Common use of Changes in Engineer’s Designated Clause in Contracts

Changes in Engineer’s Designated. Representative, Key Personnel and Consultants. The Services provided by the Engineer are deemed to be personal services. Engineer understands and acknowledges that its selection by Owner was, in part, based on the Engineer’s Representative, Key Personnel, and Consultants identified in Exhibit B. The Engineer shall not make changes to its Representative, Key Personnel or Consultants or reduce their responsibilities for this Project without the prior written approval of the Owner. Should circumstances beyond the control of the Engineer result in changes to any person or entity on this team, the Engineer shall submit the credentials of the Engineer’s proposed replacement for the Owner’s approval, which approval shall not be unreasonably withheld. If Owner determines, in its sole but reasonable discretion, that the performance of any person or entity employed by Engineer is unsatisfactory, then at the written request of Owner, Engineer shall remove, reassign or replace such individual or entity and such individual or entity shall not be reemployed on the Project without the prior written approval of Owner. The Owner shall make reasonable compensation to the Engineer for any adjustments in fee necessary to replace outside consultants identified in Exhibit B.

Changes in Engineer’s Designated. Representative, Key Personnel and Consultants. The Services provided by the Engineer are deemed to be personal services. Engineer understands and acknowledges that its selection by Owner was, in part, based on the Engineer’s Representative, Key Personnel, and Consultants identified in Exhibit B. The Engineer shall not make changes to its Representative, Key Personnel or Consultants or reduce their responsibilities for this Project without the prior written approval of the Owner. The Engineer shall request and justify the need for the substitution and obtain approval from the Owner prior to use of a different subconsultant on the contract. The proposed replacement must be as qualified as the original, and at the same or lower cost. Should circumstances beyond the control of the Engineer result in changes to any person or entity on this team, the Engineer shall submit the credentials of the Engineer’s proposed replacement for the Owner’s approval, which approval shall not be unreasonably withheld. If Owner determines, in its sole but reasonable discretion, that the performance of any person or entity employed by Engineer is unsatisfactory, then at the written request of Owner, Engineer shall remove, reassign or replace such individual or entity and such individual or entity shall not be reemployed on the Project without the prior written approval of Owner. The Owner shall make reasonable compensation to the Engineer for any adjustments in fee necessary to replace outside consultants identified in Exhibit B..