Common use of ADMINISTRATION OF CONSTRUCTION CONTRACTS Clause in Contracts

ADMINISTRATION OF CONSTRUCTION CONTRACTS. When applicable, STANTEC shall provide field services during the construction of the PROJECT only to the extent that such SERVICES are included and defined in this AGREEMENT. The performance of the construction contract is not STANTEC 's responsibility nor are STANTEC’s field services rendered for the construction contractor's benefit. It is understood and agreed by the CLIENT and STANTEC that only work which has been seen during an examination by STANTEC can be said to have been appraised and comments on the balance of any construction work are assumptions only. When field services are provided by STANTEC, the authority for general administration of the PROJECT shall reside with STANTEC only to the extent defined in this AGREEMENT. In such case, STANTEC shall coordinate the activities of other consultants employed by the CLIENT, only to the extent that STANTEC is empowered to do so by such other consultants’ contracts with the CLIENT. STANTEC shall not be responsible for any contractor’s failure to carry out the work in accordance with the contract documents nor for the acts or omissions of any contractor, subcontractor, any of their agents or employees, or any other persons performing any of the work in connection with the PROJECT. When field services are provided, no acceptance by STANTEC of the work or services of a construction contractor or other consultants, whether express or implied, shall relieve such construction contractor or other consultants from their responsibilities to the CLIENT for the proper performance of such work or services and further, STANTEC shall not be responsible to the CLIENT or to the construction contractor or to the other consultants for the means, methods, techniques, sequences, procedures and use of equipment of any nature whatsoever, whether reviewed by STANTEC or not, which are employed by the construction contractor or the other consultants in executing, designing, or administering any phases of the PROJECT, or for placing into operation any plant or equipment or for safety precautions and programs incidental thereto. When field services are provided, STANTEC will not be designated as the party responsible for the compliance by others on the construction work site with the purposes or requirements of applicable environmental, occupational health and safety, or similar legislation. The CLIENT shall designate a responsible party, other than STANTEC, for the coordination and performance of environmental, occupational health and safety activities on the construction work site as required by applicable legislation and associated regulations. JOBSITE SAFETY: Neither the professional activities of STANTEC, nor the presence of STANTEC or its employees and subconsultants at a construction site, shall relieve the CLIENT and any other entity of their obligations, duties and responsibilities with respect to job site safety. Subject only to applicable legislation, STANTEC and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions.

Appears in 5 contracts

Samples: Professional Services Agreement, Agreement, Agreement

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ADMINISTRATION OF CONSTRUCTION CONTRACTS. When applicable, STANTEC shall provide field services during the construction of the PROJECT only to the extent that such SERVICES are included and defined in this AGREEMENT. The performance of the construction contract is not STANTEC 's STANTEC’s responsibility nor are STANTEC’s field services rendered for the construction contractor's benefit. It is understood and agreed by the CLIENT and STANTEC that only work which has been seen during an examination by STANTEC can be said to have been appraised and comments on the balance of any construction work are assumptions only. When field services are provided by STANTEC, the authority for general administration of the PROJECT shall reside with STANTEC only to the extent defined in this AGREEMENT. In such case, STANTEC shall coordinate the activities of other consultants employed by the CLIENT, only to the extent that STANTEC is empowered to do so by such other consultants’ contracts with the CLIENT. STANTEC shall not be responsible for any contractor’s failure to carry out the work in accordance with the contract documents nor for the acts or omissions of any contractor, subcontractor, any of their agents or employees, or any other persons performing any of the work in connection with the PROJECT. When field services are provided, no acceptance by STANTEC of the work or services of a construction contractor or other consultants, whether express or implied, shall relieve such construction contractor or other consultants from their responsibilities to the CLIENT for the proper performance of such work or services and further, STANTEC shall not be responsible to the CLIENT or to the construction contractor or to the other consultants for the means, methods, techniques, sequences, procedures and use of equipment of any nature whatsoever, whether reviewed by STANTEC or not, which are employed by the construction contractor or the other consultants in executing, designing, or administering any phases of the PROJECT, or for placing into operation any plant or equipment or for safety precautions and programs incidental thereto. When field services are provided, STANTEC will not be designated as the party responsible for the compliance by others on the construction work site with the purposes or requirements of applicable environmental, occupational health and safety, or similar legislation. The CLIENT shall designate a responsible party, other than STANTEC, for the coordination and performance of environmental, occupational health and safety activities on the construction work site as required by applicable legislation and associated regulations. JOBSITE SAFETY: Neither the professional activities of STANTEC, nor the presence of STANTEC or its employees and subconsultants at a construction site, shall relieve the CLIENT and any other entity of their obligations, duties and responsibilities with respect to job site safety. Subject only to applicable legislation, STANTEC and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. LIMITATION OF LIABILITY: STANTEC’s liability insurance limits. As the CLIENT’s sole and exclusive remedy under this AGREEMENT any claim, demand or suit shall be directed and/or asserted only against STANTEC and not against any of STANTEC’s employees, officers or directors. STANTEC 's liability with respect to any claims arising out of this AGREEMENT shall be absolutely limited to direct damages arising out of the SERVICES and STANTEC shall bear no liability whatsoever for any consequential loss, injury or damage incurred by the CLIENT, including but not limited to claims for loss of use, loss of profits and loss of markets.

