Common use of Intent and Interpretation Clause in Contracts

Intent and Interpretation. A. The Contract Documents, as described herein, constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede any and all prior discussions, communications, representations, understandings, negotiations, or agreements; B. Anything that may be required, implied, or inferred by the Contract Documents, shall be provided by the Contractor for the Contract Price; C. Nothing contained in the Construction Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person except the Contractor; D. When a word, term, or phrase is used in the Contract Documents, 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; E. The words “include,” “includes,” or “including,” as used in the Contract Documents, shall be deemed to be followed by the phrase “without limitation;” F. The specification herein of any act, failure, refusal, omission, event, occurrence, or condition as constituting a material breach of the Contract Documents 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 the Contract Documents; G. The Contractor shall have a continuing duty to read, examine, review, compare, and contrast each of the Contract Documents, shop drawings, and other submittals and shall give written notice to the Owner and the Design Professional of any conflict, ambiguity, error, or omission which the Contractor may find with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The express or implied approval by the Owner or the Design Professional of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s compliance with the Contract Documents. The Owner has requested the Design Professional, if any, to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby acknowledges and represents 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 Contractor 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; H. In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documents, the following shall control: 1. As between figures given on plans and scaled measurements, the figures shall govern; 2. As between large scale plans and small scale plans, the large scale plans shall govern; 3. As between plans and specifications, the requirements of the specifications shall govern; 4. As between the Instructions to Bidders and plans and specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract shall govern.

Appears in 5 contracts

Sources: Fixed Price Construction Contract, Fixed Price Construction Contract, Fixed Price Construction Contract

Intent and Interpretation. A. The Contract DocumentsWith respect to the intent and interpretation of this Contract, the Owner and the Contractor agree as described hereinfollows: (A) This Contract, together with the Contractor's and Surety's Payment, Performance Bonds, and Maintenance Bonds for the Project, if any, constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. This Contract also supersedes any bid documents; B. (B) Anything that may be required, implied, implied or inferred by the Contract Documentsdocuments which make up this Contract, or any one or more of them, shall be provided by the Contractor for the Contract Price; C. (C) Nothing contained in the Construction this Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person except the Contractor; D. (D) When a word, term, or phrase is used in the Contract Documentsthis 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; E. (E) The words "include,” “", "includes,” ", or "including,” ", as used in the Contract Documentsthis Contract, shall be deemed to be followed by the phrase “phrase, "without limitation"; F. (F) The specification herein of any act, failure, refusal, omission, event, occurrence, occurrence or condition as constituting a material breach of the this Contract Documents 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 the Contract Documentsthis Contract; G. (G) The Contractor shall have a continuing duty to read, examine, review, compare, compare and contrast each of the Contract Documentsdocuments which make up this Contract, shop drawings, and other submittals and shall give written notice to the Owner and the Design Professional of any conflict, ambiguity, error, error or omission which the Contractor may find with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The express or implied approval by the Owner or the Design Professional of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s 's compliance with the Contract Documentsthis Contract. The Owner has requested the Design Professionalprepared, if anyor had someone prepare, to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby acknowledges and represents that it has received, reviewed, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, coordinated and sufficient for construction, and that the Contractor 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; H. (H) In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documentsdocuments which make up this Contract, the following shall control: (1. ) As between figures given on plans and scaled measurements, the figures shall govern; (2. ) As between large scale plans and small scale plans, the large scale plans shall govern; (3. ) As between plans and specifications, the requirements of the specifications shall govern; (4. ) As between this document and the Instructions to Bidders and plans and or specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract this document shall govern. (I) The Owner’s representative shall be the project manager.

Appears in 3 contracts

Sources: Construction Contract, Construction Contract, Construction Contract

Intent and Interpretation. A. 1.6.1 The intent of this Contract Documentsis to require complete, as described herein, constitute correct and timely execution of the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede any and all prior discussions, communications, representations, understandings, negotiations, or agreements; B. Anything Work. Any Work that may be required, implied, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price;, as hereinafter defined. C. Nothing contained in the Construction 1.6.2 This Contract is intended to be an integral whole and shall create, nor be interpreted to create, privity or as internally consistent. What is required by any other relationship whatsoever between one Contract Document shall be considered as required by the Owner and any person except the Contractor;Contract. D. 1.6.3 When a word, term, term or phrase is used in the Contract Documentsthis Contract, it shall be interpreted or construed 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;. E. 1.6.4 The words include,” “, includes,” , or including,” , as used in the Contract Documentsthis Contract, shall be deemed to be followed by the phrase “phrase, without limitation;”. F. 1.6.5 The specification herein of any act, failure, refusal, omission, event, occurrence, occurrence or condition as constituting a material breach of the this Contract Documents 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. 1.6.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the Contract Documents;context of their usage clearly requires a contrary meaning. G. 1.6.7 The Contractor shall have a continuing duty to read, examine, review, compare, carefully study and contrast compare each of the Contract Documents, the shop drawings, drawings and other submittals the product data and shall give written notice to the Owner and the Design Professional City of any conflictinconsistency, ambiguity, error, error or omission which the Contractor may find discover with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, Work or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriateany part thereof. The issuance or the express or implied approval by the Owner or City of the Design Professional of any Contract Documents, shop drawings or other submittals product data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s compliance with the Contract Documentsthis Contract. The Owner has requested the Design Professional, if any, to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for construction. HOWEVER, THE OWNER CITY MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTSTHE DOCUMENTS FOR THE PROJECT, INCLUDING THE DRAWINGS AND SPECIFICATIONS FOR THE PROJECT. The By the execution hereof, the Contractor again hereby acknowledges and represents that it has received, reviewed, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representations representation or warranties by the Owner City concerning such documents, documents as no such representations representation or warranties have been or are hereby made;. H. In 1.6.8 Neither the event organization of any conflict, discrepancy, or inconsistency among any of the Contract DocumentsDocuments into divisions, sections, paragraphs, articles, (or other categories), nor the following shall control: 1. As between figures given on plans and scaled measurements, the figures shall govern; 2. As between large scale plans and small scale plans, the large scale plans shall govern; 3. As between plans and specifications, the requirements organization or arrangement of the specifications design, shall govern; 4. As between control the Instructions Contractor in dividing the Work or in establishing the extent or scope of the Work to Bidders and plans and specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract shall governbe performed by Subcontractors.

Appears in 2 contracts

Sources: Construction Contract, Construction Contract

Intent and Interpretation. A. The Contract DocumentsWith respect to the intent and interpretation of this Contract, the Owner and the Contractor agree as described hereinfollows: (A) This Contract, together with the Contractor's and Surety's Payment and Performance Bonds for the Project, if any, constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. This Contract also supersedes any bid documents; B. (B) Anything that may be required, implied, implied or inferred by the Contract Documentsdocuments which make up this Contract, or any one or more of them, shall be provided by the Contractor for the Contract Price; C. (C) Nothing contained in the Construction this Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person except the Contractor; D. (D) When a word, term, or phrase is used in the Contract Documentsthis 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; E. (E) The words "include,” “", "includes,” ", or "including,” ", as used in the Contract Documentsthis Contract, shall be deemed to be followed by the phrase “phrase, "without limitation"; F. (F) The specification herein of any act, failure, refusal, omission, event, occurrence, occurrence or condition as constituting a material breach of the this Contract Documents 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 the Contract Documentsthis Contract; G. (G) The Contractor shall have a continuing duty to read, examine, review, compare, compare and contrast each of the Contract Documentsdocuments which make up this Contract, shop drawings, and other submittals and shall give written notice to the Owner and the Design Professional of any conflict, ambiguity, error, error or omission which the Contractor may find with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The express or implied approval by the Owner or the Design Professional of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s 's compliance with the Contract Documentsthis Contract. The Owner has requested the Design Professionalprepared, if anyor had someone prepare, to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby acknowledges and represents that it has received, reviewed, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, coordinated and sufficient for construction, and that the Contractor 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; H. (H) In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documentsdocuments which make up this Contract, the following shall control: (1. ) As between figures given on plans and scaled measurements, the figures shall govern; (2. ) As between large scale plans and small scale plans, the large scale plans shall govern; (3. ) As between plans and specifications, the requirements of the specifications shall govern; (4. ) As between this document and the Instructions to Bidders and plans and or specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract this document shall govern. (I) The Owner’s representative shall be the project manager.

