Common use of Owner’s Designated Representative Clause in Contracts

Owner’s Designated Representative. The Owner shall appoint a Designated Representative with respect to the Contract. The Designated Representative shall have complete authority to transmit instructions, receive information, interpret and define the policies of the Owner and to make other decisions on the part of the Owner. Following the issuance of the Notice to Proceed, the Designated Representative may perform any review, communications, notices or other act required on the part of the Owner. The Designated Representative shall not have any authority to change or interpret the Contract or Contract Documents, whether orally or in writing. Any ambiguity between the parties that require interpretation of the Contract or Contract Documents shall be resolved by written submission of a Request for Information by the Contractor. Any request for a change to the Contract or Contract Documents shall be resolved by written submission of a Change Order request by the Contractor. The Contract or Contract Documents shall not be changed without written confirmation from the Owner. Communications from the Owner’s Representative may be verbal or written. Any verbal instruction or directive by the Owner’s Representative to the Contractor that changes either the Contract Amount or Contract Time or that changes either the Contract or the Contract Documents shall not be valid unless confirmed in writing and acknowledged and accepted by the Owner 1) within five working days or 2) when the work that is subject to the verbal directive commences, whichever is earlier. Absent written confirmation of the Owner’s Representative’s verbal instruction to the Contractor, the parties agree that there is a strong presumption that no such verbal directive was ever given.