Common use of Interpretations and Decisions Clause in Contracts

Interpretations and Decisions. (a) In response to questions from the Contractor or Owner about the Contract Documents, or as the Architect deems appropriate, the Architect shall provide interpretations and clarifications of the Contract Documents that are consistent with the intent of and reasonably inferable from the Contract Documents. Interpretations and clarifications shall be in the form of written explanations or directions and/or supplementary details or drawings, whichever is required to complete, explain or make definite any of the provisions of the Drawings and Specifications and give them due effect. (b) The Architect shall respond to questions about the Contract Documents in a timely manner consistent with the terms of the Contract Documents. (c) If, with undue frequency, the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations, or clarifications, the Architect shall be entitled to additional compensation pursuant to Article 5, but only to the extent that the Contractor is responsible to the Owner for such expenses. (d) Upon written request of the Contractor or Owner, and as provided in the Conditions of the Construction Contract, the Architect shall render prompt, impartial decisions on claims, disputes, or other matters in question between the Contractor and Owner arising out of the Construction Contract. (e) Decisions by the Architect, including interpretations and clarifications of the Drawings, Specifications, or other Contract Documents, and directions or decisions regarding performance of the Work, shall be in writing and shall be advisory to the Contractor and Owner, except that the Architect’s decisions on matters relating to aesthetic effect will be final and binding if consistent with the intent expressed in the Contract Documents.