Evaluations of the Work. § 3.6.2.1 The Architect shall Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with familiar with, and keep the Owner informed about, the progress and quality of the portion of the Work completed, and to determine, in general, 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 Engineer 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 Engineer shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Construction Manager, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to Engineer and the Owner will reject Work that does not conform to the Contract Documents. Whenever the Architect Engineer considers it necessary or advisable, the Architect the Engineer and the Owner shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect the Engineer and the Owner 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 the Engineer or the Owner to the Construction Manager, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, Engineer shall initially interpret matters concerning and requirements of, the Contract Documents on written request of either both the Owner or and Construction Manager. The Architect’s Engineer’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Engineer shall be furnished in compliance with this Section 3.6.2.3, then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until 15 days after written request is made for them. § 3.6.2.4 Interpretations and decisions of the Architect Engineer shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, 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. § 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2017, the Architect Engineer shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents.if requested such the parties as provided in the Contract Documents (see Section 15.2 of the General Conditions).
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 EngineerArchitect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with familiar with, and keep the Owner informed about, the progress and quality of the portion of the Work completed, and to determine, in general, 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 Engineer 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 Engineer shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Construction Manager, and (3) defects and deficiencies observed in the Work.
§ 3.6.2.2 The Architect has the authority to Engineer and the Owner will reject Work that does not conform to the Contract Documents. Whenever the Architect Engineer considers it necessary or advisable, the Architect the Engineer and the Owner shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect the Engineer and the Owner 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 the Engineer or the Owner to the Construction Manager, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work.
§ 3.6.2.3 The Architect shall initially interpret and decide matters concerning performance under, Engineer shall initially interpret matters concerning and requirements of, the Contract Documents on written request of either both the Owner or and Construction Manager. The Architect’s Engineer’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Engineer Architect shall be furnished in compliance with this Section 3.6.2.3, then delay shall not be recognized on account of failure by the Engineer Architect to furnish such interpretations until 15 days after written request is made for them.
§ 3.6.2.4 Interpretations and decisions of the Architect Engineer shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, 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.
§ 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2017, the Architect Engineer shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents.if requested such the parties as provided in the Contract Documents (see Section 15.2 of the General Conditions).
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 Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.34.3.3, to become generally familiar with familiar with, and keep the Owner informed about, the progress and quality of the portion of the Work completed, and to determine, in general, 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 Engineer 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 Engineer shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations Documents and from the most recent construction schedule submitted by the Construction Managerschedule, and (32) defects and deficiencies observed in the Work.
§ 3.6.2.2 The Architect has the authority to Engineer and the Owner will reject Work that does not conform to the Contract Documents. Whenever the Architect Engineer considers it necessary or advisable, the Architect the Engineer and the Owner shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the such Work is fabricated, installed or completed. However, neither this authority of the Architect the Engineer and the Owner 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 the Engineer or the Owner to the Construction Manager, Subcontractors, material and equipment suppliers, their agents or employees, employees or other persons or entities performing portions of the Work.
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, Engineer shall initially interpret matters concerning and requirements of, the Contract Documents on written request of either both the Owner or and Construction Manager. The Architect’s Engineer’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Engineer shall be furnished in compliance with this Section 3.6.2.3, then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until 15 days after written request is made for them.
§ 3.6.2.4 Interpretations and decisions of the Architect Engineer shall be consistent with the intent of, of and reasonably inferable from, from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, 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.
§ 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2017A201–2007, the Architect Engineer shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents.if requested such the parties as provided in the Contract Documents (see Section 15.2 of the General Conditions)Documents.
Appears in 1 contract
Samples: Architect and Consultant Agreement
Evaluations of the Work. § 3.6.2.1 The Architect shall Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with familiar with, and keep the Owner informed about, the progress and quality of the portion of the Work completed, and to determine, in general, 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 Engineer 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 Engineer shall keep the Owner reasonably informed about the observable progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Construction Manager, and (3) defects and deficiencies observed in the Work.
§ 3.6.2.2 The Architect has the authority to Engineer and shall advise the Owner will reject in writing regarding a recommendation of rejection of Work that does not conform to the Contract Documents. Whenever the Architect Engineer considers it necessary or advisable, the Architect the Engineer and the Owner shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect the Engineer and the Owner 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 the Engineer or the Owner to the Construction Manager, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work.
