Common use of Owner’s Project Manager Clause in Contracts

Owner’s Project Manager. 5.01 Project Manager will be Owner’s designated representative and shall be the sole channel of communication between Owner and Construction Manager. Where appropriate, the term “Owner” as used in the Contract Documents shall also mean the Project Manager. Owner shall have the right to change its designated representative at any time, and upon such change, shall notify Construction Manager in writing thereof. 5.02 Project Manager shall at all times have access to the project site and the Work under the Contract. Construction Manager shall provide such means of access as may be required for Project Manager to conduct on-site observations and inspections of the Work. 5.03 Project Manager will conduct on-site observations and reasonable checks of the Work in progress to determine in general if the quality and progress of the Work are in compliance with the Contract Documents. Project Manager will also inspect portions of the Work, but such inspections shall not constitute acceptance of the Work so inspected and shall not relieve Construction Manager of his responsibility to comply with the Contract Documents. 5.04 Project Manager shall have authority to reject Work and materials which do not comply with the Contract Documents and such rejection shall be final and conclusive upon the Construction Manager. If, at any time, Project Manager, in Project Manager’s observation of the Work, believes or, has reason to believe, that the Work is not being performed in compliance with the requirements of the Contract Documents so as to achieve the Highest Intent of the Contract, Project Manager may, by written notice, order Construction Manager to immediately correct such rejected Work or portion thereof. Construction Manager shall proceed to replace and or correct such Work and/or materials upon rejection by the Project Manager. Project Manager shall have the authority to approve any corrective action associated with any such rejected Work or materials. Project Manager may require special testing and inspection by others as he deems necessary to insure compliance with the Contract Documents. Any special testing costs associated with non-compliant Work will be the sole responsibility of the Construction Manager. However, failure to reject, test or inspect Work and materials shall not be construed as acceptance thereof. If Construction Manager fails or neglects to commence and continue the corrective or replacement Work within seven (7) days following notice from the Project Manager, Owner may, without prejudice to any other remedies Owner may have, correct such deficiencies in connection with such rejected Work and/or materials, and the cost of any such correction and/or replacement shall be deducted from payments then or thereafter due Construction Manager. If payments then or thereafter due Construction Manager are not sufficient to cover the cost of correction or replacement of the Work and/or materials, Construction Manager shall immediately pay the difference to Owner. 5.05 Project Manager shall be the sole interpreter of the intent of the Contract Documents, which shall in each instance be deemed to be the Highest Intent of the Contract. Project Manager’s decision on intent shall be final and conclusive.