Appears in 2 contracts

Samples: Agreement, Professional Services Agreement

ADMINISTRATION OF CONSTRUCTION CONTRACTS. When applicable, STANTEC shall provide field services during the construction of the PROJECT only to the extent that such SERVICES are included and defined in this AGREEMENT. The performance of the construction contract is not STANTEC 's STANTEC’s responsibility nor are STANTEC’s field services rendered for the construction contractor's benefit. It is understood and agreed by the CLIENT and STANTEC that only work which has been seen during an examination by STANTEC can be said to have been appraised and comments on the balance of any construction work are assumptions only. When field services are provided by STANTEC, the authority for general administration of the PROJECT shall reside with STANTEC only to the extent defined in this AGREEMENT. In such case, STANTEC shall coordinate the activities of other consultants employed by the CLIENT, only to the extent that STANTEC is empowered to do so by such other consultants’ contracts with the CLIENT. STANTEC shall not be responsible for any contractor’s failure to carry out the work in accordance with the contract documents nor for the acts or omissions of any contractor, subcontractor, any of their agents or employees, or any other persons performing any of the work in connection with the PROJECT. When field services are provided, no acceptance by STANTEC of the work or services of a construction contractor or other consultants, whether express or implied, shall relieve such construction contractor or other consultants from their responsibilities to the CLIENT for the proper performance of such work or services and further, STANTEC shall not be responsible to the CLIENT or to the construction contractor or to the other consultants for the means, methods, techniques, sequences, procedures and use of equipment of any nature whatsoever, whether reviewed by STANTEC or not, which are employed by the construction contractor or the other consultants in executing, designing, or administering any phases of the PROJECT, or for placing into operation any plant or equipment or for safety precautions and programs incidental thereto. When field services are provided, STANTEC will not be designated as the party responsible for the compliance by others on the construction work site with the purposes or requirements of applicable environmental, occupational health and safety, or similar legislation. The CLIENT shall designate a responsible party, other than STANTEC, for the coordination and performance of environmental, occupational health and safety activities on the construction work site as required by applicable legislation and associated regulations. JOBSITE SAFETY: Neither the professional activities of STANTEC, nor the presence of STANTEC or its employees and subconsultants at a construction site, shall relieve the CLIENT and any other entity of their obligations, duties and responsibilities with respect to job site safety. Subject only to applicable legislation, STANTEC and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions.