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, Engineer shall initially interpret matters concerning and requirements of, the Contract Documents on written request of either both the Owner or and Construction Manager. The Architect’s Engineer’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Engineer shall be furnished in compliance with this Section 3.6.2.3, then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until 15 days after written request is made for them.
§ 3.6.2.4 Interpretations and decisions of the Architect Engineer shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, 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.
§ 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2017, the Architect Engineer shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents.if requested such the parties as provided in the Contract Documents (see Section 15.2 of the General Conditions).Documents. for
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Evaluations of the Work. § 3.6.2.1 The Architect Architect, utilizing personnel with expertise in the specific disciplines required, shall Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.34.2.3,but not less than every one (1) two (2) weeks or as otherwise agreed by the Owner and the Architect, to become generally familiar with familiar with, and keep observe all reasonably apparent conditions at the Owner informed aboutsite, the progress and quality of the portion of the Work completed, and to determine, in general, 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. The Architect shall review placement and inspect for damage, quality, assembly, and function in order to determine that all work is furniture, fixtures and equipment (FF&E) are in accordance with the requirements of the Contract Documents to the extent the Architect provided services for specifying, selecting, or procuring this equipment FF&E as part of this Agreement. However, the Architect Engineer 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 Engineer shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner in writing, (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Construction ManagerContractor, and (3) defects and deficiencies observed in the Work., and shall prepare and submit notes from job site observations to the Owner within seven (7) calendar days after each site visit. The Architect shall schedule, attend and chair, at the request of the Owner, all job meetings, and pre-construction meetings. Job meetings shall be held weekly unless otherwise provided in the Contract Documents or mutually agreed by the Architect, Owner and Contractor. The Architect shall prepare and distribute minutes of each such meeting to the Owner, Contractor, Clerk of the Works if any, consultants and others as appropriate not later than seven (7) calendar days after the meeting unless mutually agreed otherwise by the Owner and Architect. The Architect shall secure the attendance at job meetings of Architect’s subconsultants and others as appropriate and as reasonably requested by the Owner..
§ 3.6.2.2 The Architect has the authority to Engineer and the Owner will reject Work that does not conform to the Contract DocumentsDocuments and shall immediately report such rejection and the reason for the rejection in writing to the Owner. Whenever the Architect Engineer considers it necessary or advisable, the Architect the Engineer and the Owner shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect the Engineer and the Owner 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 the Engineer or the Owner to the Construction ManagerContractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work.
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, Engineer shall initially interpret matters concerning and requirements of, the Contract Documents on written request of either both the Owner or and Construction Manager. The Architect’s Engineer’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Engineer shall be furnished in compliance with this Section 3.6.2.3, then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until 15 days after written request is made for them.
§ 3.6.2.4 Interpretations and decisions of the Architect Engineer shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, 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.
§ 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2017, the Architect Engineer shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents.if requested such the parties as provided in the Contract Documents (see Section 15.2 of the General Conditions).
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Evaluations of the Work. § 3.6.2.1 The Architect shall Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, construction to become generally familiar with familiar with, and keep the Owner informed about, the progress and quality of the portion of the Work completed, and to determine, in general, 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 Engineer 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 Engineer shall use reasonable care to guard the Owner against defects and deficiencies in the Work, shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Construction ManagerContractor, and (3) defects and deficiencies observed in the Work.
§ 3.6.2.2 The Architect has the authority to Engineer reject Work and the Owner will shall reject Work that does not conform to the Contract Documents. Whenever the Architect Engineer considers it necessary or advisable, the Architect the Engineer and the Owner shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect the Engineer and the Owner 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 the Engineer or the Owner to the Construction ManagerContractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work.
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, Engineer shall initially interpret matters concerning and requirements of, the Contract Documents on written request of either both the Owner or and Construction ManagerContractor. The Architect’s Engineer’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Engineer shall be furnished in compliance with this Section 3.6.2.3, then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until 15 days after written request is made for them.
§ 3.6.2.4 Interpretations and decisions of the Architect Engineer shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Construction ManagerContractor, 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.
