Common use of The Consultant’s obligations Clause in Contracts

The Consultant’s obligations. 21 21.1 The Consultant Provides the Services in a regular and diligent manner and in accordance with and so that the Works will be in accordance with the Scope, the Accepted Programme, Good Industry Practice, the Standards (if the Standards are applicable to the services), all applicable law, Statutory Requirements and the instructions of the Employer. Any work relating to or reasonably to be inferred from the Scope which is not specified in the Scope as the responsibility of the Consultant or Others is deemed to be the responsibility of the Consultant. The Consultant uses all reasonable endeavours to prevent and/or reduce any delay in the progress of the services. 21.2 The Consultant’s obligation is to use the skill, care and diligence normally used by professionals providing services similar to the services, including in respect of design all reasonable skill, care and diligence as may be expected of a properly qualified designer of the appropriate discipline(s) for such design, experienced in carrying out design of a similar scope, nature, timescale and complexity and relating to a similar site or at a similar location to the services. 21.3 Subject to the Scope and any changes to it the Consultant warrants to the Employer that to the extent the Consultant either is obliged to specify or approve products or materials for use in the Works or does so specify or approve, the Consultant does not specify or approve any products or materials which are generally known within the construction industry to be deleterious at the time of specification or approval in the particular circumstances in which they are to be used, or those identified as potentially hazardous in or not in conformity with • the report entitled “Good Practice in the Selection of Construction Materials” 2011 (published by the British Council for Offices), • relevant International Standards, British Standards or European Standards or Codes of Practice and general good building and engineering practice; or • any publications of the Building Research Establishment related to the specification of products or materials. If in the performance of his duties under this contract, the Consultant becomes aware that he or any person has specified, approved or used any such products or materials, the Consultant immediately notifies the Employer in writing. This clause does not create any additional duty for the Consultant to inspect or check the work of Others which is not required by this contract. 21.4 The Consultant integrates and coordinates his design with the designs of Others and in particular the Contractor in accordance with the Scope and instructions of the Employer, and where necessary to Provide the Services. Reasons for not accepting the Consultant's design are that • it does not comply with the Scope, • it does not comply with the applicable law or Statutory Requirements, • it is not integrated and coordinated with the designs of Others where the Consultant is required by the Scope or instructions of the Employer to integrate and/or co-ordinate his design with the designs of Others, or such integration is necessary for the Consultant to Provide the Services, • it does not comply with this contract, • it is such that it will not allow the Main Contract Works to be constructed in accordance with the Main Contract, • it is not in a format which is accepted for use by the Employer. The Consultant does not proceed with the relevant work until the Employer has accepted his design. 21.5 The Consultant keeps the Employer informed of all material aspects of the services and provides the Employer with such information and comments as he may from time to time require with regard to the Works promptly and in good time so as not to delay or disrupt the progress of the Works or cause the Employer to be in breach of any obligation to a third party, any applicable law or Statutory Requirement. 21.6 The Consultant obtains from and/or gives to Others all licences, consents, notices and approvals necessary or appropriate to enable him to Provide the Services other than those which the Scope states will be obtained or given by the Employer or Others. The Consultant ensures that, prior to Completion and wherever necessary during the course of Providing the Services, the conditions and requirements of the licences, consents, notices and approvals, whether obtained by the Consultant or the Employer, are complied with and that the same are renewed whenever necessary or appropriate.

