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<br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services
<br />Copyright ©2008 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />4.01 Successors, Assigns, and Beneficiaries
<br />A.Owner and Engineer are hereby bound and the successors, executors, administrators, and legal
<br />representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B the
<br />assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the
<br />successors, executors, administrators, and legal representatives (and said assigns) of such other
<br />party, in respect of all covenants, agreements, and obligations of this Agreement.
<br />B.Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including,
<br />but without limitation, moneys that are due or may become due) in this Agreement without the
<br />written consent of the other, except to the extent that any assignment, subletting, or transfer is
<br />mandated or restricted by law. Unless specifically stated to the contrary in any written consent to
<br />an assignment, no assignment will release or discharge the assignor from any duty or responsibility
<br />under this Agreement.
<br />C.Unless expressly provided otherwise, nothing in this Agreement shall be construed to create,
<br />impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor,
<br />supplier, other individual or entity, or to any surety for or employee of any of them. All duties and
<br />responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of
<br />Owner and Engineer and not for the benefit of any other party.
<br />5.01 General Considerations
<br />A.The standard of care for all professional engineering and related services performed or furnished
<br />by Engineer under this Agreement will be the care and skill ordinarily used by members of the
<br />subject profession practicing under similar circumstances at the same time and in the same locality.
<br />Engineer makes no warranties, express or implied, under this Agreement or otherwise, in
<br />connection with Engineer’s services. Subject to the foregoing standard of care, Engineer and its
<br />consultants may use or rely upon design elements and information ordinarily or customarily
<br />furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers,
<br />and the publishers of technical standards.
<br />B.Engineer shall not at any time supervise, direct, control, or have authority over any contractor's
<br />work, nor shall Engineer have authority over or be responsible for the means, methods, techniques,
<br />sequences, or procedures of construction selected or used by any contractor, or the safety
<br />precautions and programs incident thereto, for security or safety at the Project site, nor for any
<br />failure of a contractor to comply with laws and regulations applicable to such contractor's
<br />furnishing and performing of its work.
<br />C.This Agreement is to be governed by the law of the state or jurisdiction in which the Project is
<br />located.
<br />D.Engineer neither guarantees the performance of any contractor nor assumes responsibility for any
<br />contractor’s failure to furnish and perform its work in accordance with the contract between Owner
<br />and such contractor. Engineer is not responsible for variations between actual construction bids or
<br />costs and Engineer's opinions or estimates regarding construction costs.
<br />E.Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or
<br />supplier, or of any of their agents or employees or of any other persons (except Engineer’s own
<br />employees) at the Project site or otherwise furnishing or performing any construction work; or for
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