Responsibility for Errors and Omissions. If at any time prior to the completion of the requirements under the Contract Documents, through no fault of its own, the Owner is required to provide or secure additional professional services (other than those professional services already within Owner’s scope) for any reason by any act or omission of the Contractor, the Contractor shall be invoiced by the Owner for any actual costs incurred for any such additional services, which costs may, among other remedies, be withheld from the progress payments and/or retention. If it is determined that there was no error or omission on the part of Contractor, Contractor shall not be liable for the cost of the additional professional services.
Responsibility for Errors and Omissions. The CONSULTANT shall be solely responsible for and pay all of the DISTRICT’S costs, expenses, fees and damages, of any and all kind, either due to or arising from errors by the CONSULTANT and/or one or more of the CONSULTANT’S consultants and/or sub-consultants as stated herein or that violate the standard of care set forth in Article XI, Paragraph 9 and subsequent subsections. The CONSULTANT shall be responsible for and pay all of the DISTRICT’S costs, expenses, fees and damages, of all kind, arising from the omissions of the CONSULTANT and/or one or more of the CONSULTANT’S consultants and/or sub-consultants that are greater than what the DISTRICT would have paid had the work been correctly shown in the approved Contract Documents. Notwithstanding the foregoing, the DISTRICT will pay for the costs, expenses, fees and/or damages arising from such errors and/or omissions up to a maximum aggregate amount of four percent (4%) of the Contractor’s Contract sum . The CONSULTANT shall be solely responsible for and pay for all of the DISTRICT’S costs, expenses, fees and/or damages arising from such errors and/or omissions in excess of four percent (4%) of the Contractor’s Contract sum.
Responsibility for Errors and Omissions
