Common use of EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE Clause in Contracts

EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. A.4.1 It is understood that the Contractor, before submitting an Offer, has made a careful examination of the Contract Documents; has become fully informed as to the quality and quantity of materials and the character of the Work required; and has made a careful examination of the location and conditions of the Work and the sources of supply for materials. The Owner will in no case be responsible for any loss or for any unanticipated costs that may be suffered by the Contractor as a result of the Contractor's failure to acquire full information in advance in regard to all conditions pertaining to the Work. No oral agreement or conversation with any officer, agent, or personnel of the Owner, or with the Architect/Engineer either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. A.4.2 Should the Plans or Specifications fail to particularly describe the materials, kind of goods, or details of construction of any aspect of the Work, Contractor shall have the duty to make inquiry of the Owner and Architect/Engineer as to what is required prior to performance of the Work. Absent Specifications to the contrary, the materials or processes that would normally be used to produce first quality finished Work shall be considered a part of the Contract requirements. A.4.3 Any design errors or omissions noted by the Contractor shall be reported promptly to the Owner’s Authorized Representative, including without limitation, any nonconformity with applicable laws, statutes, ordinances, building codes, rules and regulations. A.4.4 If the Contractor believes that additional cost or Contract Time is involved because of clarifications or instructions issued by the Owner's Authorized Representative (or Architect/Engineer) in response to the Contractor’s notices or requests for information, the Contractor must submit a written request to the Owner’s Authorized Representative, setting forth the nature and specific extent of the request, including all time and cost impacts against the Contract as soon as possible, but no later than thirty (30) Days after receipt by Contractor of the clarifications or instructions issued. If the Owner’s Authorized Representative denies Contractor’s request for additional compensation, additional Contract Time, or other relief that Contractor believes results from the clarifications or instructions, the Contractor may proceed to file a Claim under Section D.3, Claims Review Process. If the Contractor fails to perform the obligations of Sections A.4.1 to A.4.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations.

Appears in 8 contracts

Samples: Construction Manager/General Contractor Services Agreement, Construction Manager/General Contractor Contract, Cm/Gc Contract

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EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. A.4.1 It is understood that the ContractorCM/GC, before submitting an Offer, has made a careful examination of the Contract Documents; has become fully informed as to the quality and quantity of materials and the character of the Work required; and has made a careful examination of the location and conditions of the Work and the sources of supply for materials. The Owner City will in no case be responsible for any loss or for any unanticipated costs that may be suffered by the Contractor CM/GC as a result of the ContractorCM/GC's failure to acquire full information in advance in regard to all conditions pertaining to the Work. No oral agreement or conversation with any officer, agent, or personnel of the OwnerCity, or with the Architect/Engineer either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. A.4.2 City shall make available to CM/GC, and CM/GC shall study, the results of such test borings and information that City has concerning subsurface conditions and site geology. CM/GC shall inform City of any other site investigation, analysis, study, or test conducted by or for CM/GC or its agents and shall make the results available to City upon City’s request. A.4.3 Should the Plans or Specifications fail to particularly describe the materials, kind of goods, or details of construction of any aspect of the Work, Contractor CM/GC shall have the duty to make inquiry of the Owner City and Architect/Engineer as to what is required prior to performance of the Work. Absent Specifications to the contrary, the materials or processes that would normally be used to produce first quality finished Work shall be considered a part of the Contract requirements. A.4.3 A.4.4 Any design errors or omissions noted by the Contractor CM/GC shall be reported promptly to the OwnerCity’s Authorized Representative, including without limitation, any nonconformity with applicable laws, statutes, ordinances, building codes, rules and regulations. A.4.4 A.4.5 If the Contractor CM/GC believes that additional cost or Contract Time is involved because of clarifications or instructions issued by the OwnerCity's Authorized Representative (or Architect/Engineer) in response to the ContractorCM/GC’s notices or requests for information, the Contractor CM/GC must submit a written request to the OwnerCity’s Authorized Representative, setting forth the nature and specific extent of the request, including all time and cost impacts against the Contract as soon as possible, but no later than thirty twenty (3020) Days business days after receipt by Contractor CM/GC of the clarifications or instructions issued. If the OwnerCity’s Authorized Representative denies ContractorCM/GC’s request for additional compensation, additional Contract Time, or other relief that Contractor CM/GC believes results from the clarifications or instructions, the Contractor CM/GC may proceed to file a Claim under Section D.3, Claims Review Process. If the Contractor CM/GC fails to perform the obligations of Sections A.4.1 to A.4.3, the Contractor CM/GC shall pay such costs and damages to the Owner City as would have been avoided if the Contractor CM/GC had performed such obligations.

