|
ARTICLE 3 CONTRACTOR
<br /> § 3. 1 GENERAL
<br /> § 3. 1 . 1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the
<br /> Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor' s
<br /> authorized representative .
<br /> § 3. 1 .2 The Contractor shall perform the Work in accordance with the Contract Documents.
<br /> § 3.1 .3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract
<br /> Documents either by activities or duties of the Architect in the Architect' s administration of the Contract or by tests,
<br /> inspections or approvals required or performed by persons other than the Contractor.
<br /> §-3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
<br /> § 3.2. 1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor
<br /> shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the
<br /> Work, as well as the information furnished by the Owner pursuant to Section 2 . 2. 3 , shall take field measurements of
<br /> any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it.
<br /> These obliga4ions are for- the purpese of faeflitating eenstr-uetien by the GentFaeter- and are not for- the pu pose Of
<br /> diseeveffi..O .. errors, sie>,inconsistencies or omissions in the Contract ;
<br /> hewever-, any eEEOFS,i Documents discovered by the Contractor shall be reported
<br /> promptly to the Architect and the Owner as a request for information in such form as the Architect or the Owner
<br /> may require .
<br /> § 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the
<br /> Architect and the " F^h' Owner in writing, but it is recognized that the meter's Contractor' s review is made
<br /> in the Contractor's ontractor's capacity as a contractor and not as a licensed design professional unless otherwise
<br /> specifically provided in the Contract Documents . 'YriPWhile the Contractor is not required to ascertain that the
<br /> Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rul s and
<br /> regulations, but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the
<br /> " - :Architect andtheOwner in writing.
<br /> § 3.2.3 If the Contractor`believes that additional cost or time is involved because of clarifications or instn ctions
<br /> issued by the Architect in response to the Contractor' s notices or requests for information pursuant to Sections 3 . 2 . 1
<br /> and 3 .2.2, the Contractor shall make Claims as provided in Sections 4 . 3 . 6 and 4.3 .7 . If the Contractor fails to
<br /> perform theobligations of Sections 3 .2. 1 and 3 .2 .2, the Contractor shall pay such costs and damages tote Owner as
<br /> would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the
<br /> Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or
<br /> for differences between field measurements or conditions and the Contract Documents unless the Contra4 for
<br /> recognized or, in the exercisers of ordinary care, reasonably should have recognized such error, inconsister cy,
<br /> omission or difference and knowingly failed to report it in writing to the Afe4iteet Architect and the Owr er.
<br /> § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
<br /> § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor' s best skill and attention! The
<br /> Contractor shall be solely responsible for and have control over construction means, methods, techniquesp sequences
<br /> and procedures and for coordinating all portions of the Work under the Gentfaet, unless the C@ntraet D
<br /> give other- speeifie instruetions eeneefning these matters. if the Gentfaet Doeuments give speeifin instri
<br /> jobsite safety thereof and, eKeept as stated below, shall be fully and solely responsible fer- - f such
<br /> teehniques, sequenees er pr-eeedur-es may not be safe, the Gentfaetef shall give fifnely wr-iu E Elie ta
<br /> and Arehitect and shall not pr-oeeed with that per-tion of the Work %rithout fufther- written instfuctions fro*,-"
<br /> resulting less ef a ^ . Contract.
<br /> § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor, Contractor' s
<br /> employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the
<br /> Work for or on behalf of the Contractor or any of its Subcontractors .
<br /> AIA Document A201TM — 1997. Copyright ® 1911 , 191511918* 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The
<br /> American Institute of Architects. All rights reserved. WARNING : This AIA* Document is protected by U.S. Copyright Law and International Treaties.
<br /> 13
<br /> Unauthorized reproduction or distribution of this AIA'* Document, or any portion of it, may result In severe civil and criminal Penalties, and will
<br />be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:00:02 on 04/19/2006 under Order
<br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale.
<br /> User Notes: (1205244124)
<br /> f�
<br />
|