Design Delegation Clause Samples
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Design Delegation. 7.15.1 The Professional may delegate or assign the performance of a professional service through an unlicensed third party, such as a contractor or subcontractor, to another licensee (delegatee). The Professional may not delegate professional services to a contractor or other entity not authorized to provide professional services in the State of New York. These professional services shall only be ancillary to the project. The Owner reserves the right to determine what is ancillary and may disallow this action if the Owner deems the work as not ancillary or not to be in accordance with the terms identified below. The Professional may elect to delegate only ancillary components of a project to the delegatee under the terms and limitations listed below. The Owner reserves the right to determine what is ancillary.
(i) such specifically defined design work shall be limited to project components ancillary to the main components of the project;
(ii) the design professional shall specify in writing to the delegatee all parameters which the design must satisfy. In the Contract Documents the Design Professional must clearly delineate between the Design Professional’s and the delegatee’s design responsibilities. The Design Professional must review the delegatee’s design, substantiated by signed and sealed calculations, and fully coordinate the delegatee’s design with the overall design of the project;
(iii) the design function shall be required to be performed in accordance with performance specifications established by the design professional and with all applicable codes, laws, rules, and regulations;
(iv) the delegatee shall be required to be licensed or otherwise legally authorized to perform the design work involved and shall be required to sign and seal any design prepared. At the discretion of the Owner, the Owner may engage a third party to review the delegatee’s work and its conformance with the overall design parameters specified by the design professional. The delegate shall be required to submit all of their work product to the reviewer;
(v) the design professional shall be required to review and approve the design submitted by the delegatee for conformance with the established specifications and parameters and such determination shall be in writing to the Owner;
(vi) the design professional shall be required to determine that the design prepared by the delegatee conforms to the overall project design and can be integrated into such design and such determ...
Design Delegation. 3.8.1 If the Subcontract Documents specifically require the Subcontractor to provide design services, the Subcontractor shall provide those design services necessary to satisfactorily complete the Subcontract Work. Design services provided by the Subcontractor shall be procured from licensed design professionals retained by the Subcontractor as permitted by the law of the place where the Project is located (the “Designer”). The Designer's signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by the Designer. Shop Drawings and other submittals related to the Subcontract Work designed or certified by the Designer, if prepared by others, shall bear the Subcontractor's and the Designer's written approvals when submitted to the Contractor. The Contractor shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by the Designer.
3.8.2 If the Designer is an independent professional, the design services shall be procured pursuant to a separate agreement between the Subcontractor and the Designer. The Subcontractor Designer agreement shall not provide for any limitation of liability or exclusion from participation in the multiparty proceedings requirement of Paragraph 11.
Design Delegation. 2.8.1 If the Subcontract Documents (1) specifically require the Subcontractor to provide design services and (2) specify all design and performance criteria, the Subcontractor shall provide those design services necessary to satisfactorily complete the Subcontract Work. Design services provided by the Subcontractor shall be procured from licensed design professionals retained by the Subcontractor as permitted by the law of the place where the Project is located (the Designer). The Designer's signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by the Designer. Shop Drawings and other submittals related to the Subcontract Work designed or certified by the Designer, if prepared by others, shall bear the Subcontractor's and the Designer's written approvals when submitted to the Contractor. The Contractor shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certification or approvals performed by the Designer.
2.8.2 If the Designer is an independent professional, the design services shall be procured pursuant to a separate agreement between the Subcontractor and the Designer. The Subcontractor-Designer agreement shall not provide for any limitation of liability, except to the extent that consequential damages are waived pursuant to Paragraph 4.8, or exclusion from participation in the multiparty proceedings requirement of Paragraph 9.
Design Delegation. 4.10.1 If the Subcontract Documents (1) specifically require the Subcontractor to provide design services and (2) specify all design and performance criteria, the Subcontractor shall provide the design services necessary to satisfactorily complete the Subcontract Work. Design services provided by the Subcontractor shall be procured from licensed, design professionals (the “Designer”) retained by the Subcontractor as permitted by the law of the place where the Project is located. The Designer's signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by the Designer. Shop Drawings and other submittals related to the Subcontract Work designed or certified by the Designer, if prepared by others, shall bear the Subcontractor's and the Designer's written approvals when submitted to the Contractor. The Contractor shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by the Designer.
4.10.2 If the Designer is an independent professional, the design services shall be procured pursuant to a separate agreement between the Subcontractor and the Designer. The Subcontractor-Designer agreement shall not provide for any limitation of liability or exclusion from participation in the multiparty proceedings requirement of Paragraph 11.
