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43. Specifications --That part of the Contract
<br />Documents consisting of written requirements for
<br />materials, equipment, systems, standards and
<br />workmanship as applied to the Work, and certain
<br />administrative requirements and procedural matters
<br />applicable thereto.
<br />44. Subcontractor --An individual or entity having a
<br />direct contract with Contractor or with any other
<br />Subcontractor for the performance of a part of the Work
<br />at the Site.
<br />45. Substantial Completion --The time at which the
<br />Work (or a specified part thereof) has progressed to the
<br />point where, in the opinion of Engineer, the Work (or a
<br />specified part thereof) is sufficiently complete, in
<br />accordance with the Contract Documents, so that the
<br />Work (or a specified part thereof) can be utilized for the
<br />purposes for which it is intended. The terms "substantially
<br />complete" and "substantially completed" as applied to all
<br />or part of the Work refer to Substantial Completion
<br />thereof.
<br />46. Successful Bidder --The Bidder submitting
<br />responsive Bid to whom Owner makes an award.
<br />47. Supplementary Conditions --That part of the
<br />Contract Documents which amends or supplements these
<br />General Conditions.
<br />48. Supplier --A manufacturer, fabricator, supplier,
<br />distributor, materialman, or vendor having a direct
<br />contract with Contractor or with any Subcontractor to
<br />furnish materials or equipment to be incorporated in the
<br />Work by Contractor or any Subcontractor.
<br />49. Underground Facilities --All underground
<br />pipelines, conduits, ducts, cables, wires, manholes, vaults,
<br />tanks, tunnels, or other such facilities or attachments, and
<br />any encasements containing such facilities, including
<br />those that convey electricity, gases, steam, liquid
<br />petroleum products, telephone or other communications,
<br />cable television, water, wastewater, storm water, other
<br />liquids or chemicals, or traffic or other control systems.
<br />50. Unit Price Work --Work to be paid for on the
<br />basis of unit prices.
<br />51. Work --The entire construction or the various
<br />separately identifiable parts thereof required to be
<br />provided under the Contract Documents. Work includes
<br />and is the result of performing or providing all labor,
<br />services, and documentation necessary to produce such
<br />construction, and furnishing, installing, and incorporating
<br />all materials and equipment into such construction, all as
<br />required by the Contract Documents.
<br />52. Work Change Directive --A written statement to
<br />Contractor issued on or after the Effective Date of the
<br />Agreement and signed by Owner and recommended by
<br />Engineer ordering an addition, deletion, or revision in the
<br />Work, or responding to differing or unforeseen subsurface
<br />or physical conditions under which the Work is to be
<br />performed or to emergencies. A Work Change Directive
<br />will not change the Contract Price or the Contract Times
<br />but is evidence that the parties expect that the change
<br />ordered or documented by a Work Change Directive will
<br />be incorporated in a subsequently issued Change Order
<br />following negotiations by the parties as to its effect, if
<br />any, on the Contract Price or Contract Times.
<br />1.02 Terminology
<br />A. The following words or terms are not defined but,
<br />when used in the Bidding Requirements or Contract
<br />Documents, have the following meaning.
<br />B. Intent of Certain Terms or Adjectives
<br />1. The Contract Documents include the terms "as
<br />allowed," "as approved," "as ordered", "as directed"
<br />or terms of like effect or import to authorize an
<br />exercise of professional judgment by Engineer. In
<br />addition, the adjectives "reasonable," "suitable,"
<br />"acceptable," "proper," "satisfactory,"
<br />or adjectives
<br />of like effect or import are used to describe an action
<br />or determination of Engineer as to the Work. It is
<br />intended that such exercise of professional judgment,
<br />action or determination will be solely to evaluate, in
<br />general, the Work for compliance with the require-
<br />ments of and information in the Contract Documents
<br />and conformance with the design concept of the com-
<br />pleted Project as a functioning whole as shown or
<br />indicated in the Contract Documents (unless there is
<br />a specific statement indicating otherwise). The use of
<br />any such term or adjective is not intended to and shall
<br />not be effective to assign to Engineer any duty or
<br />authority to supervise or direct the performance of
<br />the Work or any duty or authority to undertake
<br />responsibility contrary to the provisions of Paragraph
<br />9.09 or any other provision of the Contract
<br />Documents.
<br />C. Day
<br />1. The word "day"
<br />hours measured
<br />midnight.
<br />D. Defective
<br />means a calendar day of 24
<br />from midnight to the next
<br />1. The word "defective," when modifying the word
<br />"Work," refers to Work that is unsatisfactory,
<br />faulty, or deficient in that it:
<br />a. does not conform to the Contract Documents,
<br />or
<br />b. does not meet the requirements of any
<br />applicable inspection, reference standard, test, or
<br />EJCDC C•700 Standard General Conditions of the Construction Contract.
<br />Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700-8
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