Appears in 2 contracts

Sources: Construction Contract, Construction Contract

Intent and Interpretation. A. 1.5.1 The intent of this Contract Documentsis to require complete, as described herein, constitute correct and timely execution of the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede any and all prior discussions, communications, representations, understandings, negotiations, or agreements; B. Anything Work. Any Work that may be required, implied, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price;. C. Nothing contained in the Construction 1.5.2 This Contract is intended to be an integral whole and shall create, nor be interpreted to create, privity or as internally consistent. What is required by any other relationship whatsoever between one Contract Document shall be considered as required by the Owner and any person except the Contractor;Contract. D. 1.5.3 When a word, term, term or phrase is used in the Contract Documentsthis Contract, it shall be interpreted or construed 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;. E. 1.5.4 The words "include,” “", "includes,” ", or "including,” ", as used in the Contract Documentsthis Contract, shall be deemed to be followed by the phrase “phrase, "without limitation;”". F. 1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence, occurrence or condition as constituting a material breach of the this Contract Documents 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. 1.5.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the Contract Documents;context of their usage clearly requires a contrary meaning. G. 1.5.7 The Contractor shall have a continuing duty to read, examine, review, compare, carefully study and contrast compare each of the Contract Documents, shop drawings, and other submittals Documents and shall give written notice to the Owner and the Design Professional of any conflictinconsistency, ambiguity, error, error or omission which the Contractor may find discover with respect to these documents before proceeding with the affected workWork. Reported errors, inconsistenciesThe issuance, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The the express or implied approval by the Owner or of the Design Professional of any shop drawings or other submittals Contract Documents shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s 's compliance with the Contract Documentsthis Contract. The Owner has requested the Design Professional, if any, There is no architect assigned to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for constructionthis project. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The By the execution hereof, the Contractor again hereby acknowledges and represents that it has received, reviewed, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representations representation or warranties by the Owner concerning such documents, documents as no such representations representation or warranties have been or are hereby made;. H. In 1.5.8 Neither the event organization of any conflict, discrepancy, or inconsistency among any of the Contract DocumentsDocuments into divisions, sections, paragraphs, articles, (or other categories), nor the following shall control: 1. As between figures given on plans and scaled measurements, the figures shall govern; 2. As between large scale plans and small scale plans, the large scale plans shall govern; 3. As between plans and specifications, the requirements organization or arrangement of the specifications Design, shall govern; 4. As between control the Instructions Contractor in dividing the Work or in establishing the extent or scope of the Work to Bidders and plans and specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract shall governbe performed by Subcontractors.

Appears in 2 contracts

Sources: Construction Contract, Construction Contract

Intent and Interpretation. A. The With respect to the intent and interpretation of the Contract Documents, the Owner and Contractor agree as described herein, follows: 2.1 The Contract Documents taken together constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede any and all prior discussions, communications, representations, understandings, negotiations, or agreements;. B. 2.2 The Contract Documents are complementary, and what is called for by any one shall be binding as if called for by all. The intention of the Contract Documents is to include all labor, materials, equipment and transportation necessary for the proper execution of the Work and completion of the Project. Anything that may be required, implied, reasonably implied or inferred by the Contract DocumentsDocuments that make up this Agreement, or any one or more of them, shall be provided by the Contractor for the Contract Price;Sum. C. Nothing contained in the Construction Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person except the Contractor; D. 2.3 When a word, term, or phrase is used in the Contract Documents, it shall be interpreted or construed first, as defined hereinin the Contract Documents; 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;. E. The words “include,” “includes,” or “including,” as used in the Contract Documents, shall be deemed to be followed by the phrase “without limitation;” F. 2.4 The specification herein of any act, failure, refusal, omission, event, occurrence, occurrence or condition as constituting a material breach of the Contract Documents Agreement 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 Agreement. 2.5 The organization of the Contract Documents;Specifications into divisions, sections, and/or articles and the arrangement of the Drawings shall not dictate to the Contractor in any way how the Work is to be divided among Subcontractors or establish the extent of Work to be performed by any trade. G. 2.6 The Contractor shall have a continuing duty to read, examine, review, compare, compare and contrast each of the documents which make up the Contract Documents, shop drawingsShop Drawings, and other submittals and shall give written notice to the Owner and the Design Professional Architect of any conflict, ambiguity, error, error or omission which the Contractor may find with respect to these documents before proceeding with the services and any affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriateWork. The express or implied approval by the Owner or the Design Professional Architect of any shop drawings Shop Drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s 's compliance with the Contract Documents. The Owner has requested the Design Professional, if any, Architect to only prepare documents for the Project, including the plans Drawings and specifications Specifications for the Project, which are accurate, adequate, consistent, coordinated, coordinated and sufficient for construction. 2.7 Reference in the Contract Documents to any article, device, product, material, fixture, form, process or type construction by name, make, type or style shall be interpreted as establishing a standard of quality and shall not be construed as limiting competition. HOWEVERHowever, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. Substitutions will only be considered as set forth in Section 15 of the General Conditions. 2.8 Where only one such name, make, type or style is specified in any instance, whether or not followed by the phrase “or other approved,” “or equal” or other words to that effect, the Contractor's proposed installation shall be based on the name, make, type, or style so specified; and 2.8.1 Where the Contract Documents mention more than one name of Subcontractor, supplier or process, or more than one name, make, type or style of article, material or equipment item, the Contractor's proposal shall be based on one of the named makes, types or styles; and 2.8.2 The Contractor again hereby acknowledges and represents that it has receivedContractor’s proposal shall clearly state, reviewedthe names, and carefully examined such documentsmakes, has found them to be complete, accurate, adequate, consistent, coordinated, and sufficient for construction, and that types or styles which the Contractor has notmay propose, 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; H. In the event of any conflict, discrepancy, or inconsistency among any of other than those designated in the Contract DocumentsDocuments together with the proposed cost adjustments, the following shall control: 1. As between figures given on plans and scaled measurements, the figures shall govern; 2. As between large scale plans and small scale plans, the large scale plans shall govern; 3. As between plans and specifications, the requirements of the specifications shall govern; 4. As between the Instructions to Bidders and plans and specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract shall governif any.

Appears in 2 contracts

Sources: General Construction Services Agreement, General Construction Services Agreement

Intent and Interpretation. A. 1.6.1 The intent of this Contract Documentsis to require complete, as described herein, constitute correct and timely execution of the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede any and all prior discussions, communications, representations, understandings, negotiations, or agreements; B. Anything Work. Any Work that may be required, implied, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price;, as hereinafter defined. C. Nothing contained in the Construction 1.6.2 This Contract is intended to be an integral whole and shall create, nor be interpreted to create, privity or as internally consistent. What is required by any other relationship whatsoever between one Contract Document shall be considered as required by the Owner and any person except the Contractor;Contract. D. 1.6.3 When a word, term, term or phrase is used in the Contract Documentsthis Contract, it shall be interpreted or construed 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;. E. 1.6.4 The words include,” “, includes,” , or including,” , as used in the Contract Documentsthis Contract, shall be deemed to be followed by the phrase “phrase, without limitation;”. F. 1.6.5 The specification herein of any act, failure, refusal, omission, event, occurrence, occurrence or condition as constituting a material breach of the this Contract Documents 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. 1.6.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the Contract Documents;context of their usage clearly requires a contrary meaning. G. 1.6.7 The Contractor shall have a continuing duty to read, examine, review, compare, carefully study and contrast compare each of the Contract Documents, the shop drawings, drawings and other submittals the product data and shall give written notice to the Owner and the Design Professional City of any conflictinconsistency, ambiguity, error, error or omission which the Contractor may find discover with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriateWork. The issuance or the express or implied approval by the Owner or City of the Design Professional of any Contract Documents, shop drawings or other submittals product data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s compliance with the Contract Documents. The Owner has requested the Design Professional, if any, to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for constructionthis Contract. HOWEVER, THE OWNER CITY MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTSTHE DOCUMENTS FOR THE PROJECT, INCLUDING THE DRAWINGS AND SPECIFICATIONS FOR THE PROJECT. The By the execution hereof, the Contractor again hereby acknowledges and represents that it has received, reviewed, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representations representation or warranties by the Owner City concerning such documents, documents as no such representations representation or warranties have been or are hereby made;. H. In 1.6.8 Neither the event organization of any conflict, discrepancy, or inconsistency among any of the Contract DocumentsDocuments into divisions, sections, paragraphs, articles, (or other categories), nor the following shall control: 1. As between figures given on plans and scaled measurements, the figures shall govern; 2. As between large scale plans and small scale plans, the large scale plans shall govern; 3. As between plans and specifications, the requirements organization or arrangement of the specifications design, shall govern; 4. As between control the Instructions Contractor in dividing the Work or in establishing the extent or scope of the Work to Bidders and plans and specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract shall governbe performed by Subcontractors.

