Common use of EXAMINATION OF DOCUMENTS AND SITE Clause in Contracts

EXAMINATION OF DOCUMENTS AND SITE. 1.5.1 The Contractor declares and represents that in tendering for the Work, and in entering into a Contract with the Owner for the performance of the Work, it has investigated for itself the character of the Work to be done, based on information generally available from a visit to the Place of the Work and to the standard set out under GC 3.14.1 and further represents and warrants and acknowledges that it considered and took into account in the Contract Price all reasonably known impacts and restrictions arising from the COVID-19 pandemic, including without limitation corresponding legislative changes that may impact performance of the Project, various weather conditions that may affect the Work, the availability of supplies and labour or other conditions or risks that the Contractor knew about or reasonably ought to have known about prior to the date of the Contract. The Contractor has assumed and does hereby assume all risk of known conditions now existing or arising in the course of the Work which might or could make the Work, or any items thereof more expensive in character, or more onerous to fulfil, than was contemplated or known when the tender was made or the Contract signed. 1.5.2 The Contractor also declares that prior to commencement of the Work, where in tendering for the Work and in entering into this Contract, the Contractor relied upon information furnished by the Owner or any of its agents or servants respecting the nature or confirmation of the ground at the site of the Work, the Contractor shall review to the standard specified in GC 3.14.1, the accuracy of the information furnished by the Owner. If a condition is materially different than what is stated in the information furnished by the Owner, the Contractor shall, no later than five (5) Working Days after the first observation of such condition(s), deliver to the Owner and to the Consultant a Notice in Writing specifying the materially different condition and the Contractor shall not proceed with the affected part of the Work until receiving written direction from the Owner or the Consultant. Where the Contractor fails to provide prompt Notice in Writing in accordance with this GC 1.5.2, the Contractor expressly waives and releases the Owner from all claims with respect to the said information with respect to the Work.

EXAMINATION OF DOCUMENTS AND SITE. 1.5.1 1.6.1 The Contractor declares and represents that in tendering providing its submission for the WorkWork in connection with the Owner’s procurement process, and in entering into a Contract with the Owner for the performance of the Work, it has either investigated for itself the character of the Work work to be done, based on information generally available from a visit to the Place of the Work done and to the standard set out under GC 3.14.1 and further represents and warrants and acknowledges that it considered and took into account in the Contract Price all reasonably known impacts and restrictions arising from the COVID-19 pandemicconditions, including without limitation corresponding legislative changes that may impact performance limiting the generality of the Projectforegoing, various weather conditions the locality of any utility which can be determined from the records or other information available at the offices of any person, partnership, corporation, including a municipal corporation and any board or commission thereof having jurisdiction or control over the utility, that may might affect its acceptance of the Work, or that, not having so investigated, the availability of supplies and labour or other conditions or risks that the Contractor knew about or reasonably ought to have known about prior to the date of the Contract. The Contractor has assumed and does hereby assume all risk of known conditions now existing or arising in the course of the Work which might or could make the Work, or any items thereof more expensive in character, or more onerous to fulfil, than was contemplated or known when the tender Contractor’s submission was made submitted in response to the Owner’s procurement process.The position of all pole lines, conduits, watermains, sewers and other underground and overground utilities and structures whether publicly or privately owned is not necessarily shown on the Contract signed. 1.5.2 The Contractor also declares that prior to commencement Drawings, and, where shown, the accuracy of the Work, where in tendering for the Work position of such utilities and in entering into this Contract, the Contractor relied upon information furnished by structures is not guaranteed and the Owner or any of its agents or servants respecting the nature or confirmation of the ground at the site of the disclaims all liability with respect to same. Before starting Work, the Contractor shall review inform himself of the exact locations of such utilities and structures, and shall be liable for damages to them as a result of any act or omission, whether or not the result of negligence, by those for whom he is responsible. Unless otherwise specified, the Contractor shall temporarily support or relocate such utilities and structures, or temporarily remove them, and restore them, to the standard specified in GC 3.14.1, the accuracy satisfaction of the information furnished by owners of the Ownerutilities and structures. If a condition is materially different than what is stated in the information furnished by The Contractor waives any claim and releases the Owner, the Contractor shallConsultant, no later than five (5) Working Days after the first observation and their respective agents from all liability for damages suffered as a result of such condition(s), deliver to the Owner and to the Consultant a Notice in Writing specifying the materially different condition and the Contractor shall not proceed with the affected part of the Work until receiving written direction from the Owner or the Consultant. Where the Contractor fails to provide prompt Notice in Writing in accordance with this GC 1.5.2, the Contractor expressly waives and releases the Owner from all claims with respect to the said information with respect to the WorkContract Drawings.