Appears in 2 contracts

Samples: Construction Manager/General Contractor Contract, Construction Manager/General Contractor (Cm/Gc) Contract

EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. A.4.1 It is understood that the Contractor, before submitting an Offera Bid, has made a careful examination of the Contract Documents; has become fully informed as to the quality and quantity of materials and the character of the Work required; and has made a careful examination of the location and conditions of the Work and the sources of supply for materials. The Owner will in no case be responsible for any loss or for any unanticipated costs that may be suffered by the Contractor as a result of the Contractor's failure to acquire full information in advance in regard to all conditions pertaining to the Work. No oral agreement or conversation with any officer, agent, or personnel of the Owner, or with the Architect/Engineer either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. A.4.2 Should the Plans or Specifications fail to particularly describe the materials, kind of goods, or details of construction of any aspect of the Work, Contractor shall have the duty to make inquiry of the Owner and Architect/Engineer as to what is required prior to performance of the Work. Absent Specifications to the contrary, the materials or processes that would normally be used to produce first quality finished Work shall be considered a part of the Contract requirements. A.4.3 Any design errors or omissions noted by the Contractor shall be reported promptly to the Owner’s Authorized Representative, including without limitation, any nonconformity with applicable laws, statutes, ordinances, building codes, rules and regulationsApplicable Laws. A.4.4 If the Contractor believes that additional adjustments to cost or Contract Time is involved because of clarifications or instructions issued by the Owner's Authorized Representative Owner (or Architect/Engineer) in response to the Contractor’s notices or requests for information, the Contractor must submit a written request to the Owner’s Authorized Representative, setting forth the nature and specific extent of the request, including all time and cost impacts against the Contract as soon as possible, but no later than thirty (30) Days after receipt by Contractor of the clarifications or instructions issued. If the Owner’s Authorized Representative Owner denies Contractor’s request for additional compensation, additional Contract Time, or other relief that Contractor believes results from the clarifications or instructions, the Contractor may proceed to file a Claim under Section D.3, Claims Review Process. If the Contractor fails to perform the obligations of Sections A.4.1 to A.4.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations.

Appears in 1 contract

Samples: Design Build Agreement

EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. A.4.1 It is understood that the Contractor, before submitting an Offera Bid, has made a careful examination of the Contract Agreement Documents; has become fully informed as to the quality and quantity of materials and the character of the Work required; and has made a careful examination of the location and conditions of the Work and the sources of supply for materials. The Owner will in no case be responsible for any loss or for any unanticipated costs that may be suffered by the Contractor as a result of the Contractor's failure to acquire full information in advance in regard to all conditions pertaining to the Work. No oral agreement or conversation with any officer, agent, or personnel of the Owner, or with the Architect/Engineer either before or after the execution of this ContractAgreement, shall affect or modify any of the terms or obligations herein contained. A.4.2 Should the Plans or Specifications fail to particularly describe the materials, kind of goods, or details of construction of any aspect of the Work, Contractor shall have the duty to make inquiry of the Owner and Architect/Engineer as to what is required prior to performance of the Work. Absent Specifications to the contrary, the materials or processes that would normally be used to produce first quality finished Work shall be considered a part of the Contract Agreement requirements. A.4.3 Any design errors or omissions noted by the Contractor shall be reported promptly to the Owner’s Authorized Representative, including without limitation, any nonconformity with applicable laws, statutes, ordinances, building codes, rules and regulationsApplicable Laws. A.4.4 If the Contractor believes that additional adjustments to cost or Contract Agreement Time is involved because of clarifications or instructions issued by the Owner's Authorized Representative Owner (or Architect/Engineer) in response to the Contractor’s notices or requests for information, the Contractor must submit a written request to the Owner’s Authorized Representative, setting forth the nature and specific extent of the request, including all time and cost impacts against the Contract Agreement as soon as possible, but no later than thirty (30) Days after receipt by Contractor of the clarifications or instructions issued. If the Owner’s Authorized Representative Owner denies Contractor’s request for additional compensation, additional Contract Agreement Time, or other relief that Contractor believes results from the clarifications or instructions, the Contractor may proceed to file a Claim under Section D.3, Claims Review Process. If the Contractor fails to perform the obligations of Sections A.4.1 to A.4.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations.