Appears in 2 contracts

Sources: Contract Agreement, Contract Agreement

Intent and Interpretation. A. The Contract DocumentsWith respect to the intent and interpretation of this Contract, the Owner and the Contractor agree as described hereinfollows: 3.1.1 This Contract, together with the Contractor's and ▇▇▇▇▇▇'s performance and payment bonds for the Project, constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements;. This Contract also supersedes any bid documents, but only to the extent that it is inconsistent therewith. B. 3.1.2 Anything that may be required, implied, implied or inferred by the Contract Documentsdocuments which make up this Contract, or any one or more of them, shall be provided by the Contractor for the Contract Price;. C. 3.1.3 Nothing contained in the Construction 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 Contractor;. D. 3.1.4 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. 3.1.5 The Contractor 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. Each of the documents is complementary and shall be interpreted so that what is called for by one shall be as binding as if called for by all. Should the Contractor observe any conflicts, ambiguity, errors or omissions within the documents, he shall, by written notice, bring them to the Owner’s and Architect’s attention for decision and revision as soon as possible after originally observed and before proceeding with the affected Work. In the event of duplication or conflicts between the documents after the Contract has been executed, the most expensive method of work, materials and equipment shall be construed as the requirement, with a credit for all costs saved accruing to the Owner in the event the least expensive method of work is directed. The express or implied approval by the Owner or the Architect of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. The Owner has requested the Architect to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. However, the Owner makes no representation or warranty of any nature whatsoever to the Contractor concerning such documents. The Contractor again hereby acknowledges and represents that it has received, reviewed and carefully examined such documents, believes them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor 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. 3.1.6 Plans are not intended to be scaled or to act as shop drawings. 3.1.7 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up this Contract, interpretation will be based on the following priority: 3.1.7.1 Addenda (if any), with those of later date having precedence over those of earlier date. 3.1.7.2 This Agreement. 3.1.7.3 Supplemental or Special Conditions (if any). 3.1.7.4 Specifications. 3.1.7.5 Plans, with the following priority: (a) As between figures given on plans and scaled measurements, the figures shall govern. (b) As between large scale plans and small scale plans, the large scale plans shall govern. 3.1.8 Whenever an item is specified or shown on the plans by detail or reference, it shall be considered typical for other items which are obviously intended to be the same even though not so designated or specifically named but do serve the same function in the building. 3.1.9 Any material specified by reference to the number, symbol, or title of a specific standard such as a Commercial Standard, a Federal Specification, a trade association standard, or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date indicated on the specifications, except as limited, or modified in such references. The standards referred to, except as modified in the Contract, shall have full force and effect as though printed in the Contract. The Contractor shall make itself aware of the contents of such standards and shall furnish the field office with one (1) full set of each. 3.1.10 If Owner elects to accept any items proposed by the Contractor as a substitution, the Contractor shall assume full responsibility for the proper performance of any substitution to the criteria set forth in the Contract and assume the costs of any changes in the Work which may be due to such substitution. 3.1.11 When a word, term, or phrase is used in the Contract Documentsthis 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;. E. 3.1.12 The words "include,” “", "includes,” ", or "including,” ", as used in the Contract Documentsthis Contract, shall be deemed to be followed by the phrase “phrase, "without limitation;". 3.1.13 Wherever the terms “necessary F. The specification herein of any act, failure“suitable”, refusal“as directed”, omission“when directed”, event“satisfactory”, occurrence“good and sufficient”, “approved”, or condition as constituting a material breach other general qualifying terms are used on the plans, they are deemed to be followed by the words “in the opinion of the Contract Documents shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrenceArchitect”, or condition shall be deemed not to constitute a material breach of the Contract Documents; G. The Contractor shall have a continuing duty to read, examine, review, compare, and contrast each of the Contract Documents, shop drawings, and other submittals and shall give written notice to the Owner and the Design Professional of any conflict, ambiguity, error, or omission which the Contractor may find with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The express or implied approval by the Owner or the Design Professional of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s compliance with the Contract Documents. The Owner has requested the Design Professional, if any, to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby acknowledges and represents 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 Contractor has not, does not, and will not rely upon any representations or warranties by the Owner concerning such documentsArchitect”, as no such representations or warranties have been or are hereby made; H. In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documents, the following shall control: 1. As between figures given on plans and scaled measurements, the figures shall govern; 2. As between large scale plans and small scale plans, the large scale plans shall govern; 3. As between plans and specifications, the requirements of the specifications shall govern; 4. As between the Instructions to Bidders and plans and specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract shall governcase may be.

Appears in 1 contract

Sources: Fixed Price Construction Contract

Intent and Interpretation. A. 1.5.1 The intent of this Contract Documentsis to require complete, as described herein, constitute correct and timely execution of the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede any and all prior discussions, communications, representations, understandings, negotiations, or agreements; B. Anything Work. Any Work that may be required, implied, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price;. C. Nothing contained in the Construction 1.5.2 This Contract is intended to be an integral whole and shall create, nor be interpreted to create, privity or as internally consistent. What is required by any other relationship whatsoever between one Contract Document shall be considered as required by the Owner and any person except the Contractor;Contract. D. 1.5.3 When a word, term, term or phrase is used in the Contract Documentsthis Contract, it shall be interpreted or construed construed, first, as defined herein; second, if not defined, according to per its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to per its common and customary usage;. E. 1.5.4 The words "include,” “", "includes,” ", or "including,” ", as used in the Contract Documentsthis Contract, shall be deemed to be followed by the phrase “phrase, "without limitation;”". F. 1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence, occurrence or condition as constituting a material breach of the this Contract Documents 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. 1.5.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the Contract Documents;context of their usage clearly requires a contrary meaning. G. 1.5.7 The Contractor shall have a continuing duty to read, examine, review, compare, carefully study and contrast compare each of the Contract Documents, shop drawingsthe Shop Drawings, the Product Data, and other submittals any Plans and Specifications, and shall give written notice to the Owner and the Design Professional of any conflictinconsistency, ambiguity, error, error or omission which the Contractor may find discover with respect to these documents before proceeding with the affected workWork. Reported errors, inconsistenciesThe issuance, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The the express or implied approval by the Owner or the Design Professional Architect of any shop drawings the Contract Documents, Shop Drawings or other submittals Product Data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s 's compliance with the Contract Documentsthis Contract. The Owner has requested the Design Professional, if any, Architect to only prepare documents for the Project, including the plans Drawings and specifications Specifications for the Project, which are accurate, adequate, consistent, coordinated, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The By the execution hereof, the Contractor again hereby acknowledges and represents that it has received, reviewed, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representations representation or warranties by the Owner concerning such documents, documents as no such representations representation or warranties have been or are hereby made;. Further, the Contractor represents and warrants that it has had a sufficient opportunity to inspect the Project site and assumes all responsibility for inadequacies or ambiguities in the plans, drawings or specifications as well as for latent conditions of the site where the work is to be performed. H. In 1.5.8 As between numbers and scaled measurements on the event Drawings and in the Design, the numbers shall govern, as between larger scale and smaller scale drawings, the larger scale shall govern. 1.5.9 Neither the organization of any conflict, discrepancy, or inconsistency among any of the Contract DocumentsDocuments into divisions, sections, paragraphs, articles, (or other categories), nor the following shall control: 1. As between figures given on plans and scaled measurements, the figures shall govern; 2. As between large scale plans and small scale plans, the large scale plans shall govern; 3. As between plans and specifications, the requirements organization or arrangement of the specifications Design, shall govern; 4. As between control the Instructions Contractor in dividing the Work or in establishing the extent or scope of the Work to Bidders and plans and specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract shall governbe performed by Subcontractors.

