Common use of REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR Clause in Contracts

REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR. 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect, errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsistencies or omissions in damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and failed to report it to the Architect. If the Contractor performs any construction activity involving a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.2.1 The exactness of grades, elevations, dimensions, or locations given on any Drawings issued by the Architect, or the work installed by other Contractors is not guaranteed by the Architect or the Owner. Commencement by the Contractor of any excavation or grading shall be held as an acceptance of the survey data by the Contractor, after which time the Contractor has no claim against the Owner resulting from alleged errors, omissions or inaccuracies of the said survey data. 3.2.2.2 The Contractor shall, therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions and locations. In all cases of interconnection of its Work with existing or other work, it shall verify at the site all dimensions relating to such existing or other work. Any errors due to the Contractor’s failure to so verify all such grades, elevations, locations or dimensions shall be promptly corrected by the Contractor without any additional cost to the Owner. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12.

REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR. 3.2.1 § 9.1.1 Execution of the Contract by the Contractor is a representation that said Contract Documents are complete, are sufficient to have enabled the Contractor to determine the cost of the Work shown therein, and that the Contract Documents are sufficient to enable Contractor to construct the Work shown therein and otherwise to fulfill the Contractor’s obligations to construct the Work for an amount not in excess of the Contract Sum on or before the date of Substantial Completion established in the Agreement. The Contractor shall further acknowledges and declares that it has visited and examined the site, examined all conditions affecting the Work of every kind and nature and is fully familiar with all of such conditions. In connection therewith, the Contractor specifically represents and warrants to the Owner that it has, by careful examination, satisfied himself as to: (a) the nature, location and character of the site, including, without limitation, all structures and obstructions pertaining thereto, both natural and manmade; (b) the nature and character of the area in which the Project is located, including without limitation, its climatic conditions, parking availability, staging areas, available labor supply and labor costs and available equipment supply and equipment costs; and (c) the quality and quantity of all materials, supplies, tools, equipment, labor and services of any kind necessary to complete the Work within the cost and timeframe required by the Contract Documents and otherwise in accordance with the Contract Documents. In connection with the foregoing, after having carefully examined all Contract Documents and having visited the site, the Contractor acknowledges and declares that it has no knowledge of any discrepancies, omissions, ambiguities or conflicts in and among said Contract Documents and that if it becomes aware of any such discrepancies, omissions, ambiguities or conflicts, it will promptly notify Owner of such fact in writing. § 9.1.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents with each other and with relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the ArchitectSection 8.1.2, errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsistencies or omissions in damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and failed to report it to the Architect. If the Contractor performs any construction activity involving a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field of any existing conditions related to that portion of the Work and shall carefully compare such field measurements observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.2.1 The exactness of grades, elevations, dimensions, or locations given on any Drawings issued by the Architect, or the work installed by other Contractors is not guaranteed by the Architect or the Owner. Commencement construction by the Contractor and for the purpose of any excavation or grading shall be held as an acceptance of the survey data by the Contractor, after which time the Contractor has no claim against the Owner resulting from alleged discovering obvious errors, omissions omissions, or inaccuracies of in consistencies in the said survey data. 3.2.2.2 Contract Documents. The Contractor shall, therefore, and its Subcontractors shall make reasonable efforts to satisfy itself themselves as to the accuracy of all grades, elevations, dimensions and locationslocations given on any Drawings issued. In all cases of interconnection of its Work with existing or other workPrior to performing the Work, it Contractor shall verify at the site all dimensions relating to such existing or conditions and the work installed by other workcontractors. Any errors due or § 9.1.3 Except as otherwise provided herein, the Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report in writing to the Owner any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Owner may require. § 9.1.4 Contractor’s failure responsibility for an error, inconsistency, omission in the Contract Documents, if any, is limited to so verify all such gradesany error, elevationsinconsistency or omission therein that Contractor, locations exercising a reasonable review and examination, actually detected, or dimensions shall be should have detected, and yet did not promptly corrected by the Contractor without any additional cost report same to the Owner. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12.

REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR. 3.2.1 The 3.2.1. Since the Contract Documents are complementary, before starting each portion of the Work, Contractor shall carefully shall: 1. study and compare the various Drawings and other Contract Documents with each other relative to that portion of the Work and with the information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect, errors, inconsistencies or omissions discoveredXXXX COUNTY ; 2. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsistencies or omissions in damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and failed to report it to the Architect. If the Contractor performs any construction activity involving a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field of any existing conditions and shall carefully compare such field measurements and related to that portion of the Work; and 3. observe any conditions and other information known to at the Contractor with Site affecting the Contract Documents before commencing activitiesWork. ErrorsAny error, inconsistencies or omissions discovered by Contractor shall be promptly reported to the Architect at onceXXXX COUNTY via a Request for Information (“RFI”)in such form as XXXX COUNTY may require. 3.2.2.1 3.2.1.1. The exactness of existing grades, elevations, dimensions, dimensions or locations given on any Drawings issued by the ArchitectDesign Consultant, or the work installed by other Contractors contractors, is not guaranteed by the Architect or the OwnerXXXX COUNTY. Commencement by the Contractor of any excavation or grading shall be held as an acceptance of the survey data by the Contractor, after which time the Contractor has no claim against the Owner resulting from alleged errors, omissions or inaccuracies of the said survey data. 3.2.2.2 The Contractor shall, therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions and locations. 3.2.1.2. In all cases of interconnection of its Work with existing conditions or other workwith work performed by others, it Contractor shall verify at the site all dimensions relating to such existing or other work. Any errors due to the Contractor’s failure to so verify all such grades, elevations, dimensions or locations or dimensions promptly shall be promptly corrected rectified by the Contractor without any additional cost to the OwnerXXXX COUNTY. 3.2.3 The 3.2.2. As between XXXX COUNTY and Contractor, and subject to the provisions of Section 3.2.4 below, Contractor has no responsibility for the timely delivery, completeness, accuracy and/or sufficiency of the Specifications or Drawings (or any errors, omissions, or ambiguities therein), and is not responsible for any failure of the design of the facilities or structures as reflected thereon to be suitable, sound or safe. Contractor shall be deemed to have satisfied itself as to the design contained in and reflected by the Specifications and the Drawings. In particular, but without prejudice to the generality of the foregoing, Contractor shall review the Contract Documents to establish: 3.2.2.1. the information is sufficiently complete to perform the Work; and 3.2.2.2. there are no obvious or patent ambiguities, inaccuracies or inconsistencies within or between the documents forming the Contract; and 3.2.2.3. Contractor shall work with the aforementioned Contract Documents so as to perform the Work and of each and every part thereof to ensure the Work and each and every part thereof shall, jointly and severally, be in accordance with the requirements of the Contract Documents and, in particular but without limiting the generality of the foregoing, the Work as a whole and, as appropriate, each and submittals approved pursuant every part thereof, shall comply with the requirements of any performance Specifications. 3.2.3. Any design errors or omissions noted by Contractor during its review promptly shall be reported to Paragraph 3.12XXXX COUNTY, but it is recognized the Contractor’s review is made in Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. Contractor is not required to ascertain if Contact Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or made known to Contractor promptly shall be reported both to XXXX COUNTY and Design Consultant. 3.2.4. If Contractor believes additional cost or time is involved because of clarifications or instructions issued by Design Consultant, in response to the Contractor’s Notices or Requests for Information (“RFI”), Contractor shall make Claims as provided in Section 4.3.5

REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR. 3.2.1 The Since the Contract Documents are complementary, before starting each portion of the Work, Contractor shall carefully shall: (1) study and compare the various Drawings and other Contract Documents with each other relative to that portion of the Work and with the information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect, errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsistencies or omissions in damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and failed to report it to the Architect. If the Contractor performs any construction activity involving a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction.Owner; 3.2.2 The Contractor shall (2) take field measurements and verify field of any existing conditions and shall carefully compare such field measurements and related to that portion of the Work; and (3) observe any conditions and other information known to at the Contractor with Site affecting the Contract Documents before commencing activitiesWork. ErrorsAny error, inconsistencies or omissions discovered by Contractor shall be reported promptly to Owner via a Request for Information in such form as the Architect at onceOwner may require. 3.2.2.1 3.2.1.1 The exactness of existing grades, elevations, dimensions, dimensions or locations given on any Drawings issued by the ArchitectDesign Consultant, or the work installed by other Contractors contractors, is not guaranteed by the Architect or the Owner. Commencement by the Contractor of any excavation or grading shall be held as an acceptance of the survey data by the Contractor, after which time the Contractor has no claim against the Owner resulting from alleged errors, omissions or inaccuracies of the said survey data. 3.2.2.2 The Contractor shall, therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions and locations. . 3.2.1.2 In all cases of interconnection of its Work with existing conditions or other workwith work performed by others, it Contractor shall verify at the site all dimensions relating to such existing or other work. Any errors due to the Contractor’s failure to so verify all such grades, elevations, dimensions or locations or dimensions promptly shall be promptly corrected rectified by the Contractor without any additional cost to the Owner. 3.2.3 The 3.2.2 As between Owner and Contractor, and subject to the provisions of Section 3.2.4 below, Contractor has no responsibility for the timely delivery, completeness, accuracy and/or sufficiency of the Specifications or Drawings (or any errors, omissions, or ambiguities therein), and is not responsible for any failure of the design of the facilities or structures as reflected thereon to be suitable, sound or safe. Contractor shall be deemed to have satisfied itself as to the design contained in and reflected by the Specifications and the Drawings. In particular, but without prejudice to the generality of the foregoing, Contractor shall review the Contract Documents to establish that: 3.2.2.1 the information is sufficiently complete to perform the Work; and 3.2.2.2 there are no obvious or patent ambiguities, inaccuracies or inconsistencies within or between the documents forming the Contract; and 3.2.2.3 Contractor shall work with the aforementioned Contract Documents so as to perform the Work and of each and every part thereof such that the Work and each and every part thereof shall, jointly and severally, be in accordance with the requirements of the Contract Documents and submittals approved pursuant in particular, but without limiting the generality of the foregoing, such that the Work as a whole and, as appropriate, each and every part thereof, shall comply with the requirements of any performance specifications. 3.2.3 Any design errors or omissions noted by Contractor during its review promptly shall be reported to Paragraph 3.12Owner, but it is recognized that the Contractor’s review is made in Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. Contractor is not required to ascertain if Contact Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or made known to Contractor promptly shall be reported both to Owner and Design Consultant. 3.2.4 If Contractor believes additional cost or time is involved because of clarifications or instructions issued by Design Consultant, in response to the Contractor’s Notices or Requests for Information, Contractor shall make Claims as provided in Section 4.3.6 and Section 4.3.7 herein. If Contractor fails to perform the obligations of Section 3.2.1 and Section 3.2.2 herein, Contractor shall pay such costs and damages to Owner as would have been avoided if Contractor had performed such obligations. Contractor shall not be liable to Owner or Design Consultant for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents, unless Contractor recognized or should have recognized such error, inconsistency, omission or differences and knowingly failed to report it to Owner and Design Consultant, as required by this Section 3.2.4.

REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR. 3.2.1 The Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents with each other and with relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.2 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at once report to the Architectsite affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovereddiscovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but 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 in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3. 7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsistencies or omissions in damage damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency inconsistency, omission or omission difference and knowingly failed to report it to the Architect. If the Contractor performs any construction activity involving a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.2.1 The exactness of grades, elevations, dimensions, or locations given on any Drawings issued by the Architect, or the work installed by other Contractors is not guaranteed by the Architect or the Owner. Commencement by the Contractor of any excavation or grading shall be held as an acceptance of the survey data by the Contractor, after which time the Contractor has no claim against the Owner resulting from alleged errors, omissions or inaccuracies of the said survey data. 3.2.2.2 The Contractor shall, therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions and locations. In all cases of interconnection of its Work with existing or other work, it shall verify at the site all dimensions relating to such existing or other work. Any errors due to the Contractor’s failure to so verify all such grades, elevations, locations or dimensions shall be promptly corrected by the Contractor without any additional cost to the Owner. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12.