Appears in 1 contract

Samples: Public Improvement Agreement

EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. A.4.1 It is understood that the Contractor, before submitting an Offer, has made a careful examination of the Contract Documents; has become fully informed as to the quality and quantity of materials and the character of the Work required; and has made a careful examination of the location and conditions of the Work and the sources of supply for materials. The Owner will in no case be responsible for any loss or for any unanticipated costs that may be suffered by the Contractor as a result of the Contractor's failure to acquire full information in advance in regard to all conditions pertaining to the Work. No oral agreement or conversation with any officer, agent, or personnel of the Owner, or with the Architect/Engineer either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. A.4.2 Should the Plans or Specifications fail to particularly describe the materials, kind of goods, or details of construction of any aspect of the Work, Contractor shall have the duty to make inquiry of the Owner and Architect/Engineer as to what is required prior to performance of the Work. Absent Specifications to the contrary, the materials or processes that would normally be used to produce first quality finished Work shall be considered a part of the Contract requirements. A.4.3 Any design errors or omissions noted by the Contractor shall be reported promptly to the Owner’s Authorized Representative, including without limitation, any nonconformity with applicable laws, statutes, ordinances, building codes, rules and regulations. A.4.4 If the Contractor believes that additional cost or Contract Time is involved because of clarifications or instructions issued by the Owner's Authorized Representative (or Architect/Engineer) in response to the Contractor’s notices or requests for information, the Contractor must submit a written request to the Owner’s Authorized Representative, setting forth the nature and specific extent of the request, including all time and cost impacts against the Contract as soon as possible, but no later than thirty seven (307) Days after receipt by Contractor of the clarifications or instructions issued. If the Owner’s Authorized Representative denies Contractor’s request for additional compensation, additional Contract Time, or other relief that Contractor believes results from the clarifications or instructions, the Contractor may proceed to file a Claim under Section D.3, Claims Review Process. If the Contractor fails to perform the obligations of Sections A.4.1 to A.4.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations.

