Common use of COORDINATION OF CONTRACT DOCUMENTS Clause in Contracts

COORDINATION OF CONTRACT DOCUMENTS. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. For example, any provision contained in Plans that is not in the Specifications (or vice versa) shall be construed as being in both. If there is any inconsistency in the Contract Documents, the Contractor shall provide the better quality of and/or the correct quantity of the Work or Materials at issue, and such shall be the standard of workmanship and Materials throughout corresponding parts of the Work in a manner that is satisfactory to Owner. If any Work to be performed is not specifically included in the Contract Documents but is reasonably necessary or inferable to accomplish the purpose of the Contract, then it will be deemed to be included in the Work to the same extent as if specifically described in the Contract Documents. Where compliance with two (2) or more reference standards are specified and reference standards establish different or conflicting requirements for minimum quantities or quality levels, the more restrictive/most stringent interpretation shall govern. Similarly, in case of a conflict within a part of the Contract Documents or other documents or laws, the provision with the more restrictive/most stringent interpretation shall govern. For example and not by way of limitation, calculated dimensions will govern over scaled dimensions; Contract Forms shall govern over Special Provisions, Special Provisions shall govern over General Provisions, General Provisions shall govern over Technical Specifications/Provisions, Technical Specification/Provisions shall govern over Plans, cited standards for materials or testing, and cited FAA advisory circulars (if applicable). Conflicts in the application or interpretation of any parts of the Contract Documents shall be interpreted in accordance with the following order of precedence (the first listed being the highest precedence); however, documents shall be construed to be consistent and harmonized to the greatest extent feasible with resort to order of precedence only in the case of clear express conflict: applicable laws and regulations, permits, Modifications, the Contract, the Performance Bond, the Payment Bond, any required insurance certificates, Special Provisions, these General Provisions, Technical Specifications/Provisions, the Design Criteria Package, if any, and any addenda issued to Bidders, the Instruments of Service, Plans and Specifications, and, lastly, the Proposal, but the Proposal is included only for the purpose of providing a description of the Work to be performed and for no other purpose. The Contractor shall not take advantage of any apparent error or omission on the Plans or Specifications, in other Contract Documents, or in test results relating to the Work hereunder. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Owner for his/her interpretation and decision, and such decision shall be final. The Contractor shall refer uncertainties and requirements that are different but apparently equal to the Owner for decision before proceeding. Notwithstanding the foregoing, all interpretations or clarification of these General Provisions, including any conflicts, discrepancies, errors, or omissions involving these General Provisions, the Contract, and any Contract Documents or any other documents, shall be resolved by the Owner in its sole discretion, which decision shall be final.

Appears in 7 contracts

Samples: Contract Agreement, Contract Agreement, Contract Agreement

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