Common use of Timely Performance of AE Clause in Contracts

Timely Performance of AE. Owner, CM and AE understand, acknowledge and agree that timely performance and response by AE to certain information requested by CM is an important aspect of joint cooperation between and among the Construction Team. The CM shall identify which requests for information or response from the AE have the greatest urgency, and the CM shall identify those items which require prioritizing in response by the AE. The CM shall also identify the preferred time period for response and shall request a response time which is reasonably and demonstrably related to the needs of the PROJECT and CM. In the event that the period of time identified by CM for response is demonstrably unfair, AE shall communicate such information to CM, in writing, and AE shall identify the time necessary for response and a date upon which the AE's response will be made. In the event that the AE believes that any such information provided by CM is incomplete or otherwise inadequate to provide its response, AE shall immediately inform CM of such fact, in writing, with a copy to the Owner's Project Coordinator. In the event that the CM believes that AE is not providing timely services or responses as required by this paragraph, CM shall immediately inform AE of such fact, in writing, with a copy to the Owner's Project Coordinator.