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 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 relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site 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 discovered by the Contractor shall be reported promptly to the Architect and the Owner as a request for information in such form as the Architect and Owner may require. § 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect and the Owner, 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 the error or omissions is related to the Contractor’s Design/Build scope of work, if any, or as 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 and the Owner. The contractor is required to ascertain that any Design/Build contract documents, if any, are in accordance with governing laws, statutes, ordinances, building codes, rules and regulations. § 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Owner or the Architect in response to the Contractor's notices or requests for information pursuant to Sections 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Sections 4.3.6 and 4.3.

Appears in 1 contract

Samples: Construction Contract (Sierra Pacific Resources /Nv/)

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REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR. § 3.2.1 Since 3.2.1. Except as otherwise provided in this Paragraph 3.2, Contractor is not responsible for the completeness of the Contract Documents, or for errors, omission or inconsistencies in the Contract Documents, or for determining that the Contract Documents are complementaryor the Work comply with applicable laws, before starting each statutes, ordinances, building codes, and rules and regulations, or for determining that the Work as contemplated by the Contract Documents will be structurally sound, operable as intended or sufficient for Owner’s planned use. 3.2.2. If Contractor knows that the Contract Documents or the Work is not in accordance with applicable laws, statutes, ordinances, building codes, or rules and regulations, Contractor shall promptly report the same to Owner. Contractor also shall report to Owner any errors, omissions or inconsistencies in the Contract Documents that become known to Contractor, unless immaterial to the Work as reasonably inferable from the Contract Documents. 3.2.3. Before commencing any portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site Project Site affecting itthat portion of the Work. 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 Any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect Owner. Contractor shall not be liable for any difference between field conditions and the Owner as a request for information in such form as the Architect and Owner may require. § 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect and the Owner, 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 the error or omissions is related to the Contractor’s Design/Build scope of work, if any, or as otherwise specifically provided conditions assumed in the Contract DocumentsDocuments unless Contractor caused such difference or otherwise obtains knowledge of such difference and fails to report it to Owner. 3.2.4. The If Contractor is not required fails to ascertain that the Contract Documents are in accordance with applicable lawsperform its obligations under Subparagraphs 3.2.2 and 3.2.3, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or made known to the Contractor shall be reported promptly pay to Owner such costs and damages (including additional costs to correct or replace any parts of the Architect and the Owner. The contractor is required to ascertain that any Design/Build contract documents, Work) as would have been avoided if any, are in accordance with governing laws, statutes, ordinances, building codes, rules and regulationsContractor had performed such obligations. § 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Owner or the Architect in response to the Contractor's notices or requests for information pursuant to Sections 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Sections 4.3.6 and 4.3.

Appears in 1 contract

Samples: Owner Contractor Construction Agreement (Bluerock Residential Growth REIT, Inc.)

REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR. § 3.2.1 Since Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Owner and Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor shall be reported promptly to the Architect and the Owner as a request for information in such form as the Architect and Owner may require. § 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect and the Owner, but it . It is recognized that the Contractor's ’s review is made in the Contractor's ’s capacity as a contractor and not as a licensed design professional professional, unless the error or omissions is related to the Contractor’s Design/Build scope of work, if any, or as otherwise specifically provided in the Contract Documents. . § 3.2.3 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, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor shall be reported promptly to as a request for information in such form as the Architect and the Owner. The contractor is required to ascertain that any Design/Build contract documents, if any, are in accordance with governing laws, statutes, ordinances, building codes, rules and regulationsmay require. § 3.2.3 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Owner or the Architect issues in response to the Contractor's ’s notices or requests for information pursuant to Sections 3.2.1 and 3.2.23.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 4.3.6 3.2.2 or 3.2.3, the Contractor shall pay such costs and 4.3damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect (Nu Skin Enterprises Inc)

REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR. § §3.2.1 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 relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section Paragraph 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work Work, and shall observe any conditions at the site affecting it. These obligations are Contractor shall notify Architect/Engineer and Owner in writing of any errors, inconsistencies, omissions or ambiguities in the Contract Documents discovered by Contractor. Contractor shall be responsible for any additional costs to Owner resulting from Contractor’s failure to verify existing conditions related to any portion of the purpose of facilitating construction by the Contractor Work or to report to Architect/Engineer and are not for the purpose of discovering Owner any errors, inconsistencies, omissions, or inconsistencies ambiguities in the Contract Documents; howeverDocuments discovered by, any errorsor which should have been discovered by, inconsistencies Contractor. §3.2.1.1 Contractor shall notify Architect/Engineer and Owner in writing of materials, systems, procedures, or omissions discovered methods of construction, either shown on the Drawings or specified in the Specifications, which Contractor discovers are incorrect or inappropriate for the purpose intended, or for which Contractor objects to furnishing the warranties required by the Contractor shall be reported promptly to the Architect and the Owner as a request for information in such form as the Architect and Owner may requireContract Documents. § §3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect and the OwnerArchitect/Engineer, but it is recognized that the Contractor's ’s review is made in the Contractor's ’s capacity as a contractor and not as a licensed design professional unless the error or omissions is related to the Contractor’s Design/Build scope of work, if any, or as 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 and the Owner. The contractor is required to ascertain that any DesignArchitect/Build contract documents, if any, are in accordance with governing laws, statutes, ordinances, building codes, rules and regulationsEngineer. § §3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Owner or the Architect Architect/Engineer in response to the Contractor's ’s notices or requests for §3.2.4 Neither Owner nor Architect/Engineer assume responsibility for any understanding or representation made by their agents or representatives prior to the execution of the Agreement unless such understanding or representation is expressly stated in the Contract Documents. §3.2.5 Should the Specifications and Drawings fail to particularly describe the material or kind of goods to be used in any place, then it shall be the duty of Contractor to request interpretation or information pursuant from Architect/Engineer as to Sections 3.2.1 and 3.2.2, what is best suited. The material that would normally be used in its place to produce first quality finished Work shall be considered a part of the Contractor shall make Claims as provided in Sections 4.3.6 and 4.3Contract.

Appears in 1 contract

Samples: Services Agreement

REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR. § 3.2.1 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 relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3Subparagraph 2. 2. 3, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting itit or any variance from applicable laws, statutes, ordinances, building codes, rules, regulations, or any lawful orders of any governmental body, or public or quasi-public authority. 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 discovered by the Contractor shall be reported promptly to the Architect and the Owner as a request for information in such form as the Architect and Owner may require. § 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect and the OwnerArchitect, 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 the error or omissions is related to the Contractor’s Design/Build scope of work, if any, or as 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 and the Owner. The contractor is required to ascertain that any Design/Build contract documents, if any, are in accordance with governing laws, statutes, ordinances, building codes, rules and regulationsArchitect. § 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Owner or the Architect in response to the Contractor's notices or requests for information pursuant to Sections 3.2.1 Subparagraphs 3. 2. 1 and 3.2.23. 2. 2, the Contractor shall make Claims as provided in Sections 4.3.6 and 4.3.Subparagraphs 4. 3. 6

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Contractor (Corixa Corp)

REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR. § §3.2.1 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 relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section Paragraph 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work Work, and shall observe any conditions at the site affecting it. These obligations are Contractor shall notify Architect/Engineer and Owner in writing of any errors, inconsistencies, omissions or ambiguities in the Contract Documents discovered by Contractor. Contractor shall be responsible for any additional costs to Owner resulting from Contractor’s failure to verify existing conditions related to any portion of the purpose of facilitating construction by the Contractor Work or to report to Architect/Engineer and are not for the purpose of discovering Owner any errors, inconsistencies, omissions, or inconsistencies ambiguities in the Contract Documents; howeverDocuments discovered by, any errorsor which should have been discovered by, inconsistencies Contractor. §3.2.1.1 Contractor shall notify Architect/Engineer and Owner in writing of materials, systems, procedures, or omissions discovered methods of construction, either shown on the Drawings or specified in the Specifications, which Contractor discovers are incorrect or inappropriate for the purpose intended, or for which Contractor objects to furnishing the warranties required by the Contractor shall be reported promptly to the Architect and the Owner as a request for information in such form as the Architect and Owner may requireContract Documents. § §3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect and the OwnerArchitect/Engineer, but it is recognized that the Contractor's ’s review is made in the Contractor's ’s capacity as a contractor and not as a licensed design professional unless the error or omissions is related to the Contractor’s Design/Build scope of work, if any, or as 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 and the Owner. The contractor is required to ascertain that any DesignArchitect/Build contract documents, if any, are in accordance with governing laws, statutes, ordinances, building codes, rules and regulationsEngineer. § §3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Owner or the Architect Architect/Engineer in response to the Contractor's ’s notices or requests for information pursuant to Sections Paragraphs 3.2.1 and through 3.2.2, the Contractor shall make Claims claims as provided in Sections 4.3.6 Paragraphs §3.2.4 Neither Owner nor Architect/Engineer assume responsibility for any understanding or representation made by their agents or representatives prior to the execution of the Agreement unless such understanding or representation is expressly stated in the Contract Documents. §3.2.5 Should the Specifications and 4.3Drawings fail to particularly describe the material or kind of goods to be used in any place, then it shall be the duty of Contractor to request interpretation or information from Architect/Engineer as to what is best suited. The material that would normally be used in its place to produce first quality finished Work shall be considered a part of the Contract.

