REVIEW OF THE CONTRACT DOCUMENTS. 4.2.1 The Construction Manager shall carefully study and compare the Contract Documents and shall at once report to the Principal Representative any error, inconsistency, or omission that may be discovered. The Construction Manager shall perform no portion of the Work at any time without Contract Documents or, where required, approved Drawings, Specifications, instructions, Shop Drawings, Product Data, or Samples for such portion of the Work.
4.2.2 If the Construction Manager or any of its subcontractors of any tier observes that any of the Contract Documents are at variance with applicable laws, statutes, building codes, ordinances, rules, or regulations, in any respect, the Construction Manager shall promptly notify the Principal Representative in writing, and any necessary changes shall be accomplished by appropriate Amendment or Change Order.
4.2.3 If the Construction Manager or any of its subcontractors of any tier perform any work with knowledge or reason to know that it is contrary to such laws, statutes, building codes, ordinances, rules, or regulations, and does not notify the Principal Representative, as required in paragraph 4.2.2, the Construction Manager shall assume full responsibility therefore and shall bear all costs attributable therefore.
4.2.4 Nothing contained in this paragraph 4.2 shall be construed to require the Construction Manager to fully coordinate all of the Drawings or undertake to provide a full and complete review of the Drawings and/or Specifications for compliance with all applicable codes.
REVIEW OF THE CONTRACT DOCUMENTS. 3.2.1 Before Contractor delivers the Incentive Benchmark Proposal to MSG, Contractor shall carefully study the Contract Documents and shall notify Architect and MSG in writing of any errors, inconsistencies, ambiguities or omissions Contractor has identified therein.
3.2.2 Contractor shall not be liable to MSG, Architect or Project Manager with respect to any error, inconsistency or omission in the Contract Documents except to the extent Contractor: (a) knew of such error, inconsistency or omission based on its review of the Contract Documents; and (b) failed to notify MSG or Architect in writing of such error, inconsistency or omission before Contractor delivered the Incentive Benchmark Proposal to MSG. In such event, Contractor shall be liable for the cost that would have otherwise been avoided had Contractor reported such error, inconsistency or omission to MSG and Architect as required under this Section 3.2.2 and shall not be entitled to recover such cost as a Cost of the Work or an adjustment to the Substantial Completion Date.
3.2.3 In the event that errors, inconsistencies or omissions are discovered by Contractor in the Contract Documents, Contractor shall not proceed with the affected portions of the Work until Contractor has submitted an RFI to, and received written interpretation with respect thereto from, Architect. An unanswered RFI shall not become a reason by itself for an extension of time unless Architect fails to respond to such RFI within ten (10) Business Days after receipt thereof and Contractor can otherwise demonstrate that such failure to respond results in a delay to the critical path of the Work. If Contractor: (a) delivers an RFI with respect to an error, inconsistency or omission in the Contract Documents, but proceeds with Work involving such error, inconsistency or omission prior to receiving clarification from Architect; or (b) knows that an error, inconsistency or omission exists in the Contract Documents but nonetheless proceeds with Work involving such error, inconsistency or omission without submitting an RFI to Architect, then Contractor shall correct such Work performed to comply with Architect’s reasonable interpretation of the Contract Documents and Contractor shall not be entitled to recover the cost of such correction as a Cost of the Work or an adjustment to the Substantial Completion Date.
REVIEW OF THE CONTRACT DOCUMENTS. 4.1.1. Before undertaking each part of the Work, the Contractor shall study and compare the Contract Documents with each other and against manufacturers' recommendations for installation and handling. Before undertaking each part of the Work, the Contractor shall verify dimensions and take field measurements, and the Contractor shall coordinate the location, dimensions, access, fit, completeness, etc. of dependent Work. The Contractor shall promptly notify the Professional in writing of any conflict, error or omission in the Contract Documents and deviation from manufacturers' recommendations for installation and handling discovered.
4.1.2. The Contractor shall bear its proportionate share of the Delay and costs resulting from any Work undertaken before apprising the Professional and/or obtaining a written clarification or interpretation from the Professional, if the Contractor knows or has reason to know that any such Work (a) involves a conflict, error or omission, or (b) is subject to a specified Means and Method which is inappropriate, unworkable or unsafe, or (c) is subject to a specified method of installation, performance or test procedure and/or result which is contrary to the recommendations provided by or for the respective manufacturer.