The Consultant’s obligations. 21 21.1 The Client appoints the Consultant Provides to provide the Project Services in a regular and diligent manner and in accordance with and so that on the Works will be in accordance with terms of this Instruction. In performing the ScopeProject Services under this Instruction, the Accepted Programme, Good Industry Practice, Consultant will exercise the Standards (if the Standards are applicable to the services), all applicable law, Statutory Requirements and the instructions of the Employer. Any work relating to or reasonably to be inferred from the Scope which is not specified in the Scope as the responsibility of the Consultant or Others is deemed to be the responsibility of the Consultant. The Consultant uses all reasonable endeavours to prevent and/or reduce any delay in the progress of the services. 21.2 The Consultant’s obligation is to use the skill, care and diligence normally used by professionals providing services to be expected of a properly qualified and competent professional experienced in carrying out work of a similar size, scope and complexity to the servicesProject Services. Without prejudice to Paragraph 2.2, including the Consultant shall: comply with all reasonable instructions and directions given by the Client in respect connection with the Project Services; keep the Client fully informed of design the progress of the Project Services; perform the Project Services with reasonable skill, care and diligence and so as not to delay any other member of the Professional Team or any Contractor in the performance of the Building Contract, having regard to the Construction Period and any construction programme for that Project as agreed by the Client and Contractor; notify the Client in writing of the reason and impact of the likely delay if the Consultant is prevented or delayed in performing the Project Services for any reason and use all reasonable endeavours to resume and expedite the performance of the Project Services so as to complete them; use all reasonable endeavours to ensure that the Project is completed within its projected Construction Period and budget; advise the Client as soon as reasonably practicable of any matters that are reasonably likely to delay the completion of that Project or increase the cost of a Project, together with any recommended measures to reduce or avoid such delays or cost increases; provide the Client or any person specified by the Client with such information as the Client may reasonably require the Consultant to provide; give the Client such reasonable assistance as the Client may require in assessing any claims made by the Contractor, any other member of the Professional Team or any other party engaged on that Project and their likely effect on the Project; liaise and communicate with the Contractor, any other member of the Professional Team or any other party engaged on that Project with a view to ensuring that the Client is regularly provided with progress reports on that Project and any actual or likely problems; deliver the Project Services in accordance with their Framework Tender; in delivering Project Services comply with the Client’s Policies which have been brought to its attention; in delivering the Project Services comply with all applicable Laws and Regulatory Requirements; and cooperate with the Client in order to deal with any complaints made in relation to the Project Services in accordance with the Client’s complaints policy either (as applicable) as listed in Schedule 9 [Red Kite’s Policies] or as referred to in the Instruction. The Consultant, subject to the exercise of reasonable skill, care and diligence as may required by Paragraph 2.2, warrants that it: has not specified and will not specify for use; has, within the scope of its inspection duties, exercised and will continue to exercise the reasonable skill, care and diligence defined in Paragraph 2.2 to see that there are not used; is not aware and has no reason to suspect or believe that there have been or will be expected of used; and will promptly notify the Client in writing if the Consultant becomes aware or has reason to suspect or believe that there have been or will be used; in connection with a properly qualified designer Project, any goods, products, materials or substances other than in accordance with the guidance in the version of the appropriate discipline(s) for such design, experienced in carrying out design of a similar scope, nature, timescale and complexity and relating to a similar site or at a similar location to the services. 21.3 Subject to the Scope and any changes to it the Consultant warrants to the Employer that to the extent the Consultant either is obliged to specify or approve products or materials for use in the Works or does so specify or approve, the Consultant does not specify or approve any products or materials which are generally known within the construction industry to be deleterious at the time of specification or approval in the particular circumstances in which they are to be used, or those identified as potentially hazardous in or not in conformity with • the report entitled “publication ‘Good Practice in the Selection of Construction Materials” 2011 (published ’ by the British Council for Offices)Offices current at the date of this Instruction, • relevant International Standards, or any other materials that are not in accordance with all applicable health and safety legislation or British and European Union Standards or European Standards or and Codes of Practice and general good building and engineering practice; or • any publications are generally known at the time of the