Common use of THE PROJECT DESIGN PROFESSIONAL Clause in Contracts

THE PROJECT DESIGN PROFESSIONAL. The Design Professional for this Project, if any, is noted in the Project Form (the “Design Professional”). In the event the Owner should find it necessary or convenient to replace the Design Professional, the Owner shall retain a replacement Design Professional and the role of the replacement design professional shall be the same as the role of the Design Professional. Unless otherwise directed by the Owner in writing, the Design Professional will perform those duties and discharge those responsibilities allocated to the Design Professional in the Contract Documents. The duties, obligations, and responsibilities of the Design Professional shall include, but are not limited to, the following: A. Unless otherwise directed by the Owner in writing, the Design Professional shall act as the Owner’s agent from the effective date of the Construction Contract until final payment has been made, to the extent expressly set forth in the Contract Documents; B. Unless otherwise directed by the Owner in writing, the Owner and the Contractor shall communicate with each other through the Design Professional; C. When requested by the Contractor in writing, the Design Professional shall render interpretations necessary for the proper execution or progress of the work; D. The Design Professional shall draft proposed Change Orders; E. The Design Professional shall approve or respond otherwise as necessary concerning shop drawings or other submittals received from the Contractor; F. The Design Professional shall be authorized to refuse to accept work which is defective or otherwise fails to comply with the requirements of the Contract Documents. If the Design Professional deems it appropriate, the Design Professional shall be authorized to call for extra inspection or testing of the work for compliance with requirements of the Contract Documents; G. The Design Professional shall review the Contractor’s Payment Requests and shall approve in writing those amounts which, in the opinion of the Design Professional, are properly owing to the Contractor as provided in the Construction Contract; H. The Design Professional shall, upon written request from the Contractor, perform those inspections required in Article VII hereinabove; I. The Design Professional shall be authorized to require the Contractor to make changes which do not involve a change in the Contract Price or in the time for the Contractor’s performance of the Construction Contract consistent with the intent of the Contract Documents; J. THE DUTIES, OBLIGATIONS, AND RESPONSIBILITIES OF THE CONTRACTOR UNDER THE CONTRACT DOCUMENTS SHALL IN NO MANNER WHATSOEVER BE CHANGED, ALTERED, DISCHARGED, RELEASED, OR SATISFIED BY ANY DUTY, OBLIGATION, OR RESPONSIBILITY OF THE DESIGN PROFESSIONAL. THE CONTRACTOR IS NOT A THIRD-PARTY BENEFICIARY OF ANY CONTRACT BY AND BETWEEN THE OWNER AND THE DESIGN PROFESSIONAL. IT IS EXPRESSLY ACKNOWLEDGED AND AGREED THAT THE DUTIES OF THE CONTRACTOR TO THE OWNER ARE INDEPENDENT OF, AND ARE NOT DIMINISHED BY, ANY DUTIES OF THE DESIGN PROFESSIONAL TO THE OWNER.

THE PROJECT DESIGN PROFESSIONAL. The Design Professional for this Project, if any, is noted in the Project Form (the “Design Professional”). In the event the Owner should find it necessary or convenient to replace the Design Professional, the Owner shall retain a replacement Design Professional and the role of the replacement design professional shall be the same as the role of the Design Professional. Unless otherwise directed by the Owner in writing, the Design Professional will perform those duties and discharge those responsibilities allocated to the Design Professional in the Contract Documents. The duties, obligations, and responsibilities of the Design Professional shall include, but are not limited to, the following: A. Unless otherwise directed by the Owner in writing, the Design Professional shall act as the Owner’s agent from the effective date of the Construction Contract until final payment has been made, to the extent expressly set forth in the Contract Documents; B. Unless otherwise directed by the Owner in writing, the Owner and the Contractor shall communicate with each other through the Design Professional; C. When requested by the Contractor in writing, the Design Professional shall render interpretations necessary for the proper execution or progress of the work; D. The Design Professional shall draft proposed Change Orders; E. The Design Professional shall approve or respond otherwise as necessary concerning shop drawings or other submittals received from the Contractor; F. The Design Professional shall be authorized to refuse to accept work which is defective or otherwise fails to comply with the requirements of the Contract Documents. If the Design Professional deems it appropriate, the Design Professional shall be authorized to call for extra inspection or testing of the work for compliance with requirements of the Contract Documents; G. The Design Professional shall review the Contractor’s Payment Requests and shall approve in writing those amounts which, in the opinion of the Design Professional, are properly owing to the Contractor as provided in the Construction Contract; H. The Design Professional shall, upon written request from the Contractor, perform those inspections required in Article VII hereinabove; I. The Design Professional shall be authorized to require the Contractor to make changes which do not involve a change in the Contract Price or in the time for the Contractor’s performance of the Construction Contract consistent with the intent of the Contract Documents; J. X. THE DUTIES, OBLIGATIONS, AND RESPONSIBILITIES OF THE CONTRACTOR UNDER THE CONTRACT DOCUMENTS SHALL IN NO MANNER WHATSOEVER BE CHANGED, ALTERED, DISCHARGED, RELEASED, OR SATISFIED BY ANY DUTY, OBLIGATION, OR RESPONSIBILITY OF THE DESIGN PROFESSIONAL. THE CONTRACTOR IS NOT A THIRD-PARTY BENEFICIARY OF ANY CONTRACT BY AND BETWEEN THE OWNER AND THE DESIGN PROFESSIONAL. IT IS EXPRESSLY ACKNOWLEDGED AND AGREED THAT THE DUTIES OF THE CONTRACTOR TO THE OWNER ARE INDEPENDENT OF, AND ARE NOT DIMINISHED BY, ANY DUTIES OF THE DESIGN PROFESSIONAL TO THE OWNER.