Design Delegation. If the Contract Documents specifically require the Construction Manager to procure design services, the Owner shall specify all required performance and design criteria. The Construction Manager shall not be responsible for the adequacy of such performance and design criteria. As permitted by the laws, rules and regulations in the jurisdiction where the Project is located, the Construction Manager shall procure such services and any certifications necessary to satisfactorily complete the Work from a licensed design professional. The signature and seal of the Construction Manager’s design professional shall appear on all drawings, calculations, specifications, certifications, shop drawings, and other submittals related to the Work designed or certified by the Construction Manager’s design professional.
Design Delegation. 4.10.1 If the Subcontract Documents (1) specifically require the Subcontractor to provide design services and (2) specify all design and performance criteria, the Subcontractor shall provide the design services necessary to satisfactorily complete the Subcontract Work. Design services provided by the Subcontractor shall be procured from licensed, design professionals (the “Designer”) retained by the Subcontractor as
4.10.2 If the Designer is an independent professional, the design services shall be procured pursuant to a separate agreement between the Subcontractor and the Designer. The Subcontractor-Designer agreement shall not provide for any limitation of liability or exclusion from
4.10.3 The Subcontractor shall not be required to provide design services in violation of any applicable law.
Design Delegation. Whenever the Contract Documents referenced in this MPA specifically require Vendor to furnish, as part of the performance required by this MPA, design or engineering services or certifications of any kind, Vendor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, shop drawings, and other submittals prepared by such professional. Buyer shall be entitled to rely upon the adequacy, accuracy, and completeness of such services. Vendor shall furnish a certificate of insurance from each design professional certifying to professional liability insurance coverage for such design profession in an amount not less than $1,000,000 or such greater amount as required by the Contract Documents. Vendor shall indemnify, defend and hold Buyer harmless from all claims, damages or losses, including reasonable attorney’s fees, arising out of or related to any errors or omissions in design.
Design Delegation. If and to the extent Subcontractor’s Work calls for or requires any design or engineering to be provided by or performed by Subcontractor, Subcontractor acknowledges it has full responsibility for the adequacy, accuracy and conformance of such design or engineering Work and that PDG is entitled to rely thereon. Subcontractor warrants that all such design and engineering provided or performed by it shall fully comply with all contract requirements, all codes, laws and regulations, and shall be performed consistent with the highest professional standards. Subcontractor shall reimburse or indemnify, pursuant to the indemnification obligation herein, PDG for all costs, losses, damages, etc., caused by or resulting from any nonconformity, inadequacy, or inaccuracy in Subcontractor’s design or engineering. Subcontractor shall require its design professional(s) to maintain professional liability insurance with a company reasonably satisfactory to PDG, including contractual liability insurance against the liabilit y assumed herein, and including coverage for any professional liability caused by consultants of its design professional and conforming to Exhibit E.
Design Delegation. 3.8.1 If the Subcontract Documents (a) specifically require the Subcontractor to procure design services, and (b) specify all design and performance criteria, the Subcontractor shall provide those design services necessary to satisfactorily complete the Subcontract Work. As permitted by the laws, rules, and regulations in the jurisdiction where the Project is located, the Subcontractor shall procure such services and any necessary certifications from licensed design professionals. Subcontractor's design professional must be a North Carolina licensed professional engineer with errors and omissions insurance in the amount in accordance with Article 9.
Design Delegation. 3.8.1 If the Subcontract Documents (1) specifically require the Subcontractor to provide design services and (2) specify all necessary design and performance criteria, the Subcontractor shall provide those design services necessary to satisfactorily complete the Subcontract Work. Design services provided by the Subcontractor shall be procured from licensed design professionals retained by the Subcontractor as permitted by the law of the place where the Project is located (the Designer). The Designer's signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by the Designer. Shop Drawings and other submittals related to the Subcontract Work designed or certified by the Designer, if prepared by others, shall bear the Subcontractor's and the Designer's written approvals when submitted to the Contractor. The Contractor shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by the Designer. By executing this Subcontract Agreement, the Subcontractor acknowledges and affirms that (1) the design and performance criteria supplied by the Contractor is sufficient to allow the Subcontractor to fulfill all of its design-build responsibilities under the terms of this Subcontract Agreement and (2) it will make no claim for additional compensation or schedule extensions associated with alleged deficiencies in such criteria.
3.8.2 If the Designer is an independent professional, the design services shall be procured pursuant to a separate agreement between the Subcontractor and the Designer. The Subcontractor-Designer agreement shall not provide for any limitation of liability, except to the extent that consequential damages are waived pursuant to Paragraph 5.4, or exclusion from participation in the multiparty proceedings requirement of Paragraph