Appears in 1 contract

Sources: Standard Fixed Price Contract

Intent and Interpretation. A. The Contract DocumentsWith respect to the intent and interpretation of this Contract, the Owner and the Contractor agree as described hereinfollows: 3.1.1 This Contract, together with the Contractor's and Surety's performance and payment bonds for the Project, constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements;. This Contract also supersedes any bid documents, but only to the extent that it is inconsistent therewith. B. 3.1.2 Anything that may be required, implied, implied or inferred by the Contract Documentsdocuments which make up this Contract, or any one or more of them, shall be provided by the Contractor for the Contract Price;. C. 3.1.3 Nothing contained in the Construction 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 Contractor. 3.1.4 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. 3.1.5 The Contractor 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. Each of the documents is complementary and shall be interpreted so that what is called for by one shall be as binding as if called for by all. Should the Contractor observe any conflicts, ambiguity, errors or omissions within the documents, he shall, by written notice, bring them to the Owner’s and Architect’s attention for decision and revision as soon as possible after originally observed and before proceeding with the affected Work. In the event of duplication or conflicts between the documents after the Contract has been executed, the most expensive method of work, materials and equipment shall be construed as the requirement, with a credit for all costs saved accruing to the Owner in the event the least expensive method of work is directed. The express or implied approval by the Owner or the Architect of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. The Owner has requested the Architect to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. However, the Owner makes no representation or warranty of any nature whatsoever to the Contractor concerning such documents. The Contractor again hereby acknowledges and represents that it has received, reviewed and carefully examined such documents, believes them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor 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. 3.1.6 Plans are not intended to be scaled or to act as shop drawings. 3.1.7 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up this Contract, interpretation will be based on the following priority: 3.1.7.1 First, Addenda (if any), with those of later date having precedence over those of earlier date; D. 3.1.7.2 second, this Contract; 3.1.7.3 third, Supplemental or Special Conditions (if any); 3.1.7.4 fourth, the Specifications; and, 3.1.7.5 fifth, the Plans, with the following priority: (a) As between figures given on plans and scaled measurements, the figures shall govern; (b) As between large scale plans and small scale plans, the large scale plans shall govern. 3.1.8 Whenever an item is specified or shown on the plans by detail or reference, it shall be considered typical for other items which are obviously intended to be the same even though not so designated or specifically named but do serve the same function in the building. 3.1.9 Any material specified by reference to the number, symbol, or title of a specific standard such as a Commercial Standard, a Federal Specification, a trade association standard, or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date indicated on the specifications, except as limited, or modified in such references. The standards referred to, except as modified in the Contract, shall have full force and effect as though printed in the Contract. The Contractor shall make itself aware of the contents of such standards and shall furnish the field office with one (1) full set of each. 3.1.10 If Owner elects to accept any items proposed by the Contractor as a substitution, the Contractor shall assume full responsibility for the proper performance of any substitution to the criteria set forth in the Contract and assume the costs of any changes in the Work which may be due to such substitution. 3.1.11 When a word, term, or phrase is used in the Contract Documentsthis 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;. E. 3.1.12 The words "include,” “", "includes,” ", or "including,” ", as used in the Contract Documentsthis Contract, shall be deemed to be followed by the phrase “phrase, "without limitation;". 3.1.13 Wherever the terms “necessary F. The specification herein of any act, failure“suitable”, refusal“as directed”, omission“when directed”, event“satisfactory”, occurrence“good and sufficient”, “approved”, or condition as constituting a material breach other general qualifying terms are used on the plans, they are deemed to be followed by the words “in the opinion of the Contract Documents shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrenceArchitect”, or condition shall be deemed not to constitute a material breach of the Contract Documents; G. The Contractor shall have a continuing duty to read, examine, review, compare, and contrast each of the Contract Documents, shop drawings, and other submittals and shall give written notice to the Owner and the Design Professional of any conflict, ambiguity, error, or omission which the Contractor may find with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The express or implied approval by the Owner or the Design Professional of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s compliance with the Contract Documents. The Owner has requested the Design Professional, if any, to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby acknowledges and represents 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 Contractor has not, does not, and will not rely upon any representations or warranties by the Owner concerning such documentsArchitect”, as no such representations or warranties have been or are hereby made; H. In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documents, the following shall control: 1. As between figures given on plans and scaled measurements, the figures shall govern; 2. As between large scale plans and small scale plans, the large scale plans shall govern; 3. As between plans and specifications, the requirements of the specifications shall govern; 4. As between the Instructions to Bidders and plans and specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract shall governcase may be.

Appears in 1 contract

Sources: Fixed Price Construction Contract

Intent and Interpretation. A. The Contract Documents, as described herein, constitute the entire and exclusive agreements between the parties with reference With respect to the Projectintent and interpretation of this Contract, METRO and said Contract Documents supersede any and all prior discussionsCONTRACTOR agree as follows: Unless specifically stated to be the responsibility of METRO, communications, representations, understandings, negotiations, or agreements; B. Anything anything that may be required, implied, or inferred by the Contract Documentsdocuments which make up this Contract, or any one or more of them, shall be provided by the Contractor CONTRACTOR for the Contract Price; C. . Nothing contained in the Construction this Contract shall create, nor or be interpreted to create, privity or any other relationship whatsoever between the Owner METRO and any person entity except the Contractor; D. When CONTRACTOR. Whenever a word, term, term or phrase is used in the Contract Documentsthis 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; E. . The words "include,” “", "includes,” ", or "including,” ", as used in the this Contract Documents, shall be deemed to be followed by the phrase “phrase, "without limitation;” F. ". The specification herein of any act, failure, refusal, omission, event, occurrence, or condition as constituting a material breach of the this Contract Documents 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 the Contract Documents; G. The Contractor this Contract. CONTRACTOR shall have a continuing duty to read, examine, review, compare, and contrast each of the Contract Documentsdocuments which make up this Contract, shop drawings, drawings and other submittals and shall give written notice to the Owner and the Design Professional METRO of any conflict, ambiguity, error, or omission which the Contractor CONTRACTOR may find with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The express or implied approval by the Owner or the Design Professional of METRO of any shop drawings or other submittals shall not relieve the Contractor CONTRACTOR of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s CONTRACTOR's compliance with the Contract Documentsthis Contract. The Owner METRO has requested the Design Professional, if any, Architect/Engineer to only prepare documents for the Projectproject, including the plans and specifications for the Projectproject, which are accurate, adequate, consistent, coordinated, and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby acknowledges and represents 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 Contractor 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; H. In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documentsdocuments which make up this Contract, the following shall control: 1. : - As between figures given on plans and scaled measurements, the figures shall govern; 2. - As between large scale plans and small scale plans, the large scale plans shall govern; 3. As between plans and specifications, the requirements of the specifications shall govern; 4. As between the Instructions to Bidders and plans and specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract shall govern.

Appears in 1 contract

Sources: Contract Purchase Agreement

Intent and Interpretation. A. 1. The Contract Documentsintent of this Agreement is to require complete, as described herein, constitute correct and timely execution of the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede any and all prior discussions, communications, representations, understandings, negotiations, or agreements; B. Anything Work. Any Work that may be required, implied, required implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor CONTRACTOR for the Contract Price;. C. Nothing contained in the Construction Contract 2. This Agreement is intended to be an integral whole and shall create, nor be interpreted to create, privity or as internally consistent. What is required by any other relationship whatsoever between the Owner and any person except the Contractor;one Contract Document shall be considered as required by this Agreement. D. 3. When a word, term, term or phrase is used in the Contract Documentsthis Agreement, it shall be interpreted or construed firstconstrued, 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;. E. 4. The words “include,” “includes,” or “including,” as used in the Contract Documentsthis Agreement, shall be deemed to be followed by the phrase phrase, “without limitation;.F. 5. The specification herein of any act, failure, refusal, omission, event, occurrence, or condition as constituting a material breach of the Contract Documents this Agreement 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 Agreement. 6. Words or terms used as nouns in this Agreement shall be inclusive of their singular and plural forms, unless the Contract Documents;context or their usage clearly requires a contrary meaning. G. The Contractor 7. CONTRACTOR shall have a continuing duty to read, examine, review, compare, carefully study and contrast compare each of the Contract Documents, shop drawings, the Shop Drawings and other submittals the Product Data and shall give written notice to the Owner and the Design Professional COUNTY of any conflictinconsistency, ambiguity, error, error or omission which the Contractor CONTRACTOR may find discover with respect to these documents before proceeding with the affected workWork. Reported errors, inconsistenciesThe issuance, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The the express or implied approval by the Owner COUNTY, or the Design Professional Architect and/or Engineer, of any shop drawings the Contract Documents, Shop Drawings or other submittals Product Data, shall not relieve the Contractor CONTRACTOR of the continuing duties imposed hereby, nor shall any such approval be evidence of the ContractorCONTRACTOR’s compliance with the Contract Documentsthis Agreement. 8. The Owner COUNTY has requested the Design Professional, if any, Architect and/or Engineer to only prepare documents for the Project, including the plans Drawings and specifications Specifications for the Project, which are accurate, adequate, consistent, coordinated, coordinated and sufficient for construction. HOWEVER, THE OWNER HOWEVER COUNTY MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby By the execution hereof, CONTRACTOR acknowledges and represents that it has received, reviewed, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, coordinated and sufficient for construction, and that the Contractor CONTRACTOR has not, does not, and will not rely upon any representations representation or warranties by the Owner COUNTY concerning such documents, documents as no such representations representation or warranties have been or are hereby made;. H. In 9. As between numbers and scaled measurements on the event Drawings and in the Design, the numbers shall govern; as between larger scale and smaller scale drawings, the larger scale shall govern. 10. Neither the organization of any conflict, discrepancy, or inconsistency among any of the Contract DocumentsDocuments into divisions, sections, paragraphs, articles, (or other categories), nor the following shall control: 1. As between figures given on plans and scaled measurements, the figures shall govern; 2. As between large scale plans and small scale plans, the large scale plans shall govern; 3. As between plans and specifications, the requirements organization or arrangement of the specifications Design, shall govern; 4. As between control CONTRACTOR in dividing the Instructions Work or in establishing the extent or scope of the Work to Bidders and plans and specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract shall governbe performed by subcontractors defined herein.