Building Research Establishment related specification to be prejudicial to health or safety or to the specification integrity of products or materialsbuildings. If in the performance of his its duties under this contract, Instruction the Consultant becomes aware that he it or any other person has specifiedused or specified for use, or authorised or approved the specification or used use by any Contractor, other member of the Professional Team or other party engaged on the Project of any such products goods, products, materials or materialssubstances the Consultant will notify the Client in writing immediately. The Consultant shall in accordance with Paragraph 2.2 perform the Project Services so that no negligent act, negligent omission or negligent default of the Consultant shall constitute, cause or contribute to any breach of the Client’s obligations under the Building Contract, appointment of any other member of the Professional Team or other document related to a Project a copy of which has been provided to the Consultant in such time as is reasonable to enable the Consultant to have regard to such a document. In relation to each Project, the Consultant immediately notifies shall: work together with the Employer Client, Contractor(s), other members of the Professional Team and any other party appointed to that Project in writing. This clause does not create any additional duty an open, co-operative and collaborative manner and in a spirit of mutual trust and respect for the Consultant to inspect or check benefit of that Project within the work scope of Others its respective roles, expertise and responsibilities; share all knowledge and information with the Client, Contractor, other members of the Professional Team and any other party engaged on the Project which is not required or could become of assistance to them in connection with that Project (apart from knowledge or information which is a trade secret or protected by this contractprivilege); and give and welcome honest feedback on performance from the Client and any other party involved with that Project. 21.4 The Consultant integrates shall comply with its obligations under the CDM Regulations applying to the disciplines and coordinates his design roles (including as a ‘designer’) for which the Consultant is appointed in relation to the Project. The Consultant shall co-operate with the designs of Others Health and in particular Safety Advisor, the Contractor in accordance with Principal Contractor, the Scope and instructions of the Employer, and where necessary to Provide the Services. Reasons for not accepting the Consultant's design are that • it does not comply with the Scope, • it does not comply with the applicable law or Statutory Requirements, • it is not integrated and coordinated with the designs of Others Principal Designer (where the Consultant is required not itself the Principal Designer), the Contractor, other members of the Professional Team, subcontractors and any other persons employed or engaged in connection with a Project, so far as is reasonably necessary to enable each of them to comply with their respective obligations under the CDM Regulations in relation to the Project. Where the Consultant is appointed as Principal Designer for the Project the Consultant warrants that the Consultant: is and will at all times be competent to perform the role of Principal Designer under the CDM Regulations in relation to the Project; has allocated and will allocate adequate resources to enable it to comply with its obligations as Principal Designer under the CDM Regulations; has the competence, resources and capacity to, and shall, observe, perform and discharge and shall procure the observance and performance of any Code of Practice for the time being approved by the Scope Health and Safety Executive pursuant to the Health and Safety at Work etc Xxx 0000 in connection with the CDM Regulations; and will provide or instructions secure the provision to all persons responsible for the design of the Employer to integrate and/or co-ordinate his design with the designs of Others, or such integration is necessary for the Consultant to Provide the Services, • it does not comply with this contract, • it is such that it will not allow the Main Contract Works to be constructed Project all information in accordance with the Main Contract, • it is not in a format which is accepted for use by the Employer. The Consultant does not proceed with the relevant work until the Employer has accepted his design. 21.5 The Consultant keeps the Employer informed of all material aspects of the services and provides the Employer with such information and comments as he may from time to time require with regard relation to the Works promptly design and materials which might reasonably affect the health and safety of persons working on or in good time so as not relation to delay or disrupt the progress of the Works or cause the Employer to be in breach of any obligation to a third party, any applicable law or Statutory Requirement. 21.6 The Consultant obtains from and/or gives to Others all licences, consents, notices Project and approvals necessary or appropriate to enable him to Provide the Services other than those which the Scope states will be obtained or given by the Employer or Others. The Consultant ensures that, prior to Completion its maintenance and wherever necessary during the course of Providing the Services, the conditions and requirements of the licences, consents, notices and approvals, whether obtained by the Consultant or the Employer, are complied with and that the same are renewed whenever necessary or appropriaterepair.

