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.
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.
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 al.
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.
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.
If the 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.
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.
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.
Costs caused by delays or by improperly timed activities or defective construction shall be
borne by the responsible party.
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.
The Contractor shall carefully study and compare the Contract Documents with each other
and with information furnished by the Owner. Before commencing activities, the
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