Appears in 1 contract

Samples: Services Agreement

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REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR. § 3.2.1 Since 9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor (i become generally familiar with local conditions under which the Work is to be performed, and carefully examined all of the documents which make up this Contract, including, but no and specifications,reinsert deleted language (iv) has correlated personal observations with § 9.1.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.38.1.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies inconsistencies, or omissions discovered by or made known to the Contractor shall be reported promptly to the Architect and the Owner as a request for information in such form as the Architect and Owner may require. § 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect and the Owner, but it . It is recognized that the Contractor's ’s review is made in the Contractor's ’s capacity as a contractor and not as a licensed design professional unless the error or omissions is related to the Contractor’s Design/Build scope of work, if any, or as otherwise specifically provided in the Contract Documents. . § 9.1.3 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, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor shall be reported promptly to as a request for information in such form as the Architect and the Owner. The contractor is required to ascertain that any Design/Build contract documents, if any, are in accordance with governing laws, statutes, ordinances, building codes, rules and regulationsmay require. § 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Owner or the Architect in response to the Contractor's notices or requests for information pursuant to Sections 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Sections 4.3.6 and 4.3.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope

REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR. § 3.2.1 Since 9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 9.1.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.38.1.2, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies inconsistencies, or omissions discovered by or made known to the Contractor shall be reported promptly to the Architect and the Owner as a request for information in such form as the Architect and Owner may require. § 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect and the Owner, but it . It is recognized that the Contractor's ’s review is made in the Contractor's ’s capacity as a contractor and not as a licensed design professional unless the error or omissions is related to the Contractor’s Design/Build scope of work, if any, or as otherwise specifically provided in the Contract Documents. If the Contractor performs any construction activity which it should have known constitutes an 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. § 9.1.3 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, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor shall be reported promptly to as a request for information in such form as the Architect may require. § 9.1.4 The Owner assumes no contractual liability or responsibility for the physical condition or safety of the Project site or of any improvements thereon. As between the Contractor and the Owner. The contractor is required to ascertain that any Design/Build contract documents, if any, are in accordance with governing laws, statutes, ordinances, building codes, rules and regulations. § 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Owner or the Architect in response to the Contractor's notices or requests for information pursuant to Sections 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Sections 4.3.6 and 4.3be solely responsible for providing a safe place for the performance of the Work.

Appears in 1 contract

Samples: Standard Abbreviated Form of Agreement Between Owner and Contractor

REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR. § 3.2.1 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 relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section Subparagraph 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site 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 discovered by the Contractor shall sha11 be reported promptly to the Architect and the Owner as a request for information in such form as the Architect and Owner may require. § 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect and the OwnerArchitect, 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 the error or omissions is related to the Contractor’s Design/Build scope of work, if any, or as 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 and the Owner. The contractor is required to ascertain that any Design/Build contract documents, if any, are in accordance with governing laws, statutes, ordinances, building codes, rules and regulationsArchitect. § 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Owner or the Architect in response to the Contractor's notices or requests for information pursuant to Sections 3.2.1 Subparagraphs 3.21 and 3.2.2, the Contractor shall make Claims as provided in Sections Subparagraph 4.3.6 and 4.34.

Appears in 1 contract

Samples: Construction Contract (Empire Resorts Inc)

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