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  2. Finance Committee - Agenda - 5/3/2016 - P93

Finance Committee - Agenda - 5/3/2016 - P93

By dnadmin on Mon, 11/07/2022 - 09:54
Document Date
Tue, 05/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 05/03/2016 - 00:00
Page Number
93
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050320…

2.No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be
effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their
subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any
such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER’s Consultants,
agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or
authority to undertake responsibility inconsistent with the provisions of the Contract Document.

3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies

1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation
applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of
any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed
with the Work affected thereby (except in an emergency as required by paragraph 6.16A) until an amendment or
supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04;
provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such
conflict, error, ambiguity, or discrepancy unless CONTRACTOR knew or reasonably should have known thereof.

2. In case of discrepancy, calculated dimensions will govern over scaled dimensions, Drawings will govern over
Standard Specifications, and Construction Specifications will govern over both Drawings and Standard
Specifications. The CONTRACTOR shall take no advantage of any apparent error or omission in the Drawings or
Construction 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.

B. Resolving Discrepancies

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions
of the Contract Documents and:

a. The provisions of any standard, specification, manual, code, or instruction (whether or not specifically
incorporated by reference in the Contract Documents); or

b. The provisions of any Laws or Regulations applicable to the performance of the Work (unless such an
interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

3.04 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify
the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment, or (ii) a Change Order;
order B. The requirements of the Contract Documents may be supplemented and minor variations and deviations in
the Work may be authorized, by one of more of the following ways: (i) a Field Order; (ii) ENGINEER’s approval of a
Shop Drawing or Sample; or (iii) ENGINEER’s written interpretation or clarification.

3.05 Reuse of Documents

A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the
Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any
of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of
ENGINEER or ENGINEER’s Consultant, including electronic media editions. This prohibition will survive final payment,
completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude
CONTRACTOR from retaining copies of the Contract Documents for record purposes.

GC - 10 of 53

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Finance Committee - Agenda - 5/3/2016 - P93

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