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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 />any decision made regarding the construction contract requirements, or any application,
<br />interpretation, or clarification of the construction contract other than those made by Engineer.
<br />F.The general conditions for any construction contract documents prepared hereunder are to be the
<br />“Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint
<br />Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise.
<br />G.The Owner acknowledges the Engineer’s construction documents, including all electronic files, as
<br />instruments of professional services. Owner shall have a limited license to use the documents on
<br />the Project, extensions of the Project, and for related uses of the Owner, subject to the following
<br />limitations: (1) Owner acknowledges that such documents are not intended or represented to be
<br />suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or
<br />others on extensions of the Project, on any other project, or for any other use or purpose, without
<br />written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of
<br />the documents, without written verification, completion, or adaptation by Engineer, as appropriate
<br />for the specific purpose intended, will be at Owner’s sole risk and without liability or legal
<br />exposure to Engineer or to its officers, directors, members, partners, agents, employees, and
<br />consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors,
<br />members, partners, agents, employees, and consultants from all claims, damages, losses, and
<br />expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification
<br />of the documents without written verification, completion, or adaptation by Engineer; and (4) such
<br />limited license to Owner shall not create any rights in third parties. Nevertheless, the final
<br />construction documents, including all electronic files, prepared under this agreement shall become
<br />the property of the Owner upon completion of services and payment in full of all monies due to the
<br />Engineer.
<br />H.To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the
<br />other’s employees, officers, directors, agents, insurers, partners, and consultants, any and all claims
<br />for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting
<br />from, or in any way related to the Project, and (2) agree that Engineer’s total liability to Owner
<br />under this Agreement shall be limited to $50,000 or the total amount of compensation received by
<br />Engineer, whichever is greater.
<br />I.The parties acknowledge that Engineer’s scope of services does not include any services related to
<br />a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous
<br />substances or waste as defined by the Comprehensive Environmental Response, Compensation and
<br />Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party
<br />encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability
<br />for consequential or any other damages, suspend performance of services on the portion of the
<br />Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to
<br />identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition;
<br />and (2) warrants that the Site is in full compliance with applicable Laws and Regulations.
<br />J.Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days
<br />after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute
<br />shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law.
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