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: (1) a Written Amendment, or (11) 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;
(qi) 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.
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
4.01 Availability of Lands
A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions
not of general application but specifically related to use of the Site with which CONTRACTOR must comply in
performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or
permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to
or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result
of any delay in OWNER’s fumishing the Site, CONTRACTOR may make a Claim therefore as provided in
paragraph 10.05.
B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed and OWNER’s interest
therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in
accordance with applicable Laws and Regulations.
C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary
construction facilities or storage of materials and equipment.
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