Common use of Duty to Review Clause in Contracts

Duty to Review. Contract Documents and Field Conditions after Commencement of the Work. (a) Before starting each portion of the Work, and throughout the performance of the Work, the Contractor shall carefully study and compare the various Construction Documents and other Contract Documents relative to that portion of the Work, shall take field measurements of any existing conditions related to that portion of the Work, and shall investigate and observe any conditions at the Worksite that may affect performance of the Work. These obligations are for the purpose of assuring the completeness of the Construction Documents; any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Project Manager and Architect/Engineer as a request for information in such form as required by Project Manager. The Contractor shall be liable to the Owner for damages resulting from errors, inconsistencies or omissions in the Contract Documents that Contractor should have discovered and reported, in the exercise of the Standard of Care. (b) 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 by a Contract Amendment. The Contractor is not required to ascertain that the Contract Documents are in accordance with Applicable Law, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or which reasonably should have, in the exercise of the Standard of Care, been discovered by the Contractor, or which is made known to the Contractor shall be reported promptly to the Project Manager and Architect/Engineer. If the Contractor performs any Work which it knew or should have known was contrary to such Applicable Law, statutes, ordinances, building codes, or rules and regulations without giving such notice to the Project Manager and Architect/Engineer, Contractor shall assume full responsibility for such Work and shall bear the costs attributable to correction thereof. (c) The Contractor and each Subcontractor shall evaluate and satisfy themselves as to the conditions and limitations under which the Work is to be performed, including: (1) the location, condition, layout and nature of the Worksite and surrounding areas; (2) generally prevailing climatic conditions; (3) anticipated labor supply and costs; (4) availability and cost of materials, tools and equipment; and (5) other similar issues. (d) Within three (3) calendar days of when it knew or reasonably should have known of the Worksite conditions set forth below, the Contractor shall, before such Worksite conditions are disturbed, give a written notice to the Project Manager of (1) any subsurface or latent physical conditions at the Worksite which differ materially from those indicated in the Contract Documents; or (2) of any unknown physical conditions at the Worksite, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as common conditions in Work of the character provided for in the Contract Documents.