Common use of Variance of Conditions Clause in Contracts

Variance of Conditions. 3.3.1 If the Contractor believes that any conditions met by it are at variance with the conditions shown by the Contract Documents, that there is any conflict, error, discrepancy or omission in the Contract Documents, or that any instructions given by the County are at variance with the Contract Documents, it shall notify the County in writing within seventy-two (72) hours of the discovery of such conflict, variance, error, discrepancy, or omission, specifying the same. No Work affected by such conflict, variance, error, discrepancy, or omission shall be done, except in the case of emergency endangering life or property, which would result in a claim by the Contractor for extra compensation until the question has been resolved as herein specified and in accordance with the Construction Contract. The Contractor shall, however, proceed with other Work not in question or affected thereby and not deemed by it to entitle it to extra compensation. The performance by the Contractor of Work affected by the conflict, variance, discrepancy, error, or omission without giving notice within the time above specified or after such notice and before the resolution of the question shall be deemed an acknowledgment by the Contractor that no extra cost is involved, and that if inappropriate, the Work so performed will be removed and replaced with proper Work, and shall constitute an absolute waiver of any claim for extra compensation resulting therefrom.

Variance of Conditions. 3.3.1 A. If the Contractor contractor believes that any conditions met by it are at variance with the conditions shown by the Contract Documentscontract documents, that there is any conflict, error, discrepancy or omission in the Contract Documentscontract documents, or that any instructions given by the County architect/engineer are at variance with the Contract Documentscontract documents, it shall notify the County architect/engineer, in writing within seventy-two (72) hours of the discovery of such conflict, variance, error, discrepancy, or omission, specifying the same. No Work work affected by such conflict, variance, error, discrepancy, or omission shall be done, except in the case of emergency endangering life or property, which would result in a claim by the Contractor contractor for extra compensation until the question has been resolved as herein specified and in accordance with the Construction Contractspecified. The Contractor contractor shall, however, proceed with other Work work not in question or affected thereby and not deemed by it to entitle it to extra compensation. The performance by the Contractor contractor of Work work affected by the conflict, variance, discrepancy, error, or omission without giving notice within the time above specified or after such notice and before the resolution of the question shall be deemed an acknowledgment by the Contractor contractor that no extra cost is involved, and that if inappropriate, the Work work so performed will be removed and replaced with proper Workwork, and shall constitute an absolute waiver of any claim for extra compensation resulting therefrom.

Variance of Conditions. 3.3.1 A. If the Contractor believes that any conditions met by it are at variance with the conditions shown by the Contract Documents, that there is any conflict, error, discrepancy or omission in the Contract Documents, or that any instructions given by the County Engineer are at variance with the Contract Documents, it shall notify the County Engineer, in writing writing, within seventySeventy-two (72) hours of the discovery of such conflict, variance, error, discrepancy, discrepancy or omission, omission specifying the same. No Work affected by such conflict, variance, error, discrepancy, discrepancy or omission shall be done, except in the case of emergency endangering life or property, which would result in a claim by the Contractor CONTRACTOR for extra compensation until the question has been resolved as herein specified and in accordance with the Construction Contractspecified. The Contractor CONTRACTOR shall, however, proceed with other Work not in question or affected thereby and not deemed by it to entitle it to extra compensation. The performance by the Contractor CONTRACTOR of Work affected by the conflict, variance, discrepancy, error, error or omission without giving notice within the time above specified or after such notice and before the resolution of the question shall be deemed an acknowledgment by the Contractor CONTRACTOR that no extra cost is involved, and that if inappropriate, the Work so performed will be removed and replaced with proper Work, and shall constitute an absolute waiver of any claim for extra compensation resulting therefromthere from.