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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 />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
<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
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