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.
or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or
extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a
Claim therefore as provided in paragraph 10.05.
3. CONTRACTOR shall notify the following underground utility locating service at least three full working days prior
to beginning work: Dig Safe System, Inc. DIAL 811.
Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR’s making
such final commitment; or
c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A.
C. Potential for Hazardous Materials:
protection or disposition of such property. CONTRACTOR shall furnish the ENGINEER with copies of such notifications
and with copies of any agreements between the CONTRACTOR and the property OWNER’s concerning such protection
or disposition.
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
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all.
field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or
discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER
before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER
for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR
knew or reasonably should have known thereof.
C. Defective
1. The word “defective,” when modifying the work “Work,” refers to Work that is unsatisfactory, faulty, or
deficient in that it does not conform to the Contract Documents or does not meet the requirements of any
inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged
prior to ENGINEER’s recommendation of final payment (unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05).
42. Subcontractor--An individual or entity having a direct contract with CONTRACTOR or with any other
Subcontractor for the performance of a part of the Work at the Site.