Appears in 1 contract

Sources: Standard Fixed Price Agreement

Intent and Interpretation. A. The Contract DocumentsWith respect to the intent and interpretation of this Contract, the Owner and the Contractor agree as described hereinfollows: 3.1.1 This Contract, together with the Contractor's and Surety's performance and payment bonds for the Project, constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements;. This Contract also supersedes any bid documents, but only to the extent that it is inconsistent therewith. B. 3.1.2 Anything that may be required, implied, implied or inferred by the Contract Documentsdocuments which make up this Contract, or any one or more of them, shall be provided by the Contractor for the Contract Price;. C. 3.1.3 Nothing contained in the Construction 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 Contractor. 3.1.4 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. 3.1.5 The Contractor 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. Each of the documents is complementary and shall be interpreted so that what is called for by one shall be as binding as if called for by all. Should the Contractor observe any conflicts, ambiguity, errors or omissions within the documents, he shall, by written notice, bring them to the Owner’s and Architect’s attention for decision and revision as soon as possible after originally observed and before proceeding with the affected Work. In the event of duplication or conflicts between the documents after the Contract has been executed, the most expensive method of work, materials and equipment shall be construed as the requirement, with a credit for all costs saved accruing to the Owner in the event the least expensive method of work is directed. The express or implied approval by the Owner or the Architect of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. The Owner has requested the Architect to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. However, the Owner makes no representation or warranty of any nature whatsoever to the Contractor concerning such documents. The Contractor again hereby acknowledges and represents that it has received, reviewed and carefully examined such documents, believes them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor 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. 3.1.6 Plans are not intended to be scaled or to act as shop drawings. 3.1.7 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up this Contract, interpretation will be based on the following priority: 3.1.7.1 First, Addenda (if any), with those of later date having precedence over those of earlier date; D. 3.1.7.2 second, this Contract; 3.1.7.3 third, Supplemental or Special Conditions (if any); 3.1.7.4 fourth, the Specifications; and, 3.1.7.5 fifth, the Plans, with the following priority: (a) As between figures given on plans and scaled measurements, the figures shall govern; (b) As between large scale plans and small scale plans, the large scale plans shall govern. 3.1.8 Whenever an item is specified or shown on the plans by detail or reference, it shall be considered typical for other items which are obviously intended to be the same even though not so designated or specifically named but do serve the same function in the building. 3.1.9 Any material specified by reference to the number, symbol, or title of a specific standard such as a Commercial Standard, a Federal Specification, a trade association standard, or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date indicated on the specifications, except as limited, or modified in such references. The standards referred to, except as modified in the Contract, shall have full force and effect as though printed in the Contract. The Contractor shall make itself aware of the contents of such standards and shall furnish the field office with one (1) full set of each. 3.1.10 If Owner elects to accept any items proposed by the Contractor as a substitution, the Contractor shall assume full responsibility for the proper performance of any substitution to the criteria set forth in the Contract and assume the costs of any changes in the Work which may be due to such substitution. 3.1.11 When a word, term, or phrase is used in the Contract Documentsthis 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;. E. 3.1.12 The words "include,” “", "includes,” ", or "including,” ", as used in the Contract Documentsthis Contract, shall be deemed to be followed by the phrase “phrase, "without limitation;". 3.1.13 Wherever the terms “necessary F. The specification herein of any act, failure“suitable”, refusal“as directed”, omission“when directed”, event“satisfactory”, occurrence“good and sufficient”, “approved”, or condition as constituting a material breach other general qualifying terms are used on the plans, they are deemed to be followed by the words “in the opinion of the Contract Documents shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrenceArchitect”, or condition shall be deemed not to constitute a material breach of the Contract Documents; G. The Contractor shall have a continuing duty to read, examine, review, compare, and contrast each of the Contract Documents, shop drawings, and other submittals and shall give written notice to the Owner and the Design Professional of any conflict, ambiguity, error, or omission which the Contractor may find with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The express or implied approval by the Owner or the Design Professional of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s compliance with the Contract Documents. The Owner has requested the Design Professional, if any, to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby acknowledges and represents 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 Contractor has not, does not, and will not rely upon any representations or warranties by the Owner concerning such documentsArchitect”, as no such representations or warranties have been or are hereby made; H. In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documents, the following shall control: 1. As between figures given on plans and scaled measurements, the figures shall govern; 2. As between large scale plans and small scale plans, the large scale plans shall govern; 3. As between plans and specifications, the requirements of the specifications shall govern; 4. As between the Instructions to Bidders and plans and specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract shall governcase may be.

Appears in 1 contract

Sources: Fixed Price Construction Contract

Intent and Interpretation. A. The Contract DocumentsWith respect to the intent and interpretation of this Contract, the Owner and the Contractor agree as described hereinfollows: (A) This Contract, together with the Contractor's and Surety's performance and payment bonds for the Project, if any, constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. This Contract also supersedes any bid documents; B. (B) Anything that may be required, implied, implied or inferred by the Contract Documentsdocuments which make up this Contract, or any one or more of them, shall be provided by the Contractor for the Contract Price; C. (C) Nothing contained in the Construction this Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person except the Contractor; D. (D) When a word, term, or phrase is used in the Contract Documentsthis 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; E. (E) The words "include,” “", "includes,” ", or "including,” ", as used in the Contract Documentsthis Contract, shall be deemed to be followed by the phrase “phrase, "without limitation"; F. (F) The specification herein of any act, failure, refusal, omission, event, occurrence, occurrence or condition as constituting a material breach of the this Contract Documents 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 the Contract Documentsthis Contract; G. (G) The Contractor shall have a continuing duty to read, examine, review, compare, compare and contrast each of the Contract Documentsdocuments which make up this Contract, shop drawings, and other submittals and shall give written notice to the Owner and the Design Professional Project Manager of any conflict, ambiguity, error, error or omission which the Contractor may find with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The express or implied approval by the Owner or the Design Professional Project Manager of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s 's compliance with the Contract Documentsthis Contract. The Owner has requested the Design Professional, if any, Project Manager to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby acknowledges and represents that it has received, reviewed, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, coordinated and sufficient for construction, and that the Contractor 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; H. (H) In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documentsdocuments which make up this Contract, the following shall control: (1. ) As between figures given on plans and scaled measurements, the figures shall govern; (2. ) As between large scale plans and small scale plans, the large scale plans shall govern; (3. ) As between plans and specifications, the requirements of the specifications shall govern; (4. ) As between this document and the Instructions to Bidders and plans and or specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract this document shall govern.