Appears in 1 contract

Samples: Construction Services Contract

EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. A.4.1 It is understood that the Contractor, before submitting an Offer, has made a careful examination of the Contract Documents; has become fully informed as to the quality and quantity of materials and the character of the Work required; and has made a careful examination of the location and conditions of the Work and the sources of supply for materials. The Owner will in no case be responsible for any loss or for any unanticipated costs that may be suffered by the Contractor as a result of the Contractor's ’s failure to acquire full information in advance in regard to all conditions pertaining to the Work. No oral agreement or conversation with any officer, agent, or personnel of the Owner, or with the Architect/Engineer either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. Contractor shall at all times be responsible for all utility locates regardless of the ownership of such utility infrastructure or service. A.4.2 Should the Plans or Specifications fail to particularly describe the materials, kind of goods, or details of construction of any aspect of the Work, Contractor shall have the duty to make inquiry of the Owner and Architect/Engineer as to what is required prior to performance of the Work. Absent Specifications to the contrary, the materials or processes that would normally be used to produce first quality finished Work shall be considered a part of the Contract requirements. A.4.3 Any design errors or omissions noted by the Contractor shall be reported promptly to the Owner’s Authorized Representative, including without limitation, any nonconformity with applicable laws, statutes, ordinances, building codes, rules and regulationsApplicable Laws. A.4.4 If the Contractor believes that additional adjustments to cost or Contract Time is involved because of clarifications or instructions issued by the Owner's Authorized Representative Owner (or Architect/Engineer) in response to the Contractor’s notices or requests for information, the Contractor must submit a written request to the Owner’s Authorized Representative, setting forth the nature and specific extent of the request, including all time and cost impacts against the Contract as soon as possible, but no later than thirty (30) Days after receipt by Contractor of the clarifications or instructions issued. If the Owner’s Authorized Representative Owner denies Contractor’s request for additional compensation, additional Contract Time, or other relief that Contractor believes results from the clarifications or instructions, the Contractor may proceed to file a Claim under Section D.3, Claims Review Process. If the Contractor fails to perform the obligations of Sections A.4.1 to A.4.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations.

Appears in 1 contract

Samples: Construction Manager/General Contractor Contract

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EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. A.4.1 It is understood that the Contractor, before submitting an Offer, has made a careful examination of the Contract Documents; has become fully informed as to the quality and quantity of materials and the character of the Work required; and has made a careful examination of the location and conditions of the Work and the sources of supply for materials. The Owner will in no case be responsible for any loss or for any unanticipated costs that may be suffered by the Contractor as a result of the Contractor's failure to acquire full information in advance in regard to all conditions pertaining to the Work. No oral agreement or conversation with any officer, agent, or personnel of the Owner, or with the Architect/Engineer either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. A.4.2 Should the Plans or Specifications fail to particularly describe the materials, kind of goods, or details of construction of any aspect of the Work, Contractor shall have the duty to make inquiry of the Owner and Architect/Engineer as to what is required prior to performance of the Work. Absent Specifications to the contrary, the materials or processes that would normally be used to produce first quality finished Work shall be considered a part of the Contract requirements. A.4.3 Any design errors or omissions noted by the Contractor shall be reported promptly to the Owner’s Authorized Representative, including without limitation, any nonconformity with applicable laws, statutes, ordinances, building codes, rules and regulations. A.4.4 If the Contractor believes that additional cost or Contract Time is involved because of clarifications or instructions issued by the Owner's Authorized Representative (or Architect/Engineer) in response to the Contractor’s notices or requests for information, the Contractor must submit a written request to the Owner’s Authorized Representative, setting forth the nature and specific extent of the request, including all time and cost impacts against the Contract as soon as possible, but no later than thirty seven (307) Days after receipt by Contractor of the clarifications or instructions issued. If the Owner’s Authorized Representative denies Contractor’s request for additional compensation, additional Contract Time, or other relief that Contractor believes results from the clarifications or instructions, the Contractor may proceed to file a Claim under Section D.3, Claims Review Process. If the Contractor fails to perform the obligations of Sections A.4.1 to A.4.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations.

