MEANS AND METHODS OF CONSTRUCTION. 4.1. Unless otherwise expressly provided in the Contract Drawings, Specifications, and Addenda, the Means and Methods of Construction shall be such as the Contractor may choose; subject, however, to the Engineer's right to reject the Means and Methods of Construction proposed by the Contractor which in the opinion of the Engineer:
4.1.1. Will constitute or create a hazard to the Work, or to persons or property; or
4.1.2. Will not produce finished Work in accordance with the terms of the Contract; or
4.1.3. Will be detrimental to the overall progress of the Project.
4.2. The Engineer's approval of the Contractor's Means and Methods of Construction, or his/her failure to exercise his/her right to reject such means or methods, shall not relieve the Contractor of its obligation to complete the Work as provided in this Contract; nor shall the exercise of such right to reject create a cause of action for damages.
MEANS AND METHODS OF CONSTRUCTION. Unless otherwise expressly provided in the contract drawings, specifications or bulletins, the means and methods of construction shall be such as the CONTRACTOR may choose; subject, however, to the OWNER’S right to prohibit means and methods proposed by the CONTRACTOR which in the OWNER’S judgment:
A. shall constitute a hazard to the Work, or to persons or property, or shall violate express requirements of applicable laws or ordinances; or
B. shall cause unnecessary or unreasonable inconvenience to the public; or
C. shall not produce finished work in accordance with the requirements of the Contract Documents; or
D. shall not assure the Work to be completed within the time allowed by the contract. The OWNER’S approval of the CONTRACTOR’S means or methods of construction, or the OWNER’S failure to exercise his right to prohibit such means or methods, shall not relieve the CONTRACTOR of his responsibility for the Work or of his obligation to accomplish the result intended by the Contract Documents; nor shall the exercise or non- exercise of such rights to prohibit create a cause of action for damages or provide a basis for any claim by the CONTRACTOR against the OWNER. The CONTRACTOR shall be soley responsible for, the construction means and methods, techniques, sequences, procedures, and for the safety precautions and programs in conection with the Work or the Project. If the Contract Documents specify any means, methods, techniques, sequences or procedures, the CONTRACTOR shall evaluate said specifications and determine that they are safe for the proper prosecution of the Work. The CONTRACTOR shall be soley responsible for the job site safety of such means, methods, techniques, sequences or procedures. If the CONTRACTOR determines the the specified means, methods, techniques, sequences or procedures may not be safe, the CONTRACTOR shall immediately notify the OWNER and Engineer and shall not proceed without further instructions.
MEANS AND METHODS OF CONSTRUCTION. Unless otherwise expressly provided in the Contract Documents, the means and methods of construction shall be such as the Contractor may choose within trade and industry standards, subject, however, to the provisions of this Contract including, without limitation, the Scope of Work Documents (Part V) and the Drawings and Design Specifications (Part VI) of this Contract, and subject to the right of the Owner to reject means and methods proposed by the Contractor that will, in the opinion of the Owner:
1.3.1 violate any Legal Requirement;
1.3.2 constitute or create a hazard to the Contract Work, or to persons or property;
1.3.3 not produce finished Contract Work in accordance with the terms of this Contract; or
1.3.4 be detrimental to the overall progress of the Contract Work or the Project.
1.3.5 The Owner’s approval of the Contractor’s means and methods of construction, or its failure to exercise its right to reject such means or methods, shall not relieve the Contractor of its obligation to complete performance in accordance with this Contract, nor shall the exercise of such right to reject create a cause of action for damages against the Owner, the City or their respective Representatives.
MEANS AND METHODS OF CONSTRUCTION a. CONSULTANT shall not direct the means and methods of construction. CONTRACTOR shall be solely responsible for the means and methods of construction. Concerns or suggestions regarding the CONTRACTOR’s means and methods shall be communicated to CITY and ENGINEER.
MEANS AND METHODS OF CONSTRUCTION. The means and methods of construction shall be such as Contractor may choose; subject, however, to the City’s right to reject the Public Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Public Improvements are constructed in accordance with Plans and Specifications.
MEANS AND METHODS OF CONSTRUCTION. Unless otherwise expressly provided in the Contract Drawings, Specifications, and Addenda, the Means and Methods of Construction shall be such as the Contractor may choose; subject, however, to the Engineer's right to reject the Means and Methods of Construction proposed by the Contractor which in the opinion of the Engineer:
MEANS AND METHODS OF CONSTRUCTION. 13.1 Unless otherwise expressly provided in this Agreement, the means and methods of construction shall be such as the Construction Manager may choose; subject, however, to the Director's right to reject means and methods proposed by the Construction Manager which: (1) will constitute or create a hazard to the Work, or to persons or property; or (2) will not produce finished Work in accordance with the terms of the Agreement.
13.2 The Director's approval of the Construction Manager's means and methods of construction, or his failure to exercise his right to reject such means or methods, shall not relieve the Construction Manager of his obligation to accomplish the result intended by the Agreement; nor shall the exercise of such right to reject create a cause of action for damages.
MEANS AND METHODS OF CONSTRUCTION. Subject to those rights specifically reserved in the Contract Documents, Owner will not supervise, or direct, or have control over, or be responsible for, Contractor’s means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or Contractor’s failure to comply with laws and regulations, codes, referenced standards and manufacturer’s installation instructions applicable to the furnishing or performance of Work. Owner will not be responsible for Contractor’s failure to perform or furnish the Work in accordance with Contract Documents.
MEANS AND METHODS OF CONSTRUCTION. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction and materials.
MEANS AND METHODS OF CONSTRUCTION. Defects or deficiencies in the work of the Contractors or delays in any of the work performed;
