2.CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if:
a. CONTRACTOR knew of the existence of such conditions at the tme CONTRACTOR made a final
commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or
becoming bound under a negotiated contract: 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:
D. If corporate or private property interferes with the Work, CONTRACTOR shall notify, in writing, the
OWNER’s of such property, advising them of the nature of the interference and shall arrange to cooperate with
them for the 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.
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.
27. Milestone--A principal event specified in the Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of all the Work.
28. Notice of Award--The written notice by OWNER to the apparent successful bidder stating that upon
timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER
will sign and deliver the Agreement.
Change Orders, Field Orders, and ENGINEER’s written interpretations and clarifications issued on or after
the Effective Date Of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface
and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this
paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that
may be furnished by OWNER to CONTRACTOR are not Contract Documents.
