Common use of Plans & Specifications Clause in Contracts

Plans & Specifications. The Contract Documents are incorporated in this Subcontract Agreement by reference, and Subcontractor is bound by the Contract Documents insofar as they relate in any way, directly or indirectly, to the work covered by this Subcontractor Agreement. With respect to Subcontractor’s Scope of Work, Subcontractor agrees to be bound to Contractor in the same manner and to the same extent as Contractor is bound to Owner under the terms of the General Contract. Where, in the Contract Documents, reference is made to Contractor, and the work or specifications therein pertain to Subcontractor’s trade, craft or type of work, such work or specifications shall be interpreted to apply to Subcontractor instead of to Contractor. Contractor shall have the benefit of all rights and remedies against Subcontractor which the Owner, by the Contract Documents, has against the Contractor, insofar as is applicable to this Subcontract: provided that where any provision of the Contract Documents between the Owner and the Contractor could be interpreted to provide the Contractor with rights against the Subcontractor less than or more limited than those provided in favor of the Contractor in this Subcontract Agreement, this Subcontract Agreement shall govern. This Subcontract Agreement and the General Contract shall be read together so that under no circumstances, with respect to the Subcontractor’s work, shall Subcontractor’s obligations to Contractor be less than the Contractor’s obligations to Owner. If a conflict in the Subcontractor documents is discovered, then the most strict interpretation or the most costly interpretation shall prevail unless waived by Contractor. Prior to execution of this Subcontract Agreement, copies of the General Contract (including the contract documents incorporated therein) and the Site Specific Safety Plan were made available by Contractor for Subcontractor’s inspection at the Contractor’s office, and Subcontractor has had the opportunity to review all of the Contract Documents. Subcontractor enters into this Subcontract Agreement with full knowledge of the requirements set forth therein. This Subcontract constitutes the final and complete agreement between Contractor and Subcontractor and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to the subject matter of this Subcontract.

Appears in 2 contracts

Sources: Subcontract Agreement, Subcontract Agreement