The Consultant’s obligations. 21 21.1 The Subject to clause 2.1, from the relevant Services Commencement Date the Consultant Provides shall provide the Services in a regular and diligent manner and Additional Services in accordance with these Terms and so that the Works will Conditions as may be in accordance with the Scope, the Accepted Programme, Good Industry Practice, the Standards (if the Standards are applicable to the services), all applicable law, Statutory Requirements and the instructions of the Employer. Any work relating to or reasonably to be inferred from the Scope which is not specified amended in the Scope as the responsibility of the Consultant or Others is deemed to be the responsibility of the ConsultantServices Order and/or any Additional Services Instruction. The Consultant uses all reasonable endeavours to prevent will provide the Services and/or reduce any delay in the progress of the services. 21.2 The Consultant’s obligation is to use the skill, care and diligence normally used by professionals providing services similar to the servicesAdditional Services, including in respect delivering the Key Deliverables by the specified Milestones: exercising the degree of design all reasonable skill, care and diligence as may to be expected of a properly qualified designer of the appropriate discipline(s) for such design, and competent professional consultant experienced in carrying out design undertaking services of a similar scope, nature, timescale and complexity and relating to a similar site or at a similar location nature to the services. 21.3 Subject to the Scope Services; and regularly and diligently; in accordance with any changes reasonable instructions notified to it by the Client from time to time; and in accordance with all applicable laws and regulations Insofar as the Services and/or any Additional Services require the Consultant warrants to the Employer that to the extent the Consultant either is obliged to specify or approve products or materials for use in any works at the Works or Site and/or the Consultant does so specify or approve, the Consultant does not specify or approve any products or materials which are generally known within the construction industry to be deleterious at the time of specification or approval in the particular circumstances in which they are to be used, or those identified as potentially hazardous in or not in conformity with • the report entitled “Good Practice in the Selection of Construction Materials” 2011 (published by the British Council for Offices), • relevant International Standards, British Standards or European Standards or Codes of Practice and general good building and engineering practice; or • any publications of the Building Research Establishment related to the specification of products or materials. If in the performance of his duties under this contract, the Consultant becomes aware that he or any person has specified, approved or used any such products or materials, the Consultant immediately notifies shall exercise the Employer degree of reasonable skill, care and diligence referred to in writing. This clause does not create any additional duty for the Consultant to inspect or check the work of Others which is not required by this contract. 21.4 The Consultant integrates and coordinates his design with the designs of Others and in particular the Contractor in accordance with the Scope and instructions of the Employer, and where necessary to Provide the Services. Reasons for not accepting the Consultant's design are that • it does not comply with the Scope, • it does not comply with the applicable law or Statutory Requirements, • it is not integrated and coordinated with the designs of Others where the Consultant is required by the Scope or instructions of the Employer to integrate and/or co-ordinate his design with the designs of Others, or such integration is necessary for the Consultant to Provide the Services, • it does not comply with this contract, • it is such that it will not allow the Main Contract Works to be constructed in accordance with the Main Contract, • it is not in a format which is accepted for use by the Employer. The Consultant does not proceed with the relevant work until the Employer has accepted his design. 21.5 The Consultant keeps the Employer informed of all material aspects of the services and provides the Employer with such information and comments as he may from time to time require with regard to the Works promptly and in good time 4.2.1 so as not to delay or disrupt the progress specify any Deleterious Materials. The Consultant, its employees, agents, representatives and sub-contractors will at all times maintain high ethical standards and adhere to, and act in accordance with, Crest Nicholson’s ‘Supply Chain Code of Conduct’ (as amended and updated from time to time). A copy of the Works or cause the Employer to be in breach of any obligation to a third party, any applicable law or Statutory Requirement. 21.6 The Consultant obtains from and/or gives to Others all licences, consents, notices and approvals necessary or appropriate to enable him to Provide the Services other than those which the Scope states latest version will be obtained or given by the Employer or Others. The Consultant ensures that, prior to Completion and wherever necessary available during the course of Providing the Services, the conditions and requirements of the licences, consents, notices and approvals, whether obtained Term from Crest Nicholson’s website at: xxxxx://xxx.xxxxxxxxxxxxxx.xxx/legal-information/supply-chain. Any breach by the Consultant or the EmployerConsultant’s Employees (whether with or without the Consultant’s knowledge) of the ‘Supply Chain Code of Conduct’ will be deemed to be a material breach for the purposes of Clause 8. The Consultant will supply the Client with such information and reports, are complied with including any copies, as the Client reasonably requires in relation to the provision of the Services and that any Additional Services. Upon request by the same are renewed whenever Client, the Consultant will execute and deliver without additional charge to the Client up to four (4) collateral warranties in such form as may be reasonably required by the Client and agreed between the Client and the Consultant and/or up to four (4) letters of reliance in such form as may be reasonably required by the Client and agreed between the Client and the Consultant each in favour of any person having and/or acquiring an interest in the Site or Sites or any part or parts thereof (excluding any purchaser, tenant or funder/mortgagee of a single residential unit). Any collateral warranties and/or letters of reliance in excess of the numbers required by clause 4.7 as may be required by the Client may be subject to the payment of a reasonable fee by the Client. Where any warranties and/or letters of reliance requested by the Client pursuant to clause 4.7 and/or clause 4.8 have not been executed and delivered to the Client by the Consultant within 14 days of receipt of the necessary engrossment or appropriateengrossments, without prejudice to any other remedy it may have, the Client may, notwithstanding any other provision of these Terms and Conditions, retain, deduct and/or withhold the entirety of any sum as may be or may become due to the Consultant under the relevant Services Order until such time as the said warranties and/or letters of reliance have been satisfactorily executed and delivered to the Client.

The Consultant’s obligations. 21 21.1 The Subject to clause 2.1, from the relevant Services Commencement Date the Consultant Provides shall provide the Services in a regular and diligent manner and Additional Services in accordance with these Terms and so that the Works will Conditions as may be in accordance with the Scope, the Accepted Programme, Good Industry Practice, the Standards (if the Standards are applicable to the services), all applicable law, Statutory Requirements and the instructions of the Employer. Any work relating to or reasonably to be inferred from the Scope which is not specified amended in the Scope as the responsibility of the Consultant or Others is deemed to be the responsibility of the ConsultantServices Order and/or any Additional Services Instruction. The Consultant uses all reasonable endeavours to prevent will provide the Services and/or reduce any delay in the progress of the services. 21.2 The Consultant’s obligation is to use the skill, care and diligence normally used by professionals providing services similar to the servicesAdditional Services, including in respect delivering the Key Deliverables by the specified Milestones: exercising the degree of design all reasonable skill, care and diligence as may to be expected of a properly qualified designer of the appropriate discipline(s) for such design, and competent professional consultant experienced in carrying out design undertaking services of a similar scope, nature, timescale and complexity and relating to a similar site or at a similar location nature to the services. 21.3 Subject to the Scope Services; and regularly and diligently; in accordance with any changes reasonable instructions notified to it by the Client from time to time; and in accordance with all applicable laws and regulations Insofar as the Services and/or any Additional Services require the Consultant warrants to the Employer that to the extent the Consultant either is obliged to specify or approve products or materials for use in any works at the Works or Site and/or the Consultant does so specify or approve, the Consultant does not specify or approve any products or materials which are generally known within the construction industry to be deleterious at the time of specification or approval in the particular circumstances in which they are to be used, or those identified as potentially hazardous in or not in conformity with • the report entitled “Good Practice in the Selection of Construction Materials” 2011 (published by the British Council for Offices), • relevant International Standards, British Standards or European Standards or Codes of Practice and general good building and engineering practice; or • any publications of the Building Research Establishment related to the specification of products or materials. If in the performance of his duties under this contract, the Consultant becomes aware that he or any person has specified, approved or used any such products or materials, the Consultant immediately notifies shall exercise the Employer degree of reasonable skill, care and diligence referred to in writingclause 4.2.1 so as not to specify any Deleterious Materials. This clause does not create any additional duty The Consultant, its employees, agents, representatives and sub-contractors will at all times maintain high ethical standards and adhere to, and act in accordance with, Crest Nicholson’s ‘Supply Chain Code of Conduct’ (as amended and updated from time to time). A copy of the latest version will be available during the Term from Crest Nicholson’s website at: xxxxx://xxx.xxxxxxxxxxxxxx.xxx/legal-information/supply-chain. Any breach by the Consultant, its employees, agents, representatives and sub-contractors (whether with or without the Consultant’s knowledge) of the ‘Supply Chain Code of Conduct’ will be deemed to be a material breach for the purposes of Clause 8. The Consultant will employ or engage an adequate number of suitably qualified, skilled and experienced individuals in order to inspect deliver the Services and any Additional Services. The Consultant will supply the Client with such information and reports, including any copies, as the Client reasonably requires in relation to the provision of the Services and any Additional Services. Upon request by the Client, the Consultant will execute and deliver without additional charge to the Client: up to four (4) collateral warranties substantially in the form attached at Schedule 5 of the Framework Agreement (or check the work of Others which is not in such other form as may be reasonably required by this contractthe Client and agreed between the Client and the Consultant); and/or up to four (4) letters of reliance substantially in the form attached at Schedule 6 of the Framework Agreement (or in such other form as may be reasonably required by the Client and agreed between the Client and the Consultant); each in favour of any person having and/or acquiring an interest in the Site or Sites or any part or parts thereof (excluding any purchaser, tenant or funder/mortgagee of a single residential unit). 