Common use of Request for Clarification Clause in Contracts

Request for Clarification. The Contractor may request that the Province agree that a particular design element or construction specification complies with the Project Requirements, and if the Province so agrees then such design element or construction specification shall be deemed to comply with the Project Requirements. However, the Province must consider such a request only where: (a) the request is in relation to a specific design element or construction specification; (b) the pertinent Project Requirements are capable of differing interpretations in relation to the specific design element or construction specification; (c) the Contractor has established that it would be exposed to significant risk of material expense or delay if its interpretation of the pertinent Project Requirements ultimately proved to be incorrect; and (d) the Contractor has not made multiple or generalized requests under this Section such that in the reasonable opinion of the Province the Contractor is attempting to use this Section to transfer to the Province all or partial responsibility for ensuring that the Project meets the Project Requirements.

Request for Clarification. ‌ The Contractor may request that the Province agree that a particular design element or construction specification complies with the Project Requirements, and if the Province so agrees then such design element or construction specification shall be deemed to comply with the Project Requirements. However, the Province must consider such a request only where: (a) the request is in relation to a specific design element or construction specification; (b) the pertinent Project Requirements are capable of differing interpretations in relation to the specific design element or construction specification; (c) the Contractor has established that it would be exposed to significant risk of material expense or delay if its interpretation of the pertinent Project Requirements ultimately proved to be incorrect; and (d) the Contractor has not made multiple numerous or generalized requests under this Section such that in the reasonable opinion of the Province the Contractor is attempting to use this Section to transfer to the Province all or partial responsibility for ensuring that the Project meets the Project Requirements. The Province will respond to requests from the Contractor under this Section 5.4 within five Business Days of receipt of the Contractor’s written request.

Request for Clarification. The Contractor may request that the Province agree that a particular design element or construction specification complies with the Project Requirements, and if the Province so agrees then such design element or construction specification shall be deemed to comply with the Project Requirements. However, the Province must consider such a request only where: (a) the request is in relation to a specific design element or construction specification; (b) the pertinent Project Requirements are capable of differing interpretations in relation to the specific design element or construction specification; (c) the Contractor has established that it would be exposed to significant risk of material expense or delay if its interpretation of the pertinent Project Requirements ultimately proved to be incorrect; and (d) the Contractor has not made multiple numerous or generalized requests under this Section such that in the reasonable opinion of the Province the Contractor is attempting to use this Section to transfer to the Province all or partial responsibility for ensuring that the Project meets the Project Requirements. The Province will respond to requests from the Contractor under this Section 5.4 within five Business Days of receipt of the Contractor’s written request.

Request for Clarification. ‌ The Contractor may request that the Province agree that a particular design element or construction specification complies with the Project Requirements, and if the Province so agrees then such design element or construction specification shall be deemed to comply with the Project Requirements. However, the Province must consider such a request only where: (a) the request is in relation to a specific design element or construction specification; (b) the pertinent Project Requirements are capable of differing interpretations in relation to the specific design element or construction specification; (c) the Contractor has established that it would be exposed to significant risk of material expense or delay if its interpretation of the pertinent Project Requirements ultimately proved to be incorrect; and (d) the Contractor has not made multiple or generalized requests under this Section such that in the reasonable opinion of the Province the Contractor is attempting to use this Section to transfer to the Province all or partial responsibility for ensuring that the Project meets the Project Requirements.