Common use of Consultation and Analysis Clause in Contracts

Consultation and Analysis. The parties acknowledge that the Contractor was engaged through a competitive procurement process based on a set of bid documents that are intended to represent a complete set of construction documents (the “Bid Set”). Notwithstanding the characterization of the Bid Set as a complete set of documents, both parties to this Agreement acknowledge and agree that the Bid Set is likely to contain errors, omissions, ambiguities and discrepancies that are typically found in documents of this nature, and it is the intent of the Agreement to transfer the risk associated with such errors, omissions, ambiguities and discrepancies to the Contractor. Based on the preconstruction review of the Bid Set, the Contractor has confirmed the Lump Sum Price set forth herein, and the parties have agreed to liquidated damages if the Substantial Completion Date is not met.

Consultation and Analysis. The parties acknowledge that the Contractor was engaged through a competitive procurement process based on a set of bid documents that are intended to represent a complete set of construction documents (the “Bid Set”). Notwithstanding the characterization of the Bid Set as a complete set of documents, both parties to this Agreement acknowledge and agree that the Bid Set is likely to contain errors, omissions, ambiguities and discrepancies that are typically found in documents of this nature, and it is the intent of the Agreement to transfer the risk associated with such errors, omissions, ambiguities and discrepancies to the Contractor. Based on the preconstruction review of the Bid Set, the Contractor has confirmed the Lump Sum Price set forth herein, herein and the Project Schedule and the parties have agreed to liquidated damages if the Substantial Completion Date is not met.