Appears in 1 contract

Samples: Professional Services Agreement

ADMINISTRATION OF CONSTRUCTION CONTRACTS. When applicable, STANTEC Stantec shall provide field services during the construction of the PROJECT Project only to the extent that such SERVICES Services are included and defined in this AGREEMENTAgreement. The performance of the construction contract is not STANTEC 's Stantec’s responsibility nor are STANTECStantec’s field services rendered for the construction contractor's benefit. It is understood and agreed by the CLIENT Client and STANTEC Stantec that only work which has been seen during an examination by STANTEC Stantec can be said to have been appraised and comments on the balance of any construction work are assumptions only. When field services are provided by STANTECStantec, the authority for general administration of the PROJECT Project shall reside with STANTEC Stantec only to the extent defined in this AGREEMENTAgreement. In such case, STANTEC Stantec shall coordinate the activities of other consultants employed by the CLIENTClient, only to the extent that STANTEC Stantec is empowered to do so by such other consultants’ contracts with the CLIENTClient. STANTEC Stantec shall not be responsible for any contractor’s failure to carry out the work in accordance with the contract documents nor for the acts or omissions of any contractor, subcontractor, any of their agents or employees, or any other persons performing any of the work in connection with the PROJECTProject. When field services are provided, no acceptance by STANTEC Stantec of the work or services of a construction contractor or other consultants, whether express or implied, shall relieve such construction contractor or other consultants from their responsibilities to the CLIENT Client for the proper performance of such work or services and further, STANTEC Stantec shall not be responsible to the CLIENT Client or to the construction contractor or to the other consultants for the means, methods, techniques, sequences, procedures and use of equipment of any nature whatsoever, whether reviewed by STANTEC Stantec or not, which are employed by the construction contractor or the other consultants in executing, designing, or administering any phases of the PROJECTProject, or for placing into operation any plant or equipment or for safety precautions and programs incidental thereto. When field services are provided, STANTEC Stantec will not be designated as the party responsible for the compliance by others on the construction work site with the purposes or requirements of applicable environmental, occupational health and safety, or similar legislation. The CLIENT Client shall designate a responsible party, other than STANTECStantec, for the coordination and performance of environmental, occupational health and safety activities on the construction work site as required by applicable legislation and associated regulations. JOBSITE SAFETY: Neither the professional activities of STANTECStantec, nor the presence of STANTEC Stantec or its employees and subconsultants at a construction site, shall relieve the CLIENT Client and any other entity of their obligations, duties and responsibilities with respect to job site safety. Subject only to applicable legislation, STANTEC Stantec and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions.

Appears in 1 contract

Samples: Agreement

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ADMINISTRATION OF CONSTRUCTION CONTRACTS. When applicable, STANTEC Stantec shall provide field services during the construction of the PROJECT Project only to the extent that such SERVICES Services are included and defined in this AGREEMENTAgreement. The performance of the construction contract is not STANTEC 's Stantec’s responsibility nor are STANTECStantec’s field services rendered for the construction contractor's benefit. It is understood and agreed by the CLIENT Client and STANTEC Stantec that only work which has been seen during an examination by STANTEC Stantec can be said to have been appraised and comments on the balance of any construction work are assumptions only. When field services are provided by STANTECStantec, the authority for general administration of the PROJECT Project shall reside with STANTEC Stantec only to the extent defined in this AGREEMENTAgreement. In such case, STANTEC Stantec shall coordinate the activities of other consultants employed by the CLIENTClient, only to the extent that STANTEC Stantec is empowered to do so by such other consultants’ contracts with the CLIENTClient. STANTEC Stantec shall not be responsible for any contractor’s failure to carry out the work in accordance with the contract documents nor for the acts or omissions of any contractor, subcontractor, any of their agents or employees, or any other persons performing any of the work in connection with the PROJECTProject. When field services are provided, no acceptance by STANTEC Stantec of the work or services of a construction contractor or other consultants, whether express or implied, shall relieve such construction contractor or other consultants from their responsibilities to the CLIENT Client for the proper performance of such work or services and further, STANTEC Stantec shall not be responsible to the CLIENT Client or to the construction contractor or to the other consultants for the means, methods, techniques, sequences, procedures and use of equipment of any nature whatsoever, whether reviewed by STANTEC Stantec or not, which are employed by the construction contractor or the other consultants in executing, designing, or administering any phases of the PROJECTProject, or for placing into operation any plant or equipment or for safety precautions and programs incidental thereto. When field services are provided, STANTEC Stantec will not be designated as the party responsible for the compliance by others on the construction work site with the purposes or requirements of applicable environmental, occupational health and safety, or similar legislation. The CLIENT Client shall designate a responsible party, other than STANTEC, Stantec for the coordination and performance of environmental, occupational health and safety activities on the construction work site as required by applicable legislation and associated regulations. JOBSITE SAFETY: Neither the professional activities of STANTECStantec, nor the presence of STANTEC Stantec or its employees and subconsultants at a construction site, shall relieve the CLIENT and Client, Contractors or any other entity of their obligations, duties and responsibilities with respect to job site jobsite safety. Subject only to applicable legislation, STANTEC and its personnel have Stantec has no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any environmental, health or safety activities or precautions. In the event of any construction emergency, which in the opinion of Stantec requires immediate action in the Client's interests, Stantec shall have authority to issue such orders on behalf of and at the expense of the Client as are deemed necessary or expedient. At no time shall Stantec be construed to be the party as defined under applicable Occupational Health and Safety (OHS) legislation responsible for coordination or provision of environmental, health and safety requirements and activities for the Project or Project work sites, except as such requirements relate to Stantec’s own staff.

Appears in 1 contract

Samples: Community Development Professional Services Agreement

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