Appears in 1 contract

Sources: Construction Contract

Intent and Interpretation. A. The Contract DocumentsWith respect to the intent and interpretation of this Contract, the City and the Contractor agree as described hereinfollows: (A) This Contract, together with the Contractor’s and ▇▇▇▇▇▇’s performance in the total amount of the project cost and payment bonds for the Project, constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements;. This Contract also supersedes any bid documents not incorporated herein pursuant to Article 2. B. (B) Anything that may be required, implied, implied or inferred by the Contract Documentsdocuments which make up this Contract, or any one or more of them, shall be provided by the Contractor for the Contract Price; C. (C) Nothing contained in the Construction this Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner City and any person except the Contractor; D. (D) When a word, term, or phrase is used in the Contract Documentsthis 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; E. The words “include,” “includes,” or “including,” as used in the Contract Documents, shall be deemed to be followed by the phrase “without limitation;” F. The specification herein of any act, failure, refusal, omission, event, occurrence, or condition as constituting a material breach of the Contract Documents 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 the Contract Documents; G. (E) The Contractor shall have a continuing duty to read, examine, review, compare, compare and contrast each of the Contract Documentsdocuments which make up this Contract, shop drawings, and other submittals and shall give written notice to the Owner and the Design Professional City of any conflict, ambiguity, error, error or omission which the Contractor may find with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The express or implied approval by the Owner or the Design Professional City of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed impose hereby, nor shall any such approval be evidence of the Contractor’s compliance with the Contract Documents. The Owner has requested the Design Professional, if any, to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for constructionthis Contact. HOWEVER, THE OWNER CITY MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby acknowledges and represents that it has received, reviewed, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representations or warranties by the Owner City concerning such documents, as no such representations or warranties have been or are hereby made; H. (F) In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documentsdocuments which make up this Contract, the following shall control: (1. ) As between drawings and specifications, the specifications shall govern; (2) As between figures given on plans and scaled measurements, the figures shall govern; 2. (3) As between large scale this document and the plans and small scale plans, the large scale plans shall govern; 3. As between plans and or specifications, the requirements of the specifications shall govern; 4. As between the Instructions to Bidders and plans and specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract this document shall govern.

Appears in 1 contract

Sources: Contract Agreement

Intent and Interpretation. A. The Contract DocumentsWith respect to the intent and interpretation of this Contract, the Owner and the Contractor agree as described hereinfollows: (A) This Contract, together with the Contractor's and Surety's Payment and Performance Bonds for the Project constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. This Contract also supersedes any bid documents; B. (B) Anything that may be required, implied, implied or inferred by the Contract Documentsdocuments which make up this Contract, or any one or more of them, shall be provided by the Contractor for the Contract Price; C. (C) Nothing contained in the Construction this Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person except the Contractor; D. (D) When a word, term, or phrase is used in the Contract Documentsthis 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; E. (E) The words "include,” “", "includes,” ", or "including,” ", as used in the Contract Documentsthis Contract, shall be deemed to be followed by the phrase “phrase, "without limitation"; F. (F) The specification herein of any act, failure, refusal, omission, event, occurrence, occurrence or condition as constituting a material breach of the this Contract Documents 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 the Contract Documentsthis Contract; G. (G) The Contractor shall have a continuing duty to read, examine, review, compare, compare and contrast each of the Contract Documentsdocuments which make up this Contract, shop drawings, and other submittals and shall give written notice to the Owner and the Design Professional of any conflict, ambiguity, error, error or omission which the Contractor may find with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The express or implied approval by the Owner or the Design Professional of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s 's compliance with the Contract Documentsthis Contract. The Owner has requested the Design Professionalprepared, if anyor had someone prepare, to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby acknowledges and represents that it has received, reviewed, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, coordinated and sufficient for construction, and that the Contractor 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; H. (H) In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documentsdocuments which make up this Contract, the following shall control: (1. ) As between figures given on plans and scaled measurements, the figures shall govern; (2. ) As between large scale plans and small scale plans, the large scale plans shall govern; (3. ) As between plans and specifications, the requirements of the specifications shall govern; (4. ) As between this document and the Instructions to Bidders and plans and or specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract this document shall govern. (I) The Owner’s representative shall be the project manager.

Appears in 1 contract

Sources: Construction Contract

Intent and Interpretation. A. The Contract DocumentsWith respect to the intent and interpretation of this Contract, the Owner and the Contractor agree as described hereinfollows: (A) This Contract, together with the Contractor's and ▇▇▇▇▇▇'s performance and payment bonds for the Project, if any, constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. This Contract also supersedes any bid documents; B. (B) Anything that may be required, implied, implied or inferred by the Contract Documentsdocuments which make up this Contract, or any one or more of them, shall be provided by the Contractor for the Contract Price; C. (C) Nothing contained in the Construction this Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person except the Contractor; D. (D) When a word, term, or phrase is used in the Contract Documentsthis 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; E. (E) The words "include,” “", "includes,” ", or "including,” ", as used in the Contract Documentsthis Contract, shall be deemed to be followed by the phrase “phrase, "without limitation"; F. (F) The specification herein of any act, failure, refusal, omission, event, occurrence, occurrence or condition as constituting a material breach of the this Contract Documents 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 the Contract Documentsthis Contract; G. (G) The Contractor shall have a continuing duty to read, examine, review, compare, compare and contrast each of the Contract Documentsdocuments which make up this Contract, shop drawings, and other submittals and shall give written notice to the Owner and the Design Professional Manager of any conflict, ambiguity, error, error or omission which the Contractor may find with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The express or implied approval by the Owner or the Design Professional Manager of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s 's compliance with the Contract Documentsthis Contract. The Owner has requested the Design Professional, if any, Manager to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby acknowledges and represents that it has received, reviewed, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, coordinated and sufficient for construction, and that the Contractor 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; H. (H) In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documentsdocuments which make up this Contract, the following shall control: (1. ) As between figures given on plans and scaled measurements, the figures shall govern; (2. ) As between large scale plans and small scale plans, the large scale plans shall govern; (3. ) As between plans and specifications, the requirements of the specifications shall govern; (4. ) As between this document and the Instructions to Bidders and plans and or specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract this document shall govern.

Appears in 1 contract

Sources: Fixed Price Construction Contract

Intent and Interpretation. A. The Contract DocumentsWith respect to the intent and interpretation of this Contract, the Owner and the Contractor agree as described hereinfollows: (A) This Contract, together with the Contractor's and Surety's performance and payment bonds for the Project, if any, constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. This Contract also supersedes any bid documents; B. (B) Anything that may be required, implied, implied or inferred by the Contract Documentsdocuments which make up this Contract, or any one or more of them, shall be provided by the Contractor for the Contract Price; C. (C) Nothing contained in the Construction this Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person except the Contractor; D. (D) When a word, term, or phrase is used in the Contract Documentsthis 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; E. (E) The words "include,” “", "includes,” ", or "including,” ", as used in the Contract Documentsthis Contract, shall be deemed to be followed by the phrase “phrase, "without limitation"; F. (F) The specification herein of any act, failure, refusal, omission, event, occurrence, occurrence or condition as constituting a material breach of the this Contract Documents 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 the Contract Documentsthis Contract; G. (G) The Contractor shall have a continuing duty to read, examine, review, compare, compare and contrast each of the Contract Documentsdocuments which make up this Contract, shop drawings, and other submittals and shall give written notice to the Owner and the Design Professional Engineer of any conflict, ambiguity, error, error or omission which the Contractor may find with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The express or implied approval by the Owner or the Design Professional Engineer of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s 's compliance with the Contract Documentsthis Contract. The Owner has requested the Design Professional, if any, Engineer to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby acknowledges and represents that it has received, reviewed, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, coordinated and sufficient for construction, and that the Contractor 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; H. (H) In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documentsdocuments which make up this Contract, the following shall control: (1. ) As between figures given on plans and scaled measurements, the figures shall govern; (2. ) As between large scale plans and small scale plans, the large scale plans shall govern; (3. ) As between plans and specifications, the requirements of the specifications shall govern; (4. ) As between this document and the Instructions to Bidders and plans and or specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract this document shall govern.