21.4 The Any collateral warranties and/or letters of reliance in excess of the numbers required by clause 4.8 as may be required by the Client may be subject to the payment of a reasonable fee by the Client. Where any warranties and/or letters of reliance been requested by the Client pursuant to clause 4.8 and/or clause 4.9 and such warranties and/or letters of reliance have not been executed and delivered to the Client by the Consultant integrates within 14 days of receipt of the necessary engrossment or engrossments, the Client may, notwithstanding any other provision of these Terms and coordinates his design Conditions, retain, deduct and/or withhold the entirety of any sum as may be or may become due to the Consultant under the relevant Services Order until such time as the said warranties and/or letters of reliance have been satisfactorily executed and delivered to the Client. Within fourteen days of receiving a written request from the Client, the Consultant shall: enter into a deed of novation with the designs of Others Client and any party taking over the Client’s interest in particular the Contractor in accordance with Site or a party appointed to the Scope and instructions design and/or to construct a project on the Site on behalf of the EmployerClient in the form attached at Schedule 7 of the Framework Agreement; and simultaneously with such novation enter into a Collateral Warranty substantially in the form attached at Schedule 5 of the Framework Agreement in favour of the Client. Where, and where necessary to Provide as part of the Services or Additional Services. Reasons for not accepting the Consultant's design are that • it does not comply with the Scope, • it does not comply with the applicable law or Statutory Requirements, • it is not integrated and coordinated with the designs of Others where the Consultant is required by the Scope or instructions of the Employer to integrate and/or co-ordinate his design with the designs of Others, or such integration is necessary for the Consultant to Provide the Services, • it does not comply with this contract, • it is such that it will not allow the Main Contract Works to produce 'final construction’ drawings these must be constructed in accordance with the Main Contract, • it is not in a format which is accepted clear and compatible for use by a CAD/Revit draughtsman without interpretation by an engineer. Where ‘as-built’ drawings are requested by the EmployerClient, the Consultant must provide these. The drawings must be clear and compatible for use by a CAD/Revit draughtsman without interpretation by an engineer. Any request by the Client for the production of drawings not forming part of the Services or recorded in the Services Order will be instructed as Additional Services in relation to which the Consultant shall be entitled to Additional Fees to be determined on a fair and reasonable basis unless agreed between the Client and the Consultant. In cases where the Client requests drawings based on site record information, the Consultant will provide these using site record information provided by the Client. The Consultant’s drawings must be clear and compatible for use by a CAD/Revit draughtsman without interpretation by an engineer. The Consultant does will not proceed with be liable for the relevant work until the Employer has accepted his design. 21.5 The Consultant keeps the Employer informed of all material aspects accuracy and completeness of the services and provides the Employer with such site record information and comments as he may from time to time require with regard to the Works promptly and in good time so as not to delay or disrupt the progress of the Works or cause the Employer to be in breach of any obligation to a third party, any applicable law or Statutory Requirement. 21.6 The Consultant obtains from and/or gives to Others all licences, consents, notices and approvals necessary or appropriate to enable him to Provide the Services other than those which the Scope states will be obtained or given provided by the Employer or Others. The Consultant ensures that, prior to Completion Client and wherever necessary during the course of Providing the Services, the conditions and requirements of the licences, consents, notices and approvals, whether obtained by the Consultant or the Employer, are complied with and that the same are renewed whenever necessary or appropriatemay rely on it without review.