Common use of Team Members Clause in Contracts

Team Members. 16.2.1. There shall be no substitution for a Team Member identified in the Contractor’s Proposal without the prior written consent of the Owner. The Contractor shall provide to the Owner justification for the change to any previously submitted Team Member and obtain the Owner’s consent to the proposed substitution prior to any Work commencing by the Subcontractor. The justification for such substitution, and for any Subcontractor not identified in Contractor’s Proposal, shall include all information intended to prove that the proposed Subcontractor has the necessary facilities, skill, integrity, safety records, past experience and financial resources to perform the Work in accordance with the terms and conditions of the Contract Documents. 16.2.2. If the Owner finds, in its sole and absolute discretion, that the proposed substitute is not qualified, the Contractor will be notified in writing within five (5) Working Days of the Owner receiving the request for approval of the substitute. If no such notice is provided, the Owner shall be deemed to have accepted the substitute. The Owner may retract its acceptance of any substitute in the event such substitute evidences an unwillingness or inability to perform its portion of the Work in strict accordance with the Contract Documents. Notice of such retraction will be given in writing to the Contractor. Upon receipt of notification of such rejection or retraction, the Contractor shall, within five (5) Days, submit a new substitute for the Owner's approval. No rejection of any Subcontractor as provided herein shall be the basis of any claim by the Contractor.