Common use of Site Observations Clause in Contracts

Site Observations. The Architect shall attend weekly meetings at the Site and other meetings relating to the Assigned Project and shall visit the Assigned Project Site at intervals appropriate to the stage of construction, as required by the conditions of construction or the Site, or as may be reasonably requested by the District from time to time for the purpose of becoming generally familiar with the progress and quality of completed construction and to generally determine if construction of the Assigned Project is being performed in a manner indicating that upon completion it will be generally in accordance with the Construction Contract and the Construction Documents. On the basis of observations made during Site visits and in its capacity as an architect, the Architect shall: (i) keep the District informed of the progress and quality of the construction of the Assigned Project; and (ii) endeavor to guard the District against defects and deficiencies in the Assigned Project construction and the failure or refusal of the Contractor to construct the Assigned Project in accordance with the terms and intent of the Construction Contract and the Construction Documents. Without limiting any other right or remedy of the District whether pursuant to this Agreement or by operation of law, if in the course of its Site observations, the Architect fails to discover or report to the District any patently observable major defect or deficiency in construction of the Assigned Project which by exercise of due care should have been observed by the Architect and reported to the District, the Architect will provide all design services necessary for remedial or corrective measures for such conditions without additional cost or expense to the District. The foregoing shall not be deemed to obligate the Architect to observe or inspect concealed conditions, unless the nature of the visually apparent conditions are such that a prudent Architect would conduct observations or inspections of related concealed conditions to confirm that there are no major defects or deficiencies in the concealed conditions. The provisions hereof shall not be construed as requiring the Architect to make exhaustive or continuous Site observations to check on the quality or quantity of the Assigned Project construction. The Architect shall have access to the Assigned Project wherever in preparation, fabrication or progress.

Appears in 1 contract

Samples: Architectural Services Agreement

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Site Observations. The Architect shall attend weekly meetings at the Site and or other meetings relating to the Assigned Project and shall visit the Assigned Project Site at intervals appropriate to the stage of construction, as required by the conditions of construction or the Site, or as may be reasonably requested by the District from time to time for the purpose of becoming generally familiar with the progress and quality of the Work completed construction and to generally determine if construction of the Assigned Project Work is being performed in a manner indicating that upon completion it will be generally materially in accordance with the Construction Contract and the Construction Documents. Sub-Consultants will attend meetings as appropriate and required by the schedule and sequencing of construction. On the basis of observations made during Site visits and in its capacity as an architectArchitect, the Architect shall: (i) keep the District informed of the progress and quality of the construction of the Assigned ProjectWork; and (ii) endeavor to guard the District against defects and deficiencies in the Assigned Project construction Work and the failure or refusal of the Contractor to construct perform the Assigned Project Work in accordance with the terms and intent of the Construction Contract and the Construction Documents. Without limiting any other right or remedy of the District whether pursuant to this Agreement or by operation of law, if in the course of its Site observations, the Architect fails to discover or report to the District any patently observable major defect or deficiency in construction of the Assigned Project Work, or in the Work itself, which by exercise of due care should have been observed by the Architect and reported to the District, the Architect will provide all design services necessary for remedial or corrective measures for such conditions without additional cost or expense to the District. The foregoing shall not be deemed to obligate the Architect to observe or inspect concealed conditions, unless the nature of the visually apparent conditions are such that a prudent Architect would conduct observations or inspections of related concealed conditions to confirm that there are no major defects or deficiencies in the concealed conditions. The provisions hereof shall not be construed as requiring the Architect to make exhaustive or continuous Site observations to check on the quality or quantity of the Assigned Project constructionWork. The Architect shall have access to the Assigned Project Work wherever in preparation, fabrication or progress.

Appears in 1 contract

Samples: Architectural Services Agreement

Site Observations. The Architect shall attend weekly meetings at the Site and other meetings relating to the Assigned Project and shall visit the Assigned Project Site at intervals appropriate to the stage of construction, as required by the conditions of construction or the Site, or as may be reasonably requested by the District from time to time for the purpose of becoming generally familiar with the progress and quality of the Work completed construction and to generally determine if construction of the Assigned Project Work is being performed in a manner indicating that upon completion it will be generally in accordance with the Construction Contract and the Construction Design Documents. On the basis of observations made during Site visits and in its capacity as an architectArchitect, the Architect shall: (i) keep the District informed of the progress and quality of the construction of the Assigned ProjectWork; and (ii) endeavor to guard the District against defects and deficiencies in the Assigned Project construction Work and the failure or refusal of the Contractor to construct perform the Assigned Project Work in accordance with the terms and intent of the Construction Contract and the Construction Design Documents. Without limiting any other right or remedy of the District whether pursuant to this Agreement or by operation of lawthe Laws, if in the course of its Site observations, the Architect fails to discover or report to the District any patently observable major defect or deficiency in construction of the Assigned Project, or in the Project itself, which by exercise of due care should have been observed by the Architect and reported to the District, the Architect will provide all design services necessary for remedial or corrective measures for such conditions without additional cost or expense to the District, provided that such services are in addition to, and not in lieu of, other Architect liabilities resulting from such failure. The foregoing shall not be deemed to obligate the Architect to observe or inspect concealed conditions, unless the nature of the visually apparent conditions are such that a prudent Architect would conduct observations or inspections of related concealed conditions to confirm that there are no major defects or deficiencies in the concealed conditions. The provisions hereof shall not be construed as requiring the Architect to make exhaustive or continuous Site observations to check on the quality or quantity of the Assigned Project constructionWork. The Architect shall have access to the Assigned Project Work wherever in preparation, fabrication or progress.

Appears in 1 contract

Samples: Architectural Services Agreement

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Site Observations. The Architect A/E shall attend weekly meetings at the Site and or other meetings relating to the Assigned Project and shall visit the Assigned Project Site at intervals appropriate to the stage of construction, as required by the conditions of construction or the Site, or as may be reasonably requested by the District from time to time for the purpose of becoming generally familiar with the progress and quality of the Work completed construction and to generally determine if construction of the Assigned Project Work is being performed in a manner indicating that upon completion it will be generally materially in accordance with the Construction Contract and the Construction Documents. Sub-Consultants will attend meetings as appropriate and required by the schedule and sequencing of construction. On the basis of observations made during Site visits and in its capacity as an architectA/E, the Architect A/E shall: (i) keep the District informed of the progress and quality of the construction of the Assigned ProjectWork; and (ii) endeavor to guard the District against defects and deficiencies in the Assigned Project construction Work and the failure or refusal of the Contractor to construct perform the Assigned Project Work in accordance with the terms and intent of the Construction Contract and the Construction Documents. Without limiting any other right or remedy of the District whether pursuant to this Agreement or by operation of law, if in the course of its Site observations, the Architect A/E fails to discover or report to the District any patently observable major defect or deficiency in construction of the Assigned Project Work, or in the Work itself, which by exercise of due care should have been observed by the Architect A/E and reported to the District, the Architect A/E will provide all design services necessary for remedial or corrective measures for such conditions without additional cost or expense to the District. The foregoing shall not be deemed to obligate the Architect to observe or inspect concealed conditions, unless the nature of the visually apparent conditions are such that a prudent Architect would conduct observations or inspections of related concealed conditions to confirm that there are no major defects or deficiencies in the concealed conditions. The provisions hereof shall not be construed as requiring the Architect A/E to make exhaustive or continuous Site observations to check on the quality or quantity of the Assigned Project constructionWork. The Architect A/E shall have access to the Assigned Project Work wherever in preparation, fabrication or progress.

Appears in 1 contract

Samples: Architectural/Engineering Services Agreement

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