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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 obligations afefOF the pur-pese ef f6eilitating eenstfuefieft by the C=enlfaeter- and afe net for- the purpose e
<br /> diseevefieg-Anyn �� errors, e�issiexs;inconsistencies or ineansisteneies omissions in the Contract Dee�ent�
<br /> hewe' ver steno es o 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 A r '-, -Owner in writing, but it is recognized that the Centraeter' s review is made
<br /> in the r'�te;='TContractor ' s capacity as a contractor and not as a licensed design professional unless otherwise
<br /> specifically provided in the Contract Documents . The-While the Contractor is not required to ascertain that the
<br /> Contract Documents are in accordance with applicable laws, statutes, ordinances , building codes, and rules and
<br /> regulations, but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the
<br /> Architect and the A= rehitect.Owner in writing.
<br /> § 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions
<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 the obligations of Sections 3 . 2 . 1 and 3 . 2 .2, the Contractor shall pay such costs and damages to the 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 Contractor
<br /> recognized or, in the exercise of ordinary care, reasonably should have recognized such error, inconsistency,
<br /> omission or difference and knowingly failed to report it in writing to the Architect and the A r-� �teet.Owner.
<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, techniques, sequences
<br /> and procedures and for coordinating all portions of the Work under the Gent_aet unless dhe Gent. aet need... °fits
<br /> give other- speeifie instfuetiens eeneer-ning these ni.atterS . If the Centraet Deounients give speeifie instruestions,
<br /> jobsite safety thereof and, eyceept as stated below, shall be fully and solely Fespensible fef the jobsite satety ef sueh
<br /> ,
<br /> teehniques, sequenees or- preeedur-es may not be safe, the Gentr-aetef: shall give timely wfitten notiee to the Owne
<br /> and Afehiteet and shall not pf:oeeed With that PeFtiOn of the Work witheut fi�; -rthe.r- ;Arriuen instmetions ff em the
<br /> .4-ehitecUt. If thp 12-Antracter is then instfueted to pr-eeeed with the r-equifed fneans , methods , techniques, sequenees a
<br /> A.— he solely responsible for- any
<br /> resulting less or- da Contract.
<br /> § 3 .3 .2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor' s employees,
<br /> Subcontractors and their agents and employees , and other persons or entities performing portions of the Work for or
<br /> on behalf of the Contractor or any of its Subcontractors.
<br /> AIA Document A201 TM — 1997. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987 and 1997
<br />by The American
<br /> Institute of Architects. All rights reserved. WARNING : This AIAO Document is protected by U.S. Copyright Law and International Treaties.
<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 13
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14 :50:06 on 08/10/2005 under Order
<br /> No. 1000192296_1 which expires on 8/8/2006, and is not for resale .
<br /> User Notes : (726890250)
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