Appears in 1 contract

Sources: Fixed Price Construction Contract

Intent and Interpretation. A. 1.5.1 The intent of this Contract Documentsis to require complete, as described herein, constitute correct and timely execution of the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede any and all prior discussions, communications, representations, understandings, negotiations, or agreements; B. Anything Work. Any Work that may be required, implied, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price;. C. Nothing contained in the Construction 1.5.2 This Contract is intended to be an integral whole and shall create, nor be interpreted to create, privity or as internally consistent. What is required by any other relationship whatsoever between one Contract Document shall be considered as required by the Owner and any person except the Contractor;Contract. D. 1.5.3 When a word, term, term or phrase is used in the Contract Documentsthis Contract, it shall be interpreted or construed 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;. E. 1.5.4 The words "include,” “", "includes,” ", or "including,” ", as used in the Contract Documentsthis Contract, shall be deemed to be followed by the phrase “phrase, "without limitation;”". F. 1.5.5 The word “allowance” as used in this Contract shall mean the amount budgeted for an item and shall not be interpreted or construed as an agreement by the City to pay the budgeted amount. Any amounts to be paid for those items identified as an allowance shall only be issued with the prior written approval of the City. It is further understood by the Contractor that the allowance is inclusive of overhead. 1.5.6 The specification herein of any act, failure, refusal, omission, event, occurrence, occurrence or condition as constituting a material breach of the this Contract Documents 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. 1.5.7 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the Contract Documents;context of their usage clearly requires a contrary meaning. G. 1.5.8 The Contractor shall have a continuing duty to read, examine, review, compare, carefully study and contrast compare each of the Contract Documents, shop drawings, and other submittals and shall give written notice to the Owner and the Design Professional City of any conflictinconsistency, ambiguity, error, error or omission which the Contractor may find discover with respect to these documents before proceeding with the affected workWork. Reported errors, inconsistenciesThe issuance, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The the express or implied approval by the Owner City, the City’s Representative, or the Design Professional City’s Consultant Engineer of any shop drawings or other submittals the Contract Documents shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s 's compliance with the Contract Documentsthis Contract. The Owner City has requested the Design Professional, if any, City’s Consultant Engineer to only prepare documents for the Project, including the plans and specifications Specifications for the Project, which are accurate, adequate, consistent, coordinated, coordinated and sufficient for construction. HOWEVER, THE OWNER CITY MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The By the execution hereof, the Contractor again hereby acknowledges and represents that it has received, reviewed, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representations representation or warranties by the Owner City concerning such documents, documents as no such representations representation or warranties have been or are hereby made;. The Contractor further acknowledges and represents that it has made a thorough and careful examination and inspection of existing surface conditions on the Project site, and the Contractor expressly acknowledges and agrees that it shall make no claim for additional compensation due to existing site conditions including, but not limited to, rock, surface and subsurface water, existing structures, and deficient soil, provided said conditions could be determined or ascertained from a thorough and careful examination and inspection of the site. H. 1.5.9 In the event of any conflict, discrepancy, or inconsistency among any of conflict in the Contract Documents, the following documents shall controltake precedence in the following order of precedence: 1. (a) any Change Orders; (b) the Addenda; (c) the Specifications; (d) the Drawings; (e) any Supplemental Conditions; (f) the Contract for Construction; (g) the City's Bid; (h) the Contractor’s Representations made at the Post-bid Conference; (i) the Contractor's Response As between figures given on plans numbers and scaled measurementsmeasurements on the Drawings, the figures numbers shall govern; 2. As ; as between large larger scale plans and small smaller scale plansdrawings, the large larger scale plans shall govern; 3. As between plans and specifications, the requirements of the specifications shall govern; 4. As between the Instructions to Bidders and plans and specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract shall govern. 1.5.10 Neither the organization of any of the Contract Documents into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the Design, shall control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be performed by Subcontractors. 1.5.11 Whenever the word "days" is used, it shall mean calendar days and not working days unless otherwise specified. 1.5.12 Contractor shall comply with Section 255.04, Florida Statutes, in selecting subcontractors, materials and suppliers.

Appears in 1 contract

Sources: Construction Contract

Intent and Interpretation. A. 1.5.1 The intent of this Contract Documentsis to require complete, as described herein, constitute correct and timely execution of the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede any and all prior discussions, communications, representations, understandings, negotiations, or agreements; B. Anything Work. Any Work that may be required, implied, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price;. C. Nothing contained in the Construction 1.5.2 This Contract is intended to be an integral whole and shall create, nor be interpreted to create, privity or as internally consistent. What is required by any other relationship whatsoever between one Contract Document shall be considered as required by the Owner and any person except the Contractor;Contract. D. 1.5.3 When a word, term, term or phrase is used in the Contract Documentsthis Contract, it shall be interpreted or construed 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;. E. 1.5.4 The words "include,” “", "includes,” ", or "including,” ", as used in the Contract Documentsthis Contract, shall be deemed to be followed by the phrase “phrase, "without limitation;”". F. 1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence, occurrence or condition as constituting a material breach of the this Contract Documents 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. 1.5.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the Contract Documents;context of their usage clearly requires a contrary meaning. G. 1.5.7 The Contractor shall have a continuing duty to read, examine, review, compare, carefully study and contrast compare each of the Contract Documents, shop drawings, the Shop Drawings and other submittals the Product Data and shall give written notice to the Owner and the Design Professional of any conflictinconsistency, ambiguity, error, error or omission which the Contractor may find discover with respect to these documents before proceeding with the affected workWork. Reported errors, inconsistenciesThe issuance, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The the express or implied approval by the Owner or the Design Professional Architect of any shop drawings the Contract Documents, Shop Drawings or other submittals Product Data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s 's compliance with the Contract Documentsthis Contract. The Owner has requested the Design Professional, if any, Architect to only prepare documents for the Project, including the plans Drawings and specifications Specifications for the Project, which are accurate, adequate, consistent, coordinated, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The By the execution hereof, the Contractor again hereby acknowledges and represents that it has received, reviewed, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representations representation or warranties by the Owner concerning such documents, documents as no such representations representation or warranties have been or are hereby made;. H. In 1.5.8 Neither the event organization of any conflict, discrepancy, or inconsistency among any of the Contract DocumentsDocuments into divisions, sections, paragraphs, articles, (or other categories), nor the following shall control: 1. As between figures given on plans and scaled measurements, the figures shall govern; 2. As between large scale plans and small scale plans, the large scale plans shall govern; 3. As between plans and specifications, the requirements organization or arrangement of the specifications Design, shall govern; 4. As between control the Instructions Contractor in dividing the Work or in establishing the extent or scope of the Work to Bidders and plans and specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract shall governbe performed by Subcontractors.

Appears in 1 contract

Sources: Construction Contract

Intent and Interpretation. A. 1.5.1 The intent of this Contract Documentsis to require complete, as described herein, constitute correct and timely execution of the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede any and all prior discussions, communications, representations, understandings, negotiations, or agreements; B. Anything Work. Any Work that may be required, implied, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price;. C. Nothing contained in the Construction 1.5.2 This Contract is intended to be an integral whole and shall create, nor be interpreted to create, privity or as internally consistent. What is required by any other relationship whatsoever between one Contract Document shall be considered as required by the Owner and any person except the Contractor;Contract. D. 1.5.3 When a word, term, term or phrase is used in the Contract Documentsthis Contract, it shall be interpreted or construed 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;. E. 1.5.4 The words “include,” ”, “includes,” ”, or “including,” ”, as used in the Contract Documentsthis Contract, shall be deemed to be followed by the phrase phrase, “without limitation;. F. 1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence, occurrence or condition as constituting a material breach of the this Contract Documents 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. 1.5.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the Contract Documents;context of their usage clearly requires a contrary meaning. G. 1.5.7 The Contractor shall have a continuing duty to read, examine, review, compare, carefully study and contrast compare each of the Contract Documents, shop drawings, the Shop Drawings and other submittals the Product Data and shall give written notice to the Owner and the Design Professional of any conflictinconsistency, ambiguity, error, error or omission which the Contractor may find discover with respect to these documents before proceeding with the affected workWork. Reported errors, inconsistenciesThe issuance, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The the express or implied approval by the Owner or the Design Professional Architect of any shop drawings the Contract Documents, Shop Drawings or other submittals Product Data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s compliance with the Contract Documentsthis Contract. The Owner has requested the Design Professional, if any, Architect to only prepare documents for the Project, including the plans Drawings and specifications Specifications for the Project, which are accurate, adequate, consistent, coordinated, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby acknowledges and represents 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 . 1.5.8 Neither the Contractor 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; H. In the event organization of any conflict, discrepancy, or inconsistency among any of the Contract DocumentsDocuments into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the Design, shall control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be performed by Subcontractors. 1.5.9 The contractor agrees to comply with all applicable labor laws and statues of the United States and the State of Georgia and all applicable rules, regulations, and other legal mandates of the United States Department of Labor and the Georgia Department of Labor. THE CONTRACTOR OR ANY OF THE TRADE CONTRACTORS SHALL NOT EMPLOY ANY ILLEGAL LABORERS OR WORKERS ON THE PROJECT AND ALL LABORERS AND WORKERS ON THE PROJECT SHALL HAVE SUCH DOCUMENTATION AS TO THEIR LEGAL STATUS AS REQUIRED BY LAW. The submission of an Application for Payment by the Contractor shall constitute an express certification, warranty and representation by the Contractor to the Owner that only legal and properly documented laborers and workers have been utilized by the Contractor or the Trade Contractors for the performance of any work on the Project. In the event the Owner is fined, penalized or assessed by any governmental entity as a result of any alleged or actual violation of law by the Contractor, or by any Trade Contractor, the following Contractor shall control:indemnify and hold Owner harmless from any such fine, penalty or assessment and any attorneys’ fees or costs which result therefrom. 1. As between figures given on plans and scaled measurements1.5.9.1 By signing this agreement, the figures shall govern; 2. As between large scale plans and small scale plans, the large scale plans shall govern; 3. As between plans and specifications, the requirements Contractor agrees to comply with all provisions of the specifications shall govern; 4Georgia Security and Immigration Compliance Act OCGA 13-10-90 and 13-10-91. As between the Instructions The Contractor will be required to Bidders complete Georgia Security and plans and specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract shall governImmigration Compliance documents as required by Owner.