§ 3.6.2.5 Unless the Owner and Construction Manager Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2017, the Architect Engineer shall render initial decisions on Claims between the Owner and Construction Manager Contractor as provided in the Contract Documents.if requested such the parties as provided in the Contract Documents (see Section 15.2 of the General Conditions)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 Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.34.3.3, to become generally familiar with familiar with, and keep the Owner informed about, the progress and quality of the portion of the Work completed, and to determine, in general, to endeavor to guard the Owner against defects and deficiencies in the Work, and to 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, subject to Sections, 3.1.10, 3.6.1.3, and 3.6.2.6, the Architect Engineer 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 Engineer shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations Documents and from the most recent construction schedule submitted by the Construction Managerschedule, and (32) defects and deficiencies observed in the Work.
§ 3.6.2.2 The Architect has the authority to Engineer and the Owner will reject Work that does not conform to the Contract Documents. Whenever the Architect Engineer considers it necessary or advisable, the Architect the Engineer and the Owner shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the such Work is fabricated, installed or completed. However, neither this authority of the Architect the Engineer and the Owner 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 the Engineer or the Owner to the Construction Manager, Subcontractors, material and equipment suppliers, their agents or employees, employees or other persons or entities performing portions of the Work.
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, Engineer shall initially interpret matters concerning and requirements of, the Contract Documents on written request of either both the Owner or and Construction Manager. The Architect’s Engineer’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Engineer shall be furnished in compliance with this Section 3.6.2.3, then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until 15 days after written request is made for them.
§ 3.6.2.4 Interpretations and decisions of the Architect Engineer shall be consistent with the intent of, of and reasonably inferable from, from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Construction the ContractorConstruction Manager, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faithfaith and without negligence. The Architect’s decisions decisionsinterpretations on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents.
§ 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2017A201–2007, as modified, the Architect Engineer shall render initial written decisions interpretations on Claims between the Owner and Construction Manager as provided in the Contract Documents.if requested such Documents.
§ 3.6.2.6 Notwithstanding anything contained in this Agreement, particularly Sections 3.6.1.3 and 3.6.2.1, nothing contained in this Agreement shall be construed to limit in any way the parties as provided in Architect’s duties and responsibilities under law, including those duties and responsibilities under 1937 PA 306 and 1980 PA 299. It is understood that the Contract Documents (see Section 15.2 Owner has retained a Construction Manager on this Project. The Agreement between Construction Manager and the Owner shall impose upon the Construction Manager the responsibility for the workmanlike performance of all construction performed on the project and completion of all work required under the subcontract. The Construction Manager Agreement shall require that the Construction Manager inspect the work of the General Conditions)subcontractors as it is being performed to assure that the work performed and the materials furnished are in accordance with the Construction Documents and provide all supervision, services, utilities, etc., which are necessary for the completion of the Project which are not provided through the subcontracts, or by the Owner, or as a reimbursable item.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Evaluations of the Work. § 3.6.2.1 The Architect shall Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.34.32.3, to become generally familiar with familiar with, and keep the Owner informed about, the progress and quality of the portion of the Work completed, and to determine, in general, 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 Engineer 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 Engineer shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations Documents and from the most recent construction schedule submitted by the Construction ManagerContractor, and (32) defects and deficiencies observed in the Work.
§ 3.6.2.2 The Architect has the authority to Engineer and advise the Owner will to reject Work that does not conform to the Contract Documents. Whenever the Architect Engineer considers it necessary or advisable, the Architect the Engineer and the Owner shall have the authority to torecommend that the Owner require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the such Work is fabricated, installed or completed. However, neither this authority of the Architect the Engineer and the Owner nor a decision recommendation made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect the Engineer or the Owner to the Construction ManagerContractor, Subcontractors, material and equipment suppliers, their agents or employees, employees or other persons or entities performing portions of the Work.
§ 3.6.2.3 The Architect shall interpret and decide make recommendations to the Owner matters concerning performance under, Engineer shall initially interpret matters concerning and requirements of, the Contract Documents on written request of either both the Owner or and Construction ManagerContractor. The Architect’s Engineer’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Engineer shall be furnished in compliance with this Section 3.6.2.3, then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until 15 days after written request is made for them.
§ 3.6.2.4 Interpretations and decisions of the Architect Engineer shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, 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.
§ 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2017, the Architect Engineer shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents.if requested such the parties as provided in the Contract Documents (see Section 15.2 of the General Conditions).
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect