DISCREPANCIES, ERRORS, AND OMISSIONS Sample Clauses
The "Discrepancies, Errors and Omissions" clause defines how inconsistencies, mistakes, or missing information in a contract or its related documents are to be addressed. Typically, this clause requires the parties to promptly notify each other upon discovering any such issues and may outline a process for correction or clarification, such as referring the matter to a designated authority or following a set procedure. Its core practical function is to ensure that any ambiguities or inaccuracies are resolved efficiently, thereby minimizing misunderstandings and reducing the risk of disputes during the performance of the contract.
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DISCREPANCIES, ERRORS, AND OMISSIONS a) Should any discrepancy appear or any misunderstanding arise as to the significance of any part of the specifications or drawings, the interpretation and decision of the City’s designee shall be final and binding on both parties to this Contract.
b) Any correction of errors or omissions in drawings and specifications may be made by the City’s designee when such correction is necessary for the proper fulfillment of the Contract. Where said correction of errors or omissions adds to the amount of work to be done by the Contractor, compensation for said additional work shall be made under a written Change Order except where the additional work may be classed under some item of work for which a unit price is included in the bid submittal.
c) The fact that specific mention of a fixture, or of any part of the work, is omitted in the specifications, whether intentionally or otherwise, when the same is clearly shown or indicated on the drawings, or is usually and customarily required to fully complete such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but said fixtures or work, or both, must be installed or done the same as if called for by both the drawings and specifications.
d) All work indicated on the drawings and not mentioned in the specifications, or vice-versa, and all work and material usual and necessary to make the work complete in all its parts, whether or not they are indicated on the drawings or mentioned in the specifications, shall be furnished and executed the same as if they were called for by both the drawings and specifications.
DISCREPANCIES, ERRORS, AND OMISSIONS. The intent of the Contract Documents is to require Contractor to perform and provide every detail and item necessary for completion of the Project. The Contract Documents are not complete in every detail, however, and Contractor shall comply with their intent and meaning, taken as a whole, and shall not avail itself of any manifest errors or omissions to the detriment of the Work. Should any error, omission, discrepancy, or ambiguity appear in the Contract Documents, instructions, or Work done by others, Contractor shall immediately upon discovery submit a Request for Information to Metro pursuant to Section 3.3. If Contractor proceeds with any such Work without receiving a response to the Request for Information, Contractor shall be responsible for all resulting damage and defects, and shall perform any Work necessary to comply with the Request for Information at no cost to Metro. Any Work or material not indicated in the Contract Documents that is manifestly necessary for full and faithful performance of the Work in accordance with the intent of the Contract Documents shall be indicated by Contractor on the shop drawings and provided by Contractor to the same extent as if both indicated and specified. Any Work indicated on the drawings but not specified, or vice versa, shall be furnished in the manner specified above as though fully set forth in both. Work not particularly detailed, marked, or specified shall be the same as similar parts that are detailed, marked, or specified. In case of discrepancy or ambiguity in quantity or quality, the greater quantity or better quality as determined by Metro shall be provided at no extra cost to Metro. Metro Contract #
DISCREPANCIES, ERRORS, AND OMISSIONS. Any discrepancies, errors, or ambiguities in this RFQ or addenda (if any) should be reported in writing to the City's contact person identified in this RFQ. Should it be found necessary, a written addendum will be incorporated into this RFQ. The City will not be responsible for any oral instructions, clarifications, or other communications.
DISCREPANCIES, ERRORS, AND OMISSIONS. Any discrepancies, errors, or ambiguities in this solicitation or amendment(s) thereto (if any) should be reported in writing to the City's Procurement & Supply Management Department. Should it be found necessary, a written amendment will be incorporated in this solicitation. The City will not be responsible for any oral instructions, clarifications, or other communications.
DISCREPANCIES, ERRORS, AND OMISSIONS. The Contract Documents are not complete in every detail and in some cases may show only the purpose and intent. Subcontractor shall comply with the reasonably inferable intent and meaning of the Contract Documents, taken as a whole, and shall not avail itself of any patent error, omission, discrepancy or ambiguity in the Contract Documents, or in the instructions given or work provided by others. Subcontractor shall notify the Contractor in writing immediately upon discovery of any such error, omission, discrepancy or ambiguity and the Contractor shall address the matter within a reasonable period of time, issuing a clarification or modification if appropriate. If Subcontractor proceeds with any Work-related activity involving an error, omission, discrepancy or ambiguity which Subcontractor knew of, or reasonably should have known of, without first giving such notice to Contractor, Subcontractor shall be responsible for all defects, delays, damages and additional costs to Owner and/or Contractor arising from or relating thereto, including without limitation all costs of correction, inspection, testing, supervision and project administration.
DISCREPANCIES, ERRORS, AND OMISSIONS a) Should any discrepancy appear or any misunderstanding arise as to the significance of any part of the specifications or drawings, the City’s designee shall review and consult with Designer prior to issuing an interpretation and decision, which shall be final and binding on both parties to this Contract.
b) The City’s designee may reasonably direct Designer to correct errors or omissions in drawings and specifications when such correction is necessary for the proper fulfillment of the Contract. Where said correction of errors or omissions adds to the amount of services to be supplied by the Designer, compensation for said additional services shall be made under a written Change Order.
c) The fact that specific part of the services has been omitted in the specifications, whether intentionally or otherwise, when the same is usually and customarily required to fully complete such services as is specified herein, will not entitle the Designer to consideration in the matter of any claim for extra compensation, but said services must be performed same as if called for in the specifications.
DISCREPANCIES, ERRORS, AND OMISSIONS. If either Party identifies any discrepancy, error or omission between the provisions of this Contract, it shall notify the other Party in writing of such discrepancy, error or omission as soon as reasonably practical. The Parties shall seek to agree such amendments to resolve such discrepancy, error or omission as soon as reasonably practical. Where the Parties fail to reach agreement within ten (10) Working Days of the notice under Clause 83.1 (Discrepancies, Errors and Omissions) and either Party considers that the discrepancy, error or omission to be material to its rights and obligations under this Contract, then the matter will be referred to the Dispute Resolution Procedure.
DISCREPANCIES, ERRORS, AND OMISSIONS. Any discrepancies, errors, or ambiguities in this RQU or amendment(s) thereto (if any) should be reported in writing to the City's Procurement & Supply Management Department. Should it be found necessary, a written amendment will be incorporated in this RQU. The City will not be responsible for any oral instructions, clarifications, or other communications.
DISCREPANCIES, ERRORS, AND OMISSIONS. 37.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become thoroughly familiar with all the existing conditions at the site, has taken all such conditions into consideration as they may affect the Work under its Contract, and correlated personal observations with requirements of the Contract Documents. No allowance will be made in the Contract or the Work under the Contract for failure of the Contractor to visit the site.
37.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to these General Conditions, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Engineer, in writing, any errors, inconsistencies, or omissions discovered by or made known to the Contractor as a request for information in such form as the Engineer may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. Before starting the work and at frequent intervals during the progress thereof, the Contractor shall carefully study and compare the contract documents with each other and with the information furnished by the Owner pursuant to this Article and shall at once report to the Engineer any error, inconsistency or omission the Contractor may discover. Any necessary change will be ordered as provided in Article 5, subject to the requirements of other provisions of the Contract Documents. If the Contractor proceeds with the Work without such notice, the Engineer, having discovered such errors, inconsistencies or omissions, or if by reasonable study of the Contract Documents it could be discovered such, the Contractor shall bear all cost arising therefrom.
37.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rule...
DISCREPANCIES, ERRORS, AND OMISSIONS. Any discrepancies, errors, omissions, or ambiguities in the RFQ or addenda (if any) should be reported in writing to the Procurement Department in the same manner as provided for in Section B3, Additional Information or Clarification. Should it be necessary, the Town will issue a written addendum to the RFQ clarifying such conflicts or ambiguities.