Appears in 1 contract

Samples: Emergency Construction Services Contract

EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. A.4.1 It is understood that the Contractor, before submitting an Offer, has made a careful examination of the Contract Documents; has become fully informed as to the quality and quantity of materials and the character of the Work required; and has made a careful examination of the location and conditions of the Work and the sources of supply for materials. The Owner will in no case be responsible for any loss or for any unanticipated costs that may be suffered by the Contractor as a result of the Contractor's failure to acquire full information in advance in regard to all conditions pertaining to the Work. No oral agreement or conversation with any officer, agent, or personnel of the Owner, or with the Architect/Engineer either before or after the execution e x e c u t i o n of this Contract, shall affect or modify any of the terms or obligations herein contained. A.4.2 Should the Plans or Specifications fail to particularly describe the materials, kind of goods, or details of construction of any aspect of the Work, Contractor shall have the duty to make inquiry of the Owner and Architect/Engineer as to what is required prior to performance of the Work. Absent Specifications to the contrary, the materials or processes that would normally be used to produce first quality finished Work shall be considered a part of the Contract requirements. A.4.3 Any design errors or omissions noted by the Contractor shall be reported promptly to the Owner’s Authorized RepresentativeOwner and confirmed in writing, including without limitation, any nonconformity with applicable laws, statutes, ordinances, building codes, rules and regulationsApplicable Laws. A.4.4 If the Contractor believes that additional adjustments to cost or Contract Time is involved because of clarifications or instructions issued by the Owner's Authorized Representative Owner (or Architect/Engineer) in response to the Contractor’s notices or requests for information, the Contractor must submit a written request to the Owner’s Authorized Representative, setting forth the nature and specific extent of the request, including all time and cost impacts against the Contract as soon as possible, but no later than thirty (30) Days after receipt by Contractor of the clarifications or instructions issued. If the Owner’s Authorized Representative denies Contractor’s request for additional compensation, additional Contract Time, or other relief that Contractor believes results from the clarifications or instructions, the Contractor may proceed to file a Claim under Section D.3, Claims Review Process. If the Contractor fails to perform the obligations of Sections A.4.1 to A.4.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations.thirty

Appears in 1 contract

Samples: Construction Contract

EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. A.4.1 It is understood that the ContractorCM/GC, before submitting an Offer, has made shall make a careful examination of the Contract Solicitation Documents; has become fully informed as to the quality and quantity of materials and the character of the Work required; and has made shall make a careful examination of the location and conditions of the Work and the sources of supply for materials. The Owner will in no case be responsible for any loss or for any unanticipated costs that may be suffered by the Contractor CM/GC as a result of the Contractor's CM/GC’s failure to acquire full information in advance in regard to all conditions pertaining to the Work. No oral agreement or conversation with any officer, agent, or personnel of the Owner, or with the Architect/Engineer either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. A.4.2 Should the Plans or Specifications Plans, Specifications, and documents prepared to define the scope of Work for Construction Phase Services for the Project fail to particularly describe the materials, kind of goods, or details of construction of any aspect of the Work, Contractor CM/GC shall have the duty to make inquiry inquire of the Owner and Architect/Engineer as to what is required prior to performance of performing the Work. Absent Specifications to the contrary, the materials or processes that would normally be used to produce first quality finished Work shall be considered a part of the Contract requirements... A.4.3 Any design errors or omissions noted by the Contractor CM/GC shall be reported promptly to the Owner’s Authorized Representative, including without limitation, any nonconformity with applicable laws, statutes, ordinances, building codes, rules and regulations. A.4.4 If the Contractor CM/GC believes that additional cost or Contract Time is involved because of clarifications or instructions issued by the Owner's ’s Authorized Representative (or Architect/Engineer) in response to the ContractorCM/GC’s notices or requests for information, the Contractor CM/GC must submit a written request to the Owner’s Authorized Representative, setting forth the nature and specific extent of the request, including all time and cost impacts against the Contract as soon as possible, but no later than thirty (30) Days 30Days after receipt by Contractor CM/GC of the clarifications or instructions issued. If the Owner’s Authorized Representative denies ContractorCM/GC’s request for additional compensation, additional Contract Time, or other relief that Contractor CM/GC believes results from the clarifications or instructions, the Contractor CM/GC may proceed to file a Claim under Section D.3, Claims Review Process. If the Contractor CM/GC fails to perform the obligations of Sections A.4.1 to A.4.3, the Contractor CM/GC shall pay such costs and damages to the Owner as would have been avoided if the Contractor CM/GC had performed such obligations., but only to the extent that CM/GC knew or reasonably should have known of the items covered by Sections A.4.1 to A.4.3..

Appears in 1 contract

Samples: Construction Manager/General Cm/Gc Agreement

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