Common use of Review of Contract Documents and Field Conditions Clause in Contracts

Review of Contract Documents and Field Conditions. 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner. Before commencing activities, the contractor shall: (1) take field 3.2.2 Contractor represents that it has physically inspected the site, is familiar with all site conditions and has had the opportunity to conduct all investigations it desires relating to site conditions. Accordingly, if Contractor encounters any differing site conditions, including but not limited to, subsurface rock, subsurface water, subsurface contamination, subsurface artifacts of historical significance or unsuitable soils, it shall bear the cost of removal, remediation, and/or added site preparation costs caused by such differing site conditions. Differing site conditions shall not entitle contractor to any increase in the contract price or time both of which are expressly waived by the Contractor. 3.2.3 It is understood and agreed that the Contractor has considered in his proposal all of the permanent and temporary utility appurtenances in their present location or relocated positions as shown on the Plans, and that no additional compensation will be allowed for any delays, inconvenience or damage sustained by him due to any interference from said utility appurtenances or the operation of moving them. 3.2.4 Contractor agrees to perform and construct all work depicted on or listed in the drawings and specifications including all work customarily associated therewith or which is necessary for the proper construction, installation and/or safe operation of the Work during and after construction. Contractor agrees that its price includes all work needed even where not specifically shown on the drawings or contained in the specifications but which is reasonably inferable there from or should be installed as part of good industry practice.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

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Review of Contract Documents and Field Conditions. 3.2.1 The Contractor shall carefully study acknowledges that Owner is relying on Contractor’s experience and compare expertise to review the Contract Documents and advise Project Manager and Architect of any material errors, omissions, discrepancies or conflicts in or between the Contract Documents rendering Contractor unable to determine how to perform all or any part of the Work in strict conformance therewith (“Deficiencies”). By executing this Agreement, Contractor represents and warrants that: (a) Contractor has thoroughly reviewed, evaluated and analyzed the Contract Documents with each other the specific purpose of attempting to discover Deficiencies in the Contract Documents; and with information furnished by the Owner. Before commencing activities, the contractor shall: (1b) take field 3.2.2 that Contractor represents has no knowledge of any such Deficiencies that it has physically inspected the site, is familiar with all site conditions have not already been reported to Project Manager and has had the opportunity to conduct all investigations it desires relating to site conditionsArchitect in writing. Accordingly, if Contractor encounters any differing site conditions, including but not limited to, subsurface rock, subsurface water, subsurface contamination, subsurface artifacts of historical significance or unsuitable soils, it shall bear the cost of removal, remediation, and/or added site preparation costs caused by such differing site conditions. Differing site conditions shall not entitle contractor be entitled to any increase in the contract price Contract Sum or time both Contract Time by virtue of which any Deficiencies in the Contract Documents that Contractor actually identified, or should have identified in the exercise of reasonable diligence, prior to the execution of the Agreement. If any Deficiency in the Contract Documents is discovered subsequent to the execution of this Agreement, Contractor shall immediately provide written notice to, and request clarification from, Project Manager and Architect prior to performing any impacted Work. If Contractor proceeds with the Work, notwithstanding such Deficiencies, without notifying Project Manager and Architect in writing and requesting clarification, Contractor does so at its own sole risk. 3.2.2 Contractor represents and warrants that it has visited and examined the Project Site, examined all physical, legal, and other conditions affecting the Work and is fully familiar with all of the conditions affecting the same. Accordingly, Contractor assumes the risk of, and shall not be entitled to any increase in the Contract Price or Contract Time arising from, differing, unforeseen, concealed and/or subsurface conditions, unless those conditions: (a) differ materially from those indicated in the Contract Documents, (b) are expressly waived by not ordinarily found to exist or inherent in construction activities of the Contractorcharacter provided for in the Contract Documents, (c) could not have been discovered through reasonable investigation, and (d) Contractor has used commercially reasonable efforts to minimize all cost and schedule consequences thereof. 3.2.3 It is understood and agreed that Contractor shall record all questions to the Contractor has considered in his proposal all Architect regarding clarification of the permanent and temporary utility appurtenances design in their present location or relocated positions as shown the form of a Request for Information (“RFI”). Contractor shall copy Project Manager on the Plans, and that no additional compensation will be allowed for any delays, inconvenience or damage sustained by him due to any interference from said utility appurtenances or the operation of moving them. 3.2.4 all RFIs. Contractor agrees to perform thoroughly review all questions from its subcontractors and construct all work depicted attempt to respond to those questions on or listed its own prior to submitting an RFI in connection with the drawings and specifications including all work customarily associated therewith or which is necessary for the proper construction, installation and/or safe operation of the Work during and after constructionsame. Contractor agrees that its price includes all work needed even where not specifically shown shall consecutively number each RFI. The Architect will respond to Contractor in writing on the same form, accompanied by appropriate interim sketches or drawings or contained within the timelines set forth in the specifications but which is reasonably inferable there from or should be installed as part of good industry practiceArticle 2.3.

Appears in 1 contract

Samples: Lump Sum Construction Agreement

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Review of Contract Documents and Field Conditions. 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner. Before commencing activities, the contractor shall: (1) take fieldfield measurements and verify field conditions; (2) carefully compare this and other information known to the Contractor with the Contract Documents; (3) promptly report errors, inconsistencies or omissions discovered to the Project Manager; (4) The Contractor shall provide written notice of concealed or unknown conditions to the owner and Project Manager before the conditions are disturbed and WITHIN FORTY-EIGHT HOURS AFTER FIRST OBSERVANCE OF THE CONDITIONS. 3.2.2 Contractor represents that it has physically inspected the site, is familiar with all site conditions and has had the opportunity to conduct all investigations it desires relating to site conditions. Accordingly, if Contractor encounters any differing site conditions, including but not limited to, subsurface rock, subsurface water, subsurface contamination, subsurface artifacts of historical significance or unsuitable soils, it shall bear the cost of removal, remediation, and/or added site preparation costs caused by such differing site conditions. Differing site conditions shall not entitle contractor to any increase in the contract price or time both of which are expressly waived by the Contractor. 3.2.3 It is understood and agreed that the Contractor has considered in his proposal all of the permanent and temporary utility appurtenances in their present location or relocated positions as shown on the Plans, and that no additional compensation will be allowed for any delays, inconvenience or damage sustained by him due to any interference from said utility appurtenances or the operation of moving them. 3.2.4 Contractor agrees to perform and construct all work depicted on or listed in the drawings and specifications including all work customarily associated therewith or which is necessary for the proper construction, installation and/or safe operation of the Work during and after construction. Contractor agrees that its price includes all work needed even where not specifically shown on the drawings or contained in the specifications but which is reasonably inferable there from or should be installed as part of good industry practice.

Appears in 1 contract

Samples: Construction Contract

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