Appears in 1 contract

Sources: Standard Form of Agreement for Bid Construction Services

Intent and Interpretation. A. The Contract Documents, as described herein, constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede any and all prior discussions, communications, representations, understandings, negotiations, or agreements; B. Anything that may be required, implied, or inferred by the Contract Documents, shall be provided by the Contractor for the Contract Price; C. Nothing contained in the this Construction Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person except the Contractor; D. When a word, term, or phrase is used in the Contract Documents, 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; E. The words “include,” “includes,” or “including,” as used in the Contract Documents, shall be deemed to be followed by the phrase “without limitation;” F. The specification herein of any act, failure, refusal, omission, event, occurrence, or condition as constituting a material breach of the Contract Documents 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 the Contract Documents; G. The Contractor shall have a continuing duty to read, examine, review, compare, and contrast each of the Contract Documents, shop drawings, and other submittals and shall give written notice to the Owner and the Design Professional Architect of any conflict, ambiguity, error, or omission which the Contractor may find with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The express or implied approval by the Owner or the Design Professional Architect of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s compliance with the Contract Documents. The Owner has requested the Design Professional, if any, Architect to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby acknowledges and represents 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 Contractor 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; H. In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documents, the following shall control: 1. As between figures given on plans and scaled measurements, the figures shall govern; 2. As between large scale plans and small scale plans, the large scale plans shall govern; 3. As between plans and specifications, the requirements of the specifications shall govern; 4. As between the Instructions to Bidders and plans and specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract shall govern.

Appears in 1 contract

Sources: Fixed Price Construction Contract

Intent and Interpretation. A. The Contract DocumentsWith respect to the intent and interpretation of this Contract, the Owner and the Contractor agree as described hereinfollows: (A) This Contract, together with the Contractor's and ▇▇▇▇▇▇'s performance and payment bonds for the Project, if any, constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. This Contract also supersedes any bid documents; B. (B) Anything that may be required, implied, implied or inferred by the Contract Documentsdocuments which make up this Contract, or any one or more of them, shall be provided by the Contractor for the Contract Price; C. (C) Nothing contained in the Construction this Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person except the Contractor; D. (D) When a word, term, or phrase is used in the Contract Documentsthis 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; E. (E) The words "include,” “", "includes,” ", or "including,” ", as used in the Contract Documentsthis Contract, shall be deemed to be followed by the phrase “phrase, "without limitation"; F. (F) The specification herein of any act, failure, refusal, omission, event, occurrence, occurrence or condition as constituting a material breach of the this Contract Documents 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 the Contract Documentsthis Contract; G. (G) The Contractor shall have a continuing duty to read, examine, review, compare, compare and contrast each of the Contract Documentsdocuments which make up this Contract, shop drawings, and other submittals and shall give written notice to the Owner and the Design Professional Architect of any conflict, ambiguity, error, error or omission which the Contractor may find with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The express or implied approval by the Owner or the Design Professional Architect of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s 's compliance with the Contract Documentsthis Contract. The Owner has requested the Design Professional, if any, Architect to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby acknowledges and represents that it has received, reviewed, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, coordinated and sufficient for construction, and that the Contractor 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; H. (H) In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documentsdocuments which make up this Contract, the following shall control: (1. ) As between figures given on plans and scaled measurements, the figures shall govern; (2. ) As between large scale plans and small scale plans, the large scale plans shall govern; (3. ) As between plans and specifications, the requirements of the specifications shall govern; (4. ) As between this document and the Instructions to Bidders and plans and or specifications, the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract this document shall govern.

Appears in 1 contract

Sources: Fixed Price Construction Contract

Intent and Interpretation. A. 3.1. The intent of the Contract Documentsis to require complete, as described herein, constitute correct and timely execution of the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede any and all prior discussions, communications, representations, understandings, negotiations, or agreements; B. Anything Work. Any Work that may be required, impliedincluding construction, labor, materials, tools, equipment and transportation, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result, shall be provided by the Contractor for the Contract Price;. C. Nothing contained in the Construction Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person except the Contractor; D. When a word, term, or phrase is used 3.2. All limits stated in the Contract Documents, it Documents are of the essence of the Contract. 3.3. The Contract is intended to be an integral whole and 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 internally consistent. What is no generally accepted meaning in the construction industry, according to its common and customary usage; E. The words “include,” “includes,” or “including,” as used in the required by any one Contract Documents, Document shall be deemed to be followed considered as required by the phrase “without limitation;”Contract. F. 3.4. The specification herein of any act, failure, refusal, omission, event, occurrence, occurrence or condition as constituting a material breach of the this Contract Documents 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 the Contract Documents;this Contract. G. 3.5. The Contractor shall have a continuing duty to read, examine, review, compare, carefully study and contrast compare each of the Contract Documents, shop drawings, and other submittals Documents and shall give written notice to the Owner and the Design Professional City Public Works Field Superintendent of any conflictinconsistency, ambiguity, errorerror or omission, or omission which the Contractor may find discover, or should have discovered, with respect to these documents before proceeding with the affected workWork. Reported errorsThe review, inconsistenciesissuance, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The the express or implied approval by the Owner City or the Design Professional City Public Works Field Superintendent of any shop drawings or other submittals the Contract Documents shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval review be evidence of the Contractor’s 's compliance with the Contract Documentsthis Contract. 3.6. The Owner City has requested prepared or caused to have prepared the Design Professional, if any, to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for constructionProject Manual. HOWEVER, THE OWNER CITY MAKES NO REPRESENTATION OR WARRANTY AS TO ACCURACY OR FITNESS FOR PARTICULAR PURPOSE INTENDED OR ANY OTHER WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The By the execution hereof, the Contractor again hereby acknowledges and represents that it has received, reviewed, reviewed and carefully examined such documents, has Tree Trimming September 2011 found them to be complete, accurate, adequate, consistent, coordinated, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representations representation or warranties by the Owner City concerning such documents, documents as no such representations representation or warranties have been made or are hereby made;. H. In 3.7. As between numbers and scaled measurements in the event Project Manual, the numbers shall govern; as between larger scale and smaller scale drawings, (e.g. 10:1 is larger than 100:1) the larger scale shall govern. 3.8. The organization of any of the Project Manual into divisions, sections, paragraphs, articles (or other categories), shall not control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be performed by Subcontractors. 3.9. The Contract Documents supersedes all previous agreements and understandings between the parties, and renders all previous agreements and understandings void relative to these Contract Documents. 3.10. Should anything be omitted from the Project Manual, which is necessary to a clear understanding of the Work, or should it appear various instructions are in conflict, discrepancyand then the Contractor shall secure written instructions from the City Public Works Field Superintendent before proceeding with the construction affected by such omissions or discrepancies. 3.11. It is understood and agreed that the work shall be performed and completed according to the true spirit, or inconsistency among any meaning, and intent of the Contract Documents. 3.12. The Contractor's responsibility for construction covered by conflicting requirements, not provided for by addendum prior to the following time of opening Bids for the work represented thereby, shall control: 1. As between figures given on plans and scaled measurements, not extend beyond the figures shall govern; 2. As between large scale plans and small scale plans, construction in conformity with the large scale plans shall govern; 3. As between plans and specifications, the requirements less expensive of the specifications said conflicting requirements. Any increase in cost of work required to be done in excess of the less expensive work of the conflicting requirements will be paid for as extra work as provided for herein. 3.13. The apparent silence of the Project Manual as to any detail, or the apparent omission from them of a detailed description concerning any point, shall govern;be regarded as meaning that only the best general practice is to be used. All interpretations of the Project Manual shall be made on the basis above stated. 43.14. As between The conditions set forth herein are general in scope and are intended to contain requirements and conditions generally required in the Instructions work, but may contain conditions or requirements which will not be required in the performance of the work under contract and which therefore are not applicable thereto. Where any stipulation or requirement set forth herein applies to Bidders any such non-existing condition, and plans and specificationsis not applicable to the work under contract, such stipulation or requirement will have no meaning relative to the Instructions to Bidders shall govern; 5. As between the Construction Contract and other Contract Documents, the Construction Contract shall governperformance of said work.

Appears in 1 contract

Sources: Construction Agreement