38.
39.
AO.
C-1.26
37.1 Prior to issuing the Notice to Proceed, the Owner shall legally obtain all lands and
rights-of-way necessary for carrying out and completing the work to be performed under
this contract.
37.2. The Contractor shall not (except after written consent from the Owner) enter or
occupy with men, tools, materials, or equipment, any land outside the rights-of-way or
property of the Owner. A copy of the written consent shall be given to the Engineer.
37.3. The Owner shall provide to the Contractor information which delineates and
describes the lands owned and the rights-of-way acquired.
37.4 The Contractor shall provide at its own expense and without liability to the Owner
any additional land and access thereto that the Contractor may desire for temporary
construction facilities, or for storage of materials.
General Guarantee. With reference to warranties, neither the final certificate of payment
nor any provision in the contract documents, nor partial or entire occupancy of the
premises by the Owner, shall constitute an acceptance of work not done in accordance
with the contract documents or relieve the Contractor of liability in respect to any express
watranties or responsibility for faulty materials or workmanship. The Contractor shall
remedy any defects in the work and pay for any damage to other work resulting
therefrom, which appear within the warranty period one year or longer if required by the
contract, from the certified date of completion or substantial completion of the work. The
Owner will give notice of observed defects within two working days of their discovery.
Errors and Inconsistencies. With reference to errors and inconsistency in contract
documents, any provisions in any of the contract documents which may be in conflict
with the paragraphs in these general conditions shall be subject to the following order of
precedence for interpretation:
39.1 Drawings will govern technical specifications.
39.2 General conditions will govern drawings and technical specifications.
39.3. Supplemental general conditions will govern general conditions, drawings and
technical specifications.
39.4 Special conditions will govern supplemental general conditions, general
conditions, drawings and technical specifications.
39.5. The Contractor shall take no advantage of any apparent error or omission in the
plans or specifications. In the event the Contractor discovers such an error or omission,
he shall notify the Engineer. The Engineer will then make such corrections and
interpretations as may be deemed necessary for fulfilling the intent of the plans and
specifications.
39.6 Figure dimensions on Drawings shall govern over general drawings.
Notice and Service Thereof. Any notice to the Contractor from the Owner relative to any
part of this contract will be in writing and will be considered delivered and the service
completed, when said notice is mailed, by certified registered mail, to the Contractor at