REVIEW OF THE CONTRACT DOCUMENTS. 4.2.1. Before undertaking each part of the Work, the Contractor shall study and compare the Contract Documents with each other, verify pertinent figures and applicable field measurements, and coordinate related requirements for dependent Work such as location, dimensions, fit, completeness, consistency, etc.
4.2.2. The Contractor shall notify the Architect in writing of any conflict, error or omission in the Contract Documents the Con- tractor recognizes, and shall obtain a written interpretation or clarification from the Architect before proceeding with any affected Work. Unless authorized by the Official in writing, any work done by the Contractor prior to obtaining that interpretation or clarification which is directly or indirectly affected by same, will be at the Contractor's risk and the Contractor shall bear all resulting costs and delays. The Contractor shall be responsible for any costs or delays resulting from any unnecessary requests for clarification submitted to the Architect by the Contractor that can be determined from the Contract Documents.
4.2.3. If the Contractor performs Work which involves a conflict, error or omission, he shall assume responsibility for that perfor- xxxxx and shall bear all resulting costs and delays, as long as he actually recognized the conflict, error, or omission or if he should have reasonably have recognized it by reason of, but not limited to, the Contractor's Bid estimate or usage of the trade.
REVIEW OF THE CONTRACT DOCUMENTS. 4.2.1. The CM/GC, its employees, consultants, experts, and subcontractors, if any, shall carefully study and compare the Contract Documents and shall at once report to the City, any error, inconsistency, or omission that it discovers . Failure to do so shall constitute default and any damages associated with the omission shall be borne by the CM/GC. The CM/GC shall perform no portion of the Work at any time without Contract Documents or, where required, approved drawings, specifications, instructions, Shop Drawings, Product Data, or Samples for such portion of the Work.
REVIEW OF THE CONTRACT DOCUMENTS. Contractor shall (a) read the entire
REVIEW OF THE CONTRACT DOCUMENTS. Contractor shall (a) read the entire Specifications and shall carefully examine all Drawings and Specifications and details in order to be familiar with the quantity and quality of Work to be furnished. Because the Contract Documents are complementary, Contractor, before starting each portion of the Work, shall carefully study and compare the various Contract Documents relative to that portion of the Work as well as the information furnished by HFC pursuant to Section 2.2 herein, (b) shall take field measurements of any existing conditions related to that portion of the Work, and (c) observe any conditions at the Site affecting it.
REVIEW OF THE CONTRACT DOCUMENTS. If Contractor or their Subcontractor or Sub-Subcontractor observes that portions of the Contract Documents are at variance with Applicable Laws, Contractor shall promptly notify the Architect/Engineer and Owner in writing and necessary changes shall be accomplished by appropriate modification. If Contractor performs any Work knowing it to be contrary to such Applicable Laws, without such notice to the Architect/Engineer and Owner, Contractor shall assume full responsibility therefor and shall bear all costs attributable thereto, including, without limitation, all fines imposed by governmental authorities and the costs of bringing the Work in compliance with Applicable Law, statute, ordinance, building code, rule or regulation. Contractor shall, prior to commencement of the Work and continuously throughout the performance thereof, carefully study and compare the Contract Documents and immediately report in writing to Owner and Architect/Engineer any error, inconsistency, discrepancy, ambiguity, omission, insufficiency of detail or explanation or variance with physical conditions on the Job Site, including any problem which may preclude proper performance of a complete system with the required characteristics of that system(all or any of which are hereinafter referred to as an “error in the Contract Documents”) it should have reasonably discovered. Owner shall thereafter give appropriate written instructions to Contractor, and such instructions shall be final. Nothing in this provision should be construed to impose on Contractor the design duties, standard of care, or obligations of Owner’s design professionals. Should Contractor fail to report in writing an error it should have reasonably discovered in the Contract Documents or, having reported the same, fail to wait for Owner’s instructions as aforesaid prior to proceeding with the Work, then any Work performed by or on behalf of Contractor, directly or indirectly, after its discovery of an error in the Contract Documents shall be at Contractor’s own risk and expense, and Contractor shall be liable for all damages and corrective action resulting therefrom (including, without limitation, all fines imposed by governmental authorities and the costs of bringing the Work in compliance with Applicable Law, statute, ordinance, building code, rule or regulation). Further, any Defective Work (as defined under Section 5.4) performed by or on behalf of Contractor, directly or indirectly, as a result of an undiscovere...
