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, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, 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, 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 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 shall advise the Owner in writing regarding a recommendation of rejection of 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 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 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, and requirements of, the Contract Documents on written request of either the Owner or Construction Manager. 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 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 shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents. for

Evaluations of the Work. § 3.6.2.1 The Architect shall 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 the progress and quality of the portion of the Work completed, to guard the Owner against defects and deficiencies and to determinedetermine , 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 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 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 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 shall advise has the Owner in writing regarding a recommendation of rejection of authority 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 the 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 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, and requirements of, the Contract Documents on written request of either the Owner or Construction Manager. 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 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 shall render initial written decisions interpretations on Claims between the Owner and Construction Manager as provided in the Contract 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 Architect’s duties and responsibilities under law, including those duties and responsibilities under 1937 PA 306 and 1980 PA 299. forIt is understood that the 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 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.

Evaluations of the Work. § 3.6.2.1 The Architect Engineer shall 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 the progress and quality of the portion of the Work completed, 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 Documentsconstruction every two weeks. However, the Architect Each engineering discipline shall make periodic visits 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 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.less than once § 3.6.2.2 The Architect Engineer has the authority to reject and shall advise the Owner in writing regarding a recommendation of rejection of reject Work that does not conform to the Contract Documents. Whenever the Architect Engineer considers it necessary or advisable, the Architect Engineer 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 Engineer 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 Engineer to the Construction ManagerManager at Risk, Contractor(s), Subcontractors, material and equipment suppliers, their agents or employees, employees or other persons or entities performing portions of the Work. In the event that Engineer determines that the Work is non-conforming, Engineer shall inform the Owner and Contractor or Construction Manager at Risk in writing within two (2) days of the determination. § 3.6.2.3 The Architect Engineer shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Construction ManagerContractor. The ArchitectEngineer’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 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 Engineer shall endeavor to secure faithful performance by both Owner the Owner, Contractor(s) and Construction ManagerManager at Risk, if any, shall not show partiality to eitherany party, and shall not be liable for results of interpretations or decisions rendered in good faith. The ArchitectEngineer’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 Contractor or Construction Manager at Risk 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 Contractor or Construction Manager at Risk as provided in the Contract Documents. for.

Evaluations of the Work. § §3.6.2.1 The Architect Engineer shall visit the site each Project at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.34.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, 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, 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 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 shall advise Engineer has the Owner in writing regarding a recommendation of rejection of authority to reject Work that does not conform to with the Contract Documents. Whenever the Architect Engineer considers it necessary or advisable, the Architect Engineer 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 Engineer 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 Engineer 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 Engineer shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Construction ManagerContractor. The ArchitectEngineer’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 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 Engineer 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 ArchitectEngineer’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 provide in the Contract Documents. for.

Evaluations of the Work. § 3.6.2.1 The Architect Engineer and its consultants shall visit the Project site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, 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, in general, 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 Parties 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, and as otherwise or also known to the Architect Engineer, the 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 in writing (1) known or suspected deviations from the Contract Documents, (2) known or suspected deviations from the most recent construction schedule submitted by the Construction Managerschedule, and (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 shall advise Engineer has the Owner in writing regarding a recommendation of rejection of authority 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 Documents and 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 installed, or completed. However, neither this authority of the Architect Engineer 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 Engineer to the Construction ManagerContractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. Engineer 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 Engineer is to observe tests, inspections, or approvals required by the Contract Documents, Engineer will do so promptly and, where applicable, at the place of testing. § 3.6.2.3 The Architect Engineer 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 Construction ManagerContractor. The ArchitectEngineer’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 Engineer shall be consistent with the intent ofrequirements indicated in, and or 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 Engineer 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 ArchitectEngineer’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. § 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 A201–2017the General Conditions, the Architect Engineer shall render initial decisions on Claims between the Owner and Construction Manager Contractor as provided in the Contract Documents. § 3.6.2.6 Unless otherwise approved by Owner in writing, the Engineer Parties shall schedule their site visits to coincide with the Owner, Engineer, and Contractor meetings ("OEC Meetings") and provide written reports in accordance with Section 3.1.8 herein to Owner within seven (7) days of the site visit. forIn addition to the OEC Meetings, the Engineer and its appropriate consultants shall attend the pre-bid meeting, the pre-construction meeting for the overall Project, the pre-construction meetings for the specific systems or trades, and the inspections of the agencies having authority, and provide the written reports required by Section 3.1.8

