Common use of Evaluations of the Work Clause in Contracts

Evaluations of the Work. § 3.6.2.1 The Engineer shall visit the site at intervals appropriate to the stage of construction every two weeks. Each engineering discipline shall make periodic visits not less than once § 3.6.2.2 The Engineer has the authority to reject and shall reject Work that does not conform to the Contract Documents. Whenever the Engineer considers it necessary or advisable, the 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 such Work is fabricated, installed or completed. However, neither this authority of the 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 Engineer to the Construction Manager at Risk, Contractor(s), Subcontractors, material and equipment suppliers, their agents or 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 Engineer shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Engineer’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 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 Engineer shall endeavor to secure faithful performance by the Owner, Contractor(s) and Construction Manager at Risk, if any, shall not show partiality to any party, and shall not be liable for results of interpretations or decisions rendered in good faith. The Engineer’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 A201–2007, the Engineer shall render initial decisions on Claims between the Owner and Contractor or Construction Manager at Risk as provided in the Contract Documents.

Evaluations of the Work. § §3.6.2.1 The Engineer shall visit the site each Project at intervals appropriate to the stage of 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, 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 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 Engineer shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction every two weeks. Each engineering discipline shall make periodic visits not less than onceschedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § §3.6.2.2 The Engineer has the authority to reject and shall reject Work that does not conform to with the Contract Documents. Whenever the Engineer considers it necessary or advisable, the 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 such Work is fabricated, installed or completed. However, neither this authority of the 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 Engineer to the Construction Manager at Risk, Contractor(s)Contractor, Subcontractors, material and equipment suppliers, their agents or 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 Engineer shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Engineer’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 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 Engineer shall endeavor to secure faithful performance by the Owner, Contractor(s) both Owner and Construction Manager at Risk, if anyContractor, shall not show partiality to any partyeither, and shall not be liable for results of interpretations or decisions rendered in good faith. The Engineer’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 A201–2007, the Engineer shall render initial decisions on Claims between the Owner and Contractor or Construction Manager at Risk as provided provide in the Contract Documents.

Evaluations of the Work. § 3.6.2.1 The Engineer and its consultants shall visit the Project site at intervals appropriate to the stage of construction every two weeks. Each engineering discipline shall make periodic visits not less than onceconstruction, to become generally familiar with the progress and quality of the portion of the Work completed, to § 3.6.2.2 The Engineer has the authority to reject and shall reject Work that does not conform to the Contract Documents. Whenever the Engineer considers it necessary or advisable, the Engineer 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 such the Work is fabricated, installed installed, or completed. However, neither this authority of the 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 Engineer to the Construction Manager at Risk, Contractor(s)Contractor, Subcontractors, material and equipment suppliers, their agents or employees employees, or other persons or entities performing portions of the Work. In Engineer shall advise and obtain the event that consent of Owner prior to rejecting any Work and prior to requiring any inspection or testing of the Work. If Engineer determines that is to observe tests, inspections, or approvals required by the Work is non-conformingContract Documents, Engineer shall inform will do so promptly and, where applicable, at the Owner and Contractor or Construction Manager at Risk in writing within two (2) days place of the determinationtesting. § 3.6.2.3 The 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 Contractor. The Engineer’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 Engineer shall be consistent with the intent of and requirements indicated in, or 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 Engineer shall endeavor to secure faithful performance by the Owner, Contractor(s) both Owner and Construction Manager at Risk, if anyContractor, shall not show partiality to any partyeither, and shall not be liable for results of interpretations or decisions rendered in good faith. The Engineer’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 Contractor or Construction Manager at Risk designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007the General Conditions, the Engineer shall render initial decisions on Claims between the Owner and Contractor or Construction Manager at Risk 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. In 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 Engineer and its consultants shall visit the Project site at intervals appropriate to the stage of 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 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 Engineer, the 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 or suspected deviations from the Contract Documents, (2) known or suspected deviations from the most recent construction every two weeks. Each engineering discipline shall make periodic visits not less than onceschedule, (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 Engineer has the authority to reject and shall reject Work that does not conform to the Contract Documents. Whenever the Engineer considers it necessary or advisable, the Engineer 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 such the Work is fabricated, installed installed, or completed. However, neither this authority of the 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 Engineer to the Construction Manager at Risk, Contractor(s)Contractor, Subcontractors, material and equipment suppliers, their agents or employees employees, or other persons or entities performing portions of the Work. In Engineer shall advise and obtain the event that consent of Owner prior to rejecting any Work and prior to requiring any inspection or testing of the Work. If Engineer determines that is to observe tests, inspections, or approvals required by the Work is non-conformingContract Documents, Engineer shall inform will do so promptly and, where applicable, at the Owner and Contractor or Construction Manager at Risk in writing within two (2) days place of the determinationtesting. § 3.6.2.3 The 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 Contractor. The Engineer’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 Engineer shall be consistent with the intent of and requirements indicated in, or 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 Engineer shall endeavor to secure faithful performance by the Owner, Contractor(s) both Owner and Construction Manager at Risk, if anyContractor, shall not show partiality to any partyeither, and shall not be liable for results of interpretations or decisions rendered in good faith. The Engineer’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 Contractor or Construction Manager at Risk designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007the General Conditions, the Engineer shall render initial decisions on Claims between the Owner and Contractor or Construction Manager at Risk 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. In 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