Strict Compliance with the Contract Documents. All Work performed by Design/Builder shall be in strict compliance with the Contract Documents, unless deviation from strict compliance has been approved by Owner. “Substantial compliance” is not strict compliance. Any Work not in strict compliance with the Contract Documents is defective.
Strict Compliance with the Contract Documents. VII.3 ALL CONSTRUCTION WORK PERFORMED BY DESIGN-BUILDER SHALL BE IN STRICT COMPLIANCE WITH THIS CONTRACT. “SUBSTANTIAL COMPLIANCE” IS NOT STRICT COMPLIANCE. ANY CONSTRUCTION WORK NOT IN STRICT COMPLIANCE WITH THE CONTRACT IS DEFECTIVE STRICT COMPLIANCE SHALL BE WORK THAT IS NEARLY EQUIVOCAL TO THE CONTRACT REQUIREMENTS, VARYING ONLY IN VERY MINOR AND IMMATERIAL RESPECTS.DESIGN-BUILDER'S BASELINE CONSTRUCTION SCHEDULE. Pursuant to ARTICLE I.2.5 of City’s General Conditions for Design/Build Contracts, Design-Builder, within ten (10) days prior to City’s issuance of the initial Notice to Proceed for construction, shall submit to City its Baseline Construction Schedule, Preliminary Schedule of Shop Drawing and Sample Submittals and its Preliminary/Baseline Schedule of Values for all of the Work, which shall constitute Design-Builder’s schedule for completing the Construction Work by the Scheduled Completion Date. The Baseline Construction Schedule shall reflect the performance of all Construction Work on weekdays and non-holidays. The Baseline Construction Schedule shall be a detailed critical path management (“CPM”) schedule in a form acceptable to City. Per ARTICLE III.10 of City’s General Conditions for Design/Build Contracts herein, the Construction Progress Schedule and successive updates shall be revised at minimum monthly and shall be revised to reflect conditions encountered from time to time and shall be related to the entire Project. Each such Construction Progress Schedule revision shall be furnished to City. Strict compliance with the requirements of this Paragraph shall be a condition precedent for payment to Design-Builder, and failure to strictly comply with said requirements shall constitute a material breach of the Contract. City, without Design-Builder’s concurrence and at City’s option, may withhold any payment to Design-Builder for any fees due and owing Design-Builder until Design-Builder submits its monthly Construction Progress Schedule. No claim for an increase in the GMP or Fixed Price Proposal, as applicable, shall be allowed as a result of Design-Builder basing the GMP/Fixed Price Proposal upon an early completion schedule or as a result of delays and costs attributable to completion later than the planned early completion date.
