Common use of Site Investigation and Representation Clause in Contracts

Site Investigation and Representation. XXXX acknowledges satisfaction as to the nature and location of the work; the general and local conditions, particularly those bearing upon availability of transportation and access to the site; disposal, handling and storage of materials; availability of labor, water, electric power, telephone, and roads; uncertainties of weather or physical conditions at the site; the conditions of the ground; the character of equipment and facilities needed prior to and during the performance of the work; and all matters that can in any way affect the work or the cost thereof under this Contract. XXXX further acknowledges satisfaction as to character, quality, and quantity of surface and subsurface materials to be encountered from XXXX'x inspection of the site and from reviewing any available records of exploratory work furnished by Owner or included in the Contract Documents. Failure by XXXX to become acquainted with the physical conditions of the site and all the available information will not relieve XXXX from responsibility for properly estimating the difficulty or cost of successfully performing the work. XXXX warrants that as a result of examination and investigation of all the above-described data, XXXX can perform the work in a good and workmanlike manner and to the satisfaction of Owner. Owner assumes no responsibility for any representations made by any of its officers or agents during or prior to the execution of the Contract unless: (1) such representations are expressly stated in the Contract Documents; and (2) the Contract Documents expressly provides that the responsibility therefore is assumed by Owner.

Appears in 4 contracts

Samples: Construction Manager at Risk Construction Contract, Risk Construction Agreement, Construction Manager at Risk Construction Contract

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Site Investigation and Representation. XXXX acknowledges satisfaction as to the nature and location of the work; the general and local conditions, particularly those bearing upon availability of transportation and access to the site; disposal, handling and storage of materials; availability of labor, water, electric power, telephone, and roads; uncertainties of weather or physical conditions at the site; the conditions of the ground; the character of equipment and facilities needed prior to and during the performance of the work; and all matters that can in any way affect the work or the cost thereof under this Contract. XXXX further acknowledges satisfaction as to character, quality, and quantity of surface and subsurface materials to be encountered from XXXX'x inspection of the site and from reviewing any available records of pre-construction exploratory work furnished by Owner or XXXX included in the Contract Documents. Failure by XXXX to become acquainted with the physical conditions of the site and all the available information will not relieve XXXX from responsibility for properly estimating the difficulty or cost of successfully performing the work. XXXX warrants that as a result of examination and investigation of all the above-described data, XXXX can perform the work in a good and workmanlike manner and to the satisfaction of Owner. Owner assumes no responsibility for any representations made by any of its officers or agents during or prior to the execution of the Contract unless: (1) such representations are expressly stated in the Contract Documents; and (2) the Contract Documents expressly provides that the responsibility therefore is assumed by Owner.

Appears in 1 contract

Samples: Model Contract

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