Common use of General Design Obligations Clause in Contracts

General Design Obligations. The Contractor shall carry out, and be responsible for, the design of the Works. The Contractor is fully aware of the Employer's design requirements in relation to the Equipment including the key dimensions, runway span, runway height differential, and design wind speeds and the purpose for which the Equipment will be used. The Contractor acknowledges that the design, which shall include any modifications to the design, may be required to be submitted to any Statutory Authority as may be required for any Approvals before it can be implemented. If any Statutory Authority refuses its agreement and acceptance of the design, the Contractor shall not implement the design and shall re-submit the design until the Port Authority and/or the Statutory Authority has agreed and accepted the revised design. The Contractor shall not be entitled to claim any extension of time and/or Cost incurred in connection with the submission or re-submission of the design to the Port Authority and/or any Statutory Authority or any condition imposed by such authority as a condition of grant. Design shall be prepared by qualified designers who are engineers or other professionals who comply with the criteria (if any) stated in the Contract. Unless otherwise stated in the Contract, the Contractor shall submit to the Engineer for consent the name and particulars of each proposed designer and design Subcontractor. The Contractor warrants that it, its designers and design Subcontractors have the experience and capability necessary for the design. The Contractor undertakes that the designers shall be available to attend discussions with the Engineer and/or representatives of any Statutory Authority at all reasonable times, until the expiry date of the relevant Warranty Period. The Contractor shall be deemed to have scrutinised the Employer's Requirements, prior to the date of the Contract, (including design criteria and calculations, if any). The Contractor shall take responsibility for and warrant to the Employer any works of design or specification of the Works contained in the Employer's Requirements as if such works had been carried out by the Contractor pursuant to the Contract.

General Design Obligations. The Contractor shall carry out, and be responsible for, the design of the Works. The Contractor is fully aware of the Employer's design requirements in relation to the Equipment including the key dimensions, runway span, runway height differential, and design wind speeds and the purpose for which the Equipment will be used. The Contractor acknowledges that the design, which shall include any modifications to the design, may be required to be submitted to any Statutory Authority as may be required for any Approvals before it can be implemented. If any Statutory Authority refuses its agreement and acceptance of the design, the Contractor shall not implement the design and shall re-submit the design until the Port Authority and/or the Statutory Authority has agreed and accepted the revised design. The Contractor shall not be entitled to claim any extension of time and/or Cost incurred in connection with the submission or re-submission of the design to the Port Authority and/or any Statutory Authority or any condition imposed by such authority as a condition of grant. Design shall be prepared by qualified designers who are engineers or other professionals who comply with the criteria (if any) stated in the ContractEmployer’s Requirements. Unless otherwise stated in the Contract, the Contractor shall submit to the Engineer for consent the name and particulars of each proposed designer and design Subcontractor. The Contractor warrants that it, its designers and design Subcontractors have the experience and capability necessary for the design. The Contractor undertakes that the designers shall be available to attend discussions with the Engineer and/or representatives of any Statutory Authority at all reasonable times, until the expiry date of the relevant Warranty Period. The Upon receiving notice under sub-clause 8.1 [Commencement of Works], the Contractor shall be deemed to have scrutinised scrutinise the Employer's Requirements, prior to the date of the Contract, ’s Requirements (including design criteria and calculations, if any). The Within the period stated in the Appendix to Tender, calculated from the Commencement Date, the Contractor shall take responsibility for and warrant give notice to the Employer Engineer of any works of design error, fault or specification of the Works contained other defect found in the Employer's ’s Requirements as if such works had been carried out by or these items of reference. After receiving this notice, the Engineer shall determine whether clause 13 [Variations and Adjustments] shall be applied, and shall give notice to the Contractor pursuant accordingly. If and to the Contractextent that (taking account of cost and time) an experienced contractor exercising due care would have discovered the error, fault or other defect when examining the Site and the Employer’s Requirements before submitting the Tender, the Time for Completion shall not be extended and the Contract Price shall not be adjusted.