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  2. Finance Committee - Agenda - 5/3/2016 - P112

Finance Committee - Agenda - 5/3/2016 - P112

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
112
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050320…

3. At the time of each submittal, CONTRACTOR shall give ENGINEER specific written notice of such variations, if
any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such
notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation
to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such
variation.

E. ENGINEER’s Review

1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of
Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER’s review and approval will be only to
determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the
information given in the Contract Documents and be compatible with the design concept of the completed Project
as a functioning whole as indicated by the Contract Documents.

2.ENGINEER’s review and approval will not extend to means, methods, techniques, sequences, or procedures of
construction (except where a particular means, method, technique, sequence, or procedure of construction is
specifically and expressly called for the Contract Documents) or to safety precautions or programs incident thereto.
The review and approval of a separate item as such will not indicate approval of the assembly in which the item
functions.

3. ENGINEER’s review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in
writing called ENGINEER’s attention to each such variation at the time of each submittal as required by paragraph
6.17.D.3 and ENGINEER has given written approval of each such variation by specific written notation thereof
incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER
relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1.

F. Resubmittal Procedures

1. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of
corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR
shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous
submittals.

6.18 Continuing the Work

A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as
permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing.

6.19 CONTRACTOR’s General Warranty and Guarantee

A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER’s Consultants that all Work will
be in accordance with the Contract Documents and will not be defective. CONTRACTOR’s warranty and guarantee

hereunder excludes defects or damage caused by:

1. Abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR,
Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or

2. Normal wear and tear under normal usage.
B. CONTRACTOR’s obligation to perform and complete the Work in accordance with the Contract Documents shall be
absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract

Documents or a release of CONTRACTOR’s obligation to perform the Work in accordance with the Contract
Documents:

GC - 29 of 53

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Finance Committee - Agenda - 5/3/2016 - P112

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