Common use of Interpretation and Additional Instructions Clause in Contracts

Interpretation and Additional Instructions. 18 During the development of the Total Base Rent, the Entity and key Subcontractors were provided with the 19 opportunity to maximize the parties’ understanding of the design requirements, including the design intent and 20 all technical requirements of the Project, prior to field construction. If the parties have maximized this 21 opportunity, then there will be little or no need for RFIs or clarifications after construction is commenced. 22 23 To the extent that the need for clarification does arise, the party seeking clarification should first raise the issue 24 either in a face-to-face conversation or via telephone with the Architect. The initial conversation shall 25 describe the issue, identify the area affected, and request the clarification needed. If the parties to that 26 conversation resolve the issue in the course of that conversation, they shall also agree on how the clarification 27 shall be documented. If the parties to that conversation are not able to resolve the issue in the course of that 28 conversation, they shall agree on how the issue will be resolved (who, will do what, by when) and shall agree 29 which of them will notify the District concerning the issue and the plan for resolution. It is the parties' goal 30 that RFI's will only be issued to document solutions, rather than raise questions that have not previously been 31 the subject of a conversation. To the extent that resolution of the issue may affect progress of the Work, the 32 issue shall be included in the schedule updates. 33 34 Should the Entity proceed with the work affected before receipt of instructions from the Architect, and, in the 35 case of a change to the Work, before authorization to proceed, it shall remove and replace or adjust any work 36 which is not in accordance therewith, and it shall be responsible for any resultant damage, defect, or added 37 cost, without an extension of the Contract Time. 38

Interpretation and Additional Instructions. 18 During the development The goal of the Total Base Rent, the preconstruction involvement of Entity and key Subcontractors were provided with the 19 opportunity is to maximize the parties’ 19 understanding of the design requirements, including the design intent and 20 all technical requirements of the 20 Project, prior to field construction. If In particular, if provided for in Preconstruction Services, the parties District 21 expects Entity to have maximized this 21 opportunity, then there will conducted extensive constructability review using BIM models provided to Entity and 22 to have resolved all potential conflicts that reasonably could be little or no need identified in a thorough review prior to notice 24 for RFIs or clarifications after construction is commenced. 22 23 25 26 To the extent that the need for clarification does arise, the party seeking clarification should first raise the issue 24 27 either in a face-to-face conversation or via telephone with the Architect. The initial conversation shall 25 28 describe the issue, identify the area affected, and request the clarification needed. If the parties to that 26 29 conversation resolve the issue in the course of that conversation, they shall also agree on how the clarification 27 30 shall be documented. If the parties to that conversation are not able to resolve the issue in the course of that 28 31 conversation, they shall agree on how the issue will be resolved (who, will do what, by when) and shall agree 29 32 which of them will notify the District concerning the issue and the plan for resolution. It is the parties' goal 30 33 that RFI's will only be issued to document solutions, rather than raise questions that have not previously been 31 34 the subject of a conversation. To the extent that resolution of the issue may affect progress of the Work, the 32 35 issue shall be included in the schedule updates. 33 34 36 37 Should the Entity proceed with the work affected before receipt of instructions from the Architect, and, in the 35 38 case of a change to the Work, before authorization to proceed, it shall remove and replace or adjust any work 36 39 which is not in accordance therewith, and it shall be responsible for any resultant damage, defect, or added 37 40 cost, without an extension of the Contract Time. 3841