General Terms and Conditions
ARTICLE 5 —- GENERAL PROVISIONS
1. The Contract represents the entire and integrated agreement between the parties and supersedes
prior negotiations, representations or agreements, either written or oral. The Contract may be
amended or modified only by a written modification.
2. The term “Work” means the construction and services required by the Contract Documents, and
include all other labor, materials, equipment and services provided by the Contractor to fulfill the
Contractor’s obligations.
3, The intent of the Contract Documents is to include all items necessary for the proper execution and
completion of the Work by the Contractor. The Contract Documents are complementary, and what
is required by one shall be as binding as if required by all.
4. In the case of a discrepancy, calculated dimensions will govern over scaled dimensions, Contract
Drawings will govern over Standard Specifications, and Technical Specifications will govern over
both Contract Drawings and Standard Specifications. In the case of a discrepancy between the
Agreement and other Contract Documents, the more specific or stringent obligation or requirement
to the benefit of the Owner shall take precedence.
5. The Contractor shall take no advantage of any apparent error or omission in the Contract Drawings
or Technical Specifications, and the Engineer will be permitted to make such corrections and
interpretations as may be deemed necessary to fulfill the intent of the Contract Documents.
ARTICLE 6 —- OWNER
1. Except for permits and fees, which are the responsibility of the Contractor under the Contract
Documents, the Owner shall obtain and pay for other necessary approvals, easements, assessments
and charges.
2. Ifthe Contractor fails to correct Work that is not in accordance with the Contract Documents, the
Owner may direct the Contractor in writing to stop the Work until the correction is made.
3. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract
Documents and fails within a seven day period after receipt of written notice from the Owner to
correct such default or neglect with diligence and promptness, the Owner may, without prejudice to
’ other remedies, correct such deficiencies. In such case, a Change Order shall be issued deducting
the cost of correction from payments due the Contractor.
4. The Owner reserves the right to perform construction or operations related to the project with the
Owner’s own forces, and to award separate contracts in connection with other portions of the
project.
The Contractor shall coordinate and cooperate with separate Contractors employed by the Owner.
6. Costs caused by delays or by improperly timed activities or defective construction shall be borne by
the responsible party.
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ARTICLE 7 - CONTRACTOR
1. Execution of the Contract by the Contractor is a representation that the Contractor has visited the
site, become familiar with local conditions under which the Work is to be performed and correlated
personal observations with requirements of the Contract Documents.
2. The Contractor shall carefully study and compare the Contract Documents with each other and with
information furnished by the Owner. Before commencing activities, the Contractor shall: (1) take
field measurements and verify field conditions; (2) carefully compare this and other information
known to the Contractor with the Contract Documents; and (3) promptly report errors,
inconsistencies or omissions discovered to the Owner.
3. The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention.
The Contractor shall be solely responsible for and have control over construction means, methods,
techniques, sequences and procedures, and for coordinating all portions of the Work.
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