Evaluations of the Work. § 3.6.2.1 The Architect Engineer and its consultants shall visit the Project site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, 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, 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 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.to § 3.6.2.2 The Architect shall advise Engineer has the Owner in writing regarding a recommendation of rejection of authority 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 Documents and 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 installed, or completed. However, neither this authority of the Architect Engineer 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 Engineer to the Construction ManagerContractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. Engineer 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 Engineer is to observe tests, inspections, or approvals required by the Contract Documents, Engineer will do so promptly and, where applicable, at the place of testing. § 3.6.2.3 The Architect Engineer 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 Construction ManagerContractor. The ArchitectEngineer’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 Engineer shall be consistent with the intent ofrequirements indicated in, and or 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 Engineer 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 ArchitectEngineer’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. § 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 A201–2017the General Conditions, the Architect Engineer shall render initial decisions on Claims between the Owner and Construction Manager Contractor as provided in the Contract Documents. § 3.6.2.6 Unless otherwise approved by Owner in writing, the Engineer Parties shall schedule their site visits to coincide with the Owner, Engineer, and Contractor meetings ("OEC Meetings") and provide written reports in accordance with Section 3.1.8 herein to Owner within seven (7) days of the site visit. forIn addition to the OEC Meetings, the Engineer and its appropriate consultants shall attend the pre-bid meeting, the pre-construction meeting for the overall Project, the pre-construction meetings for the specific systems or trades, and the inspections of the agencies having authority, and provide the written reports required by Section 3.1.8

Evaluations of the Work. § 3.6.2.1 The Architect Architect, as representative of the Owner, shall visit the site weekly and at other intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.34.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, 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. The Architect shall require its consultants to visit the site a minimum of every other week and more frequent visits during critical portions of the work involving areas of work designed of their discipline and attend all required testing of materials or systems designed by Architect’s consultants. The Architect and/or his Consultants shall observe form work, reinforcing and related items prior to every concrete pour and shall remain in attendance to observe commencement of concrete placement operations. Provided the concrete placement operations are proceeding without incident and the Owner’s representative attending the pour specifically concurs, Architect and/or his Consultant may end their attendance at the concrete placement operations. 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 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 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 shall advise has the Owner in writing regarding a recommendation of rejection of authority 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 the such Work is fabricated, installed or completed. The Architect will inform the Owner prior to rejecting Work or requiring testing. 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 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 matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Construction ManagerContractor. 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 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 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 designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2017, the The Architect shall render initial decisions on Claims between the Owner and Construction Manager Contractor as provided in the Contract Documents. § 3.6.2.6 The Architect shall submit written reports weekly on the progress of the Work, manpower, and quality of the Work. forThese reports shall detail the dates and times of each site visit by the Architect and or its consultants, weather conditions, areas under construction and other observations made by Architect. Copies of photographs taken shall be included in each report. These reports shall not relieve the Architect of the responsibility to immediately notify the Owner of any material deficiencies in the Work. The reports will be submitted to the Owner.

Evaluations of the Work. § 3.6.2.1 The Architect shall 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 the progress and quality of the portion of the Work completed, 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, 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 use reasonable care to guard the Owner against defects and deficiencies in the Work, 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 ManagerContractor, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work and shall advise the Owner in writing regarding a recommendation of rejection of 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 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 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, and requirements of, the Contract Documents on written request of either the Owner or Construction ManagerContractor. 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 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 shall render initial decisions on Claims between the Owner and Construction Manager Contractor as provided in the Contract Documents. for.