Common use of Scope Validation Period Clause in Contracts

Scope Validation Period. During the ninety (90) day period following the Notice to Proceed (“Scope Validation Period”), Design-Builder thoroughly shall review and compare all of the then-existing Contract Documents, including the RFP and any incorporated documents and the Proposal, to verify and validate Design-Builder’s proposed design concept and identify any errors, omissions, inconsistencies, constructability problems, Site conditions or any other defects or concerns of any kind (collectively referred to as “Scope Issues”) that may affect Design-Builder’s ability to complete its proposed design concept within the Contract Sum and Guaranteed Completion Date(s). If Design-Builder finds any Scope Issues, it shall notify Owner in writing of such findings within the Scope Validation Period. Upon such notice, the Parties shall promptly meet and confer to discuss the resolution of such issues. If a Scope Issue could not have reasonably been identified by Design-Builder prior to the Agreement Date, and if resolution of the issue materially impacts Design-Builder’s price or time to perform the Work, Design-Builder shall be entitled to submit a request for Change Order, and Owner shall have the right to act upon such request, in accordance with Article 8. Notwithstanding anything to the contrary in the Contract Documents or as a matter of law, Design-Builder shall have the burden of proving that the alleged Scope Issue could not have been reasonably identified prior to the Agreement Date and that such Scope Issue materially impacts its price or time to perform the Work.

Scope Validation Period. During the ninety (90) day period following the Notice to Proceed (“Scope Validation Period”), Design-Builder thoroughly shall review and compare all of the then-existing Contract Documents, including the RFP and any incorporated documents and the Proposal, to verify and validate Design-Builder’s proposed design concept and identify any errors, omissions, inconsistencies, constructability problems, Site conditions or any other defects or concerns of any kind (collectively referred to as “Scope Issues”) that may affect Design-Builder’s ability to complete its proposed design concept within the Contract Sum and Guaranteed Completion Date(s). If Design-Design- Builder finds any Scope Issues, it shall notify Owner in writing of such findings within the Scope Validation Period. Upon such notice, the Parties shall promptly meet and confer to discuss the resolution of such issues. If a Scope Issue could not have reasonably been identified by Design-Builder prior to the Agreement Date, and if resolution of the issue materially impacts Design-Builder’s price or time to perform the Work, Design-Builder shall be entitled to submit a request for Change Order, and Owner shall have the right to act upon such request, in accordance with Article 8. Notwithstanding anything to the contrary in the Contract Documents or as a matter of law, Design-Builder shall have the burden of proving that the alleged Scope Issue could not have been reasonably identified prior to the Agreement Date and that such Scope Issue materially impacts its price or time to perform the Work.