Common use of Legal Relationships Clause in Contracts

Legal Relationships. A. Contractor may be entitled to a change in Contract Price or Contract Times if, while performing other work at or adjacent to the Site for Owner, the OPT, other contractor, or utility owner: 1. Damages the Work or property of Contractor’s Team; 2. Delays, disrupts, or interferes with the execution of the Work; or 3. Increases the scope or cost of performing the Work through their actions or inaction. B. Notify the OAR immediately of the event leading to a potential Change Proposal so corrective action can be taken. Submit the Change Proposal within 30 days of the event if corrective action has not adequately mitigated the impact of the actions or inactions of others. Information regarding this other work in the Contract Documents is used to determine if the Contractor is entitled to a change in Contract Price or Contract Times. Changes in Contract Price require that Contractor assign rights against the other contractor or utility owner to Owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Changes in Contract Times require that the time extension is essential to Contractor’s ability to complete the Work within the Contract Times. C. Take prompt corrective action if Contractor’s Team damages, delays, disrupts, or interferes with the work of Owner’s employees, other contractors, or utility owners performing other work at or adjacent to the Site or agree to compensate other contractors or utility owners for correcting the damage. Promptly attempt to settle claims with other contractors or utility owners if Contractor damages, delays, disrupts, or interferes with the work of other contractors or utility owners performing other work at or adjacent to the Site. D. Owner may impose a set-off against payments due to Contractor and assign the Owner’s contractual rights against Contractor with respect to the breach of the obligations described in this Paragraph 8.03 to other contractors or utility owners if damages, delays, disruptions, or interference occur. E. Contractor’s obligation to indemnify Owner’s Indemnitees for claims arising out of or related to damages, delays, disruptions, and interference with other work at the Site are as set forth in Paragraph 7.14.

Legal Relationships. A. Contractor may be entitled to a change If, in Contract Price or Contract Times if, while the course of performing other work at or adjacent to the Site for Owner, the OPTOwner’s employees, any other contractorcontractor working for Owner, or any utility owner: 1. Damages owner causes damage to the Work or to the property of Contractor’s Team; 2. DelaysContractor or its Subcontractors, or delays, disrupts, interferes with, or interferes with the execution of the Work; or 3. Increases increases the scope or cost of performing the Work performance of the Work, through their actions or inaction. B. Notify , then Contractor shall be entitled to an equitable adjustment in the OAR immediately of Contract Price or the event leading to a potential Contract Times, or both. Contractor must submit any Change Proposal so corrective action can be taken. Submit seeking an equitable adjustment in the Change Proposal Contract Price or the Contract Times under this paragraph within 30 days of the event damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if corrective action has not adequately mitigated the impact of the actions or inactions of others. Information any) regarding this such other work that was provided to Contractor in the Contract Documents is used prior to determine if the Contractor is entitled to a change submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price or Contract Times. Changes in Contract Price require that shall be conditioned on Contractor assign assigning to Owner all Contractor’s rights against the such other contractor or utility owner to Owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Changes in Contractor’s entitlement to an adjustment of the Contract Times require that the time extension is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. C. Take prompt corrective action if Contractor’s Team B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of Owner’s employees, any such other contractors, contractor or utility owners performing other work at or adjacent to the Site or agree to compensate other contractors or utility owners for correcting the damage. Promptly attempt to settle claims with other contractors or utility owners if Contractor damagesowner, delays, disrupts, or interferes with the work of other contractors or utility owners performing other work at or adjacent to the Site. D. then Owner may impose a set-off against payments due to Contractor Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations described set forth in this Paragraph 8.03 paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other contractors work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or utility owners if interference, Owner may impose a set-off against payments due to Contractor. D. If Contractor damages, delays, disruptionsdisrupts, or interference occur. E. interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s obligation failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify Owner’s Indemnitees for claims and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or related relating to damagessuch damage, delaysdelay, disruptionsdisruption, and interference with other work at the Site are as set forth in Paragraph 7.14or interference.

Legal Relationships. A. Contractor may be entitled to a change If, in Contract Price or Contract Times if, while the course of performing other work for Owner at or adjacent to the Site Site, the Owner’s employees, any other contractor working for Owner, the OPTor any utility owner that Owner has arranged to perform work, other contractor, or utility owner: 1. Damages causes damage to the Work or to the property of Contractor’s Team; 2. DelaysContractor or its Subcontractors, or delays, disrupts, interferes with, or interferes with the execution of the Work; or 3. Increases increases the scope or cost of performing the Work performance of the Work, through their actions or inaction. B. Notify , then Contractor shall be entitled to an equitable adjustment in the OAR immediately of GMP or the event leading to a potential Contract Times or both. Contractor must submit any Change Proposal so corrective action can be taken. Submit seeking an equitable adjustment in the Change Proposal GMP or the Contract Times under this Paragraph within 30 days of the event damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment will take into account information (if corrective action has not adequately mitigated the impact of the actions or inactions of others. Information any) regarding this such other work that was provided to Contractor in the Contract Documents is used prior to determine if the GMP Amendment Date, and any remedies available to Contractor is entitled under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in the GMP will be conditioned on Contractor assigning to a change in Contract Price or Contract Times. Changes in Contract Price require that Contractor assign Owner all Contractor’s rights against the such other contractor or utility owner to Owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Changes in Contractor’s entitlement to an adjustment of the Contract Times require that or GMP is subject to the time extension is essential provisions of Paragraphs 4.05.D and 4.05.E. B. Contractor shall take reasonable and customary measures to Contractor’s ability avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to complete the Work within the Contract TimesSite. C. Take prompt corrective action if Contractor’s Team 1. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of Owner’s employees, any such other contractors, contractor or utility owners performing other work at or adjacent to the Site or agree to compensate other contractors or utility owners for correcting the damage. Promptly attempt to settle claims with other contractors or utility owners if Contractor damagesowner, delays, disrupts, or interferes with the work of other contractors or utility owners performing other work at or adjacent to the Site. D. then Owner may impose a set-off against payments due to Contractor Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations described set forth in this Paragraph 8.03 8.03.B. 2. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other contractors work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or utility owners if interference, Owner may impose a set-off against payments due Contractor. C. If Contractor damages, delays, disruptionsdisrupts, or interference occur. E. interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s obligation failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor or an Owner Indemnitee, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner; and (2) indemnify Owner’s Indemnitees for claims and hold harmless the Owner Indemnitee from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or related relating to damagessuch damage, delaysdelay, disruptionsdisruption, and interference with other work at the Site are as set forth in Paragraph 7.14or interference.