are whether or not begun and completed expeditiouslysuch Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall report that failure give rise to a duty or responsibility of the Architect to the Owner in writingCM/GC Contractor, stating: (a) Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the problem; (b) the reasons for the actions taken by the Architect; (c) what, if any, response has been forthcoming fromWork. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or CM/GC Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness, but in any event within one week, unless other time limits are agreed upon. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the requirements indicated in or intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawingsdrawings. Where approved in writing by the Owner in advanceWhen making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and CM/GC Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. To the extent the Contract Documents do not permit the Owner to make final decisions on aesthetic matters, then this Section shall be deemed modified by requiring the Architect to consult the Owner before making a decision on matters relating to aesthetic effect. To the extent that the Contract Documents permit the Owner to make final decisions on aesthetic matters, this Section shall be of no effect. This Section shall control over Section 4.2.13 in the General Conditions. § 3.6.2.5 Unless the Owner and CM/GC Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007 (as amended and supplemented with city made modifications)A201–2007, the Architect shall render initial decisions on Claims between the Owner and CM/GC Contractor as provided in the Contract Documents. § 3.6.3 CERTIFICATES FOR PAYMENT TO CM/GC CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the CM/GC Contractor and shall issue certificates in such amounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data comprising the CM/GC Contractor’s Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the CM/GC Contractor’s right to payment, or (4) ascertained how or for what purpose the CM/GC Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect

Evaluations of the Work. § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction site preparation and construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaus exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed in writing of about the observable progress and quality of the portion of the Work complete completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent constrconstruction schedule, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has shall advise the authority to reject Owner in writing, regarding a recommendation of rejection of Work that does not conform to the Contract Documents. If Whenever the Architect does not reject non-conforming workconsiders it necessary or advisable, the Architect shall demand have the authority to require inspection or testing of the Work in writing that accordance with the Contractor bring the non-conforming Work into compliance with provisions of the Contract Documents; and, if whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor’s efforts to do so are not begun , Subcontractors, material and completed expeditiouslyequipment suppliers, their agents or employees or other persons or entities performing portions of the Architect shall report that failure to the Owner in writing, stating: (a) the problem; (b) the reasons for the actions taken by the Architect; (c) what, if any, response has been forthcoming fromWork. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness, but in any event within one week, unless other time limits are agreed upon. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the requirements indicated in or intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawingsdrawings. Where approved in writing by the Owner in advanceWhen making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. To the extent the Contract Documents do not permit the Owner to make final decisions on aesthetic matters, then this Section shall be deemed modified by requiring the Architect to consult the Owner before making a decision on matters relating to aesthetic effect. To the extent that the Contract Documents permit the Owner to make final decisions on aesthetic matters, this Section shall be of no effect. This Section shall control over Section 4.2.13 in the General Conditions. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007 (as amended and supplemented with city made modifications)A201–2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect for a Large or Complex Project

Evaluations of the Work. § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaus exhaustive or continuous on-site inspections to check the quality or quantity of the Work.However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed in writing of about the progress and quality of the portion of the Work complete completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent constrconstruction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. Although the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work, Architect, or his representative, shall carefully review the quality and quantity of the Work at least on a weekly basis as part of the ativ per uct an Architect’s Basic Services, shall issue written reports of such review and further shall cond as an additional service hereunder at any other time requested by the Owner. At least once shall conduct project meetings with the Contractor, Subcontractor’s and Owner’s Represent y additional review month, Architect es to address any issues as necessary to insure compliance with the Construction Documents and Project Schedules. Architect will prepare monthly meeting minutes and circulate to Owner’s Representatives, Contractor and other attendees. § 3.6.2.2 The Architect has shall advise the Owner ofhas the authority to reject Work that does not conform to the Contract Documents. If Whenever the Architect does not reject non-conforming workconsiders it necessary or advisable, the Architect shall demand reject the Work and/or have the authority to require inspection or testing of the Work in writing that accordance with the Contractor bring the non-conforming Work into compliance with provisions of the Contract Documents; and, if whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor’s efforts to do so are not begun , Subcontractors, material and completed expeditiouslyequipment suppliers, their agents or employees or other persons or entities performing portions of the Architect shall report that failure to the Owner in writing, stating: (a) the problem; (b) the reasons for the actions taken by the Architect; (c) what, if any, response has been forthcoming fromWork. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the requirements indicated in or intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawingsdrawings. Where approved in writing by the Owner in advanceWhen making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s and Owner’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. To the extent the Contract Documents do not permit the Owner to make final decisions on aesthetic matters, then this Section shall be deemed modified by requiring the Architect to consult the Owner before making a decision on matters relating to aesthetic effect. To the extent that the Contract Documents permit the Owner to make final decisions on aesthetic matters, this Section shall be of no effect. This Section shall control over Section 4.2.13 in the General Conditions. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007 (as amended and supplemented with city made modifications)A201–2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect

Evaluations of the Work. § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction site preparation and construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaus exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed in writing of about the observable progress and quality of the portion of the Work complete completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent constrconstruction schedule, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject shall advise the Owner in writing, regarding a recommendation of rejection of Work that does not conform to the Contract Documents. If Whenever the Architect does not reject non-conforming workconsiders it necessary or advisable, the Architect shall demand have the authority to require inspection or testing of the Work in writing that accordance with the Contractor bring the non-conforming Work into compliance with provisions of the Contract Documents; and, if whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor’s efforts to do so are not begun , Subcontractors, material and completed expeditiouslyequipment suppliers, their agents or employees or other persons or entities performing portions of the Architect shall report that failure to the Owner in writing, stating: (a) the problem; (b) the reasons for the actions taken by the Architect; (c) what, if any, response has been forthcoming fromWork. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness, but in any event within one week, unless other time limits are agreed upon. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the requirements indicated in or intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawingsdrawings. Where approved in writing by the Owner in advanceWhen making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. To the extent the Contract Documents do not permit the Owner to make final decisions on aesthetic matters, then this Section shall be deemed modified by requiring the Architect to consult the Owner before making a decision on matters relating to aesthetic effect. To the extent that the Contract Documents permit the Owner to make final decisions on aesthetic matters, this Section shall be of no effect. This Section shall control over Section 4.2.13 in the General Conditions. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007 (as amended and supplemented with city made modifications)A201–2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect for a Large or Complex Project

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