Common use of CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS Clause in Contracts

CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS. § 1.8.1 The Contract Documents shall include all items necessary for the proper execution and completion of the Work by the CM/GC. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the CM/GC shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 1.8.2 Nothing contained in this Contract shall create, nor be interpreted to create privity or any other relationship whatsoever between the Owner and any person or entity except the CMGC; provided, however, that the Design Professional is entitled to performance and enforcement of obligations under the Contract intended or necessary to facilitate its duties. Any reference to the Owner or the CM/GC shall be deemed to include authorized representatives. § 1.8.3 When a word, term or phrase is used in this Contract, it shall be interpreted or construed first as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. § 1.8.4 The words "include," "includes," or "including," as used in this Contract, shall be deemed to be followed by the phrase "without limitation." § 1.8.5 The specification herein of any act, failure, refusal, omission, event, occurrence, or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence, or condition shall be deemed not to constitute a material breach of this Contract. § 1.8.6 The CM/GC shall have a continuing duty to read, examine, review, compare, and contrast each of the documents which make up this Contract, shop drawings and other submittals, and shall give timely written notice to the Owner and Design Professional of any conflict, ambiguity, error, or omission which the CM/GC may find with respect to these documents before proceeding with the affected Work. § 1.8.7 The express or implied approval by the Owner of any shop drawings or other submittals shall not relieve the CM/GC of the continuing duties imposed hereby, nor shall any such approval be evidence of the CM/GC's compliance with this Contract. The Design Professional has prepared documents for the Project, including but not limited to Drawings and Specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for construction. However, the owner makes no express representation or warranty to the CM/GC concerning such documents. Upon acceptance of the guaranteed maximum price by the Owner, the CM/GC will hereby be deemed to have acknowledged and represented that it has received, reviewed and carefully examined such documents; has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction; and that the CM/GC has not, does not and will not rely upon any representations or warranties by the Owner concerning such documents, as no such representations or warranties have been or are hereby made.

CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS. § 1.8.1 The Contract Documents shall include all items necessary for the proper execution and completion of the Work by the CM/GC. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the CM/GC shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 1.8.2 Nothing contained in this Contract shall create, nor be interpreted to create create, privity or any other relationship whatsoever between the Owner and any person or entity except the CMGC; provided, however, that the Design Professional is entitled to performance and enforcement of obligations under the Contract intended or necessary to facilitate its duties. Any reference to the Owner or the CM/GC shall be deemed to include authorized representatives. § 1.8.3 When a word, term or phrase is used in this Contract, it shall be interpreted or construed first as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. § 1.8.4 The words "include," "includes," or "including," as used in this Contract, shall be deemed to be followed by the phrase "without limitation." § 1.8.5 The specification herein of any act, failure, refusal, omission, event, occurrence, occurrence or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence, occurrence or condition shall be deemed not to constitute a material breach of this Contract. § 1.8.6 The CM/GC shall have a continuing duty to read, examine, review, compare, compare and contrast each of the documents which make up this Contract, shop drawings and other submittals, and shall give timely written notice to the Owner and Design Professional of any conflict, ambiguity, error, error or omission which the CM/GC may find with respect to these documents before proceeding with the affected Work. § 1.8.7 The express or implied approval by the Owner of any shop drawings or other submittals shall not relieve the CM/GC of the continuing duties imposed hereby, nor shall any such approval be evidence of the CM/GC's compliance with this Contract. The Design Professional has prepared documents for the Project, including but not limited to Drawings and Specifications for the Project, which are accurate, adequate, consistent, coordinated, coordinated and sufficient for construction. However, the owner makes no express representation or warranty to the CM/GC concerning such documents. Upon acceptance of the guaranteed maximum price by the Owner, the CM/GC will hereby be deemed to have acknowledged and represented that it has received, reviewed and carefully examined such documents; has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction; and that the CM/GC has not, does not and will not rely upon any representations or warranties by the Owner concerning such documents, as no such representations or warranties have been or are hereby made.

CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS. § 1.8.1 1.2.1 The intent of the Contract Documents shall is to include all items necessary for the proper execution and completion of the Work by the CM/GCContractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the CM/GC Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 1.8.2 Nothing contained in this Contract shall create, nor be interpreted to create privity or 1.2.1.1 The invalidity of any other relationship whatsoever between the Owner and any person or entity except the CMGC; provided, however, that the Design Professional is entitled to performance and enforcement provision of obligations under the Contract intended Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to facilitate its dutiesmake that provision legal and enforceable. Any reference In such case the Contract Documents shall be construed, to the Owner or fullest extent permitted by law, to give effect to the CM/GC shall be deemed to include authorized representativesparties’ intentions and purposes in executing the Contract. § 1.8.3 When a word1.2.2 Organization of the Specifications into divisions, term sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or phrase is in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. In the event of a conflict, inconsistency or ambiguity among the Contract Documents, such Documents have the following priority: (1) Modifications as defined by Subsection 1.1.1 of these General Conditions; (2) Specifications; (3) Drawings; (4) the Agreement, as modified by the parties; and (5) these General Conditions, AIA Document A201-2007, as modified by the parties. However, in the event of conflicting provisions among the Contract Documents that are not resolved by this Contractorder of priority, the Architect in consultation with the Owner shall determine which of the conflicting requirements shall govern, with the general guideline that the more stringent requirement, higher quality or more expensive material will be required, the cost and time of which shall be included in the GMP Amendment, unless, in the opinion of the Architect and subject to the Owner’s approval, another requirement is more appropriate. The Owner’s decision shall be final in such case but subject to the dispute resolution procedures set forth herein. The Contractor shall cause the obligations of this section to be incorporated into each and every contract with its Subcontractors, suppliers and consultants. This provision shall not relieve the Contractor of its reporting duties under Sections 3.2 and 3.7 of these General Conditions. The Contractor shall cause the obligations of this section to be incorporated into each and every contract with its Subcontractors, suppliers and consultants. § 1.2.4 Before ordering any materials or doing any Work, the Contractor and each Subcontractor and Sub-subcontractor shall verify measurements at the Project site, as reasonably available, and shall be responsible for the correctness of such measurements. Any difference which may be found shall be submitted to the Architect and approved by the Owner for resolution before proceeding with the Work. as similar Architect. § 1.2.5 If an item is shown on the Drawings, but not specified, the Contractor shall provide the item of the same quality items specified. If an item is specified, but not shown on the Drawings, it shall be interpreted or construed first located as defined herein; seconddirected by the § 1.2.6 The Drawings are indications of the design intent, as well as specific instructions. Any typical "details" (as such term is used in the industry) of a specific area included on Drawings show the intent of all similar areas. If questions arise about the construction of an area not specifically detailed, the Contractor shall consult with the party that prepared the plans and specification, who will provide further details and instructions. Such further documentation, if not defined, according to its generally accepted meaning in consistent with the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. § 1.8.4 The words "include," "includes," or "including," as used in this ContractContract Documents, shall be deemed to be followed by not alter the phrase "without limitationContract Sum." § 1.8.5 The specification herein of any act, failure, refusal, omission, event, occurrence, or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence, or condition shall be deemed not to constitute a material breach of this Contract. § 1.8.6 The CM/GC shall have a continuing duty to read, examine, review, compare, and contrast each of the documents which make up this Contract, shop drawings and other submittals, and shall give timely written notice to the Owner and Design Professional of any conflict, ambiguity, error, or omission which the CM/GC may find with respect to these documents before proceeding with the affected Work. § 1.8.7 The express or implied approval by the Owner of any shop drawings or other submittals shall not relieve the CM/GC of the continuing duties imposed hereby, nor shall any such approval be evidence of the CM/GC's compliance with this Contract. The Design Professional has prepared documents for the Project, including but not limited to Drawings and Specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for construction. However, the owner makes no express representation or warranty to the CM/GC concerning such documents. Upon acceptance of the guaranteed maximum price by the Owner, the CM/GC will hereby be deemed to have acknowledged and represented that it has received, reviewed and carefully examined such documents; has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction; and that the CM/GC has not, does not and will not rely upon any representations or warranties by the Owner concerning such documents, as no such representations or warranties have been or are hereby made.