F. CONTRACTOR shall be responsible for the damage or destruction of property of any character resulting from
neglect, misconduct, or omission in its manner or method of execution or the non-execution of the work, or caused by
defective work or the use of unsatisfactory materials, and such responsibility shall not be released until the work shall
have been completed and accepted and the requirements of the Construction Specifications complied with.
G. Whenever public or private property is so damaged or destroyed, the CONTRACTOR shall at its own expense,
restore such property to a condition equal to that existing before such damage or injury was done by repairing,
rebuilding, or replacing it as may be directed, or the CONTRACTOR shall otherwise make good such damage or
destruction in an acceptable manner. If the CONTRACTOR fails to do so, the ENGINEER may, after giving the
CONTRACTOR notice in writing, proceed to repair, rebuild, or otherwise restore such property as may be deemed
necessary, and the cost thereof shall be deducted from any compensation due, or which may become due, the
CONTRACTOR under its Contract.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings:
1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER
has used in preparing the Contract Documents; and
2. Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous
to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents.
B. Limited Reliance by CONTRACTOR on Technical Data Authorized:
CONTRACTOR may rely upon the general accuracy of the “technical data” contained in such reports and drawings,
but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary
Conditions. Except for such reliance on such “technical data,” CONTRACTOR may not rely upon or make any Claim
against OWNER, ENGINEER, or any of ENGINEER’s Consultants with respect to:
1. The completeness of such reports and drawings for CONTRACTOR’s purposes, including, but not limited to,
any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, and safety precautions and programs incident thereto; or
2. Other data, interpretations, opinions, and information contained in such reports or shown or indicated in such
drawings; or
3. Any CONTRACTOR interpretation of or conclusion drawn from any “technical data” or any such other data,
interpretations, opinions, or information.
C. Potential for Hazardous Materials:
Work may include excavation through, and removal of, soils potentially containing undocumented asbestos-containing
or other hazardous materials. Should the CONTRACTOR, while performing work under this Contract, uncover
hazardous materials, as defined in federal, state and local regulations, he/she shall immediately notify the Engineer.
No further disturbance of the area shall occur until the Engineer has collected and analyzed a representative sample of
the suspected material. The area shall be cordoned off and covered with 6-mil polyethylene sheeting and await further
directions from the Engineer.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If CONTRACTOR believes that any subsurface or physical conditions at or contiguous to the Site that is
uncovered or revealed either:
GC - 12 of 54
