Professional Documents
Culture Documents
describe the Work to be done. The following documents are incorporated as though
included in full as part of this agreement.
Plans
(Date)
(Prepared By)
(Date of Last Change)
(Identified As)
Specifications
(Date)
(Prepared By)
(Date of Last Change)
(Identified As)
====================================================================
===
Selecting this option limits the scope of work to what is included in the bid or proposal by
Contractor. Anything omitted from the bid is not part of the job, no matter what appears in
other contract documents.
Selecting this option makes other contract documents (such as the plans and
specifications) take precedence over the proposal by Contractor. Any work shown on the
plans or specs is part of the job, even if omitted from the proposal by Contractor.
====================================================================
Detailed Drawings
(Date)
(Prepared By)
(Title of Detailed Drawings)
(Identified As)
General Conditions
(Date)
(Prepared By)
(Title of General Conditions)
(Identified As)
Special Conditions
(Date)
(Prepared By)
(Title of Special Conditions)
(Identified As)
Project Manual
(Date)
(Prepared By)
(Title of Project Manual)
(Identified As)
Samples
(Identified As)
Letter of Acceptance
(Date)
(Identified As)
Schedule
(Date)
(Identified As)
Exhibits
(Title of Exhibits)
(Prepared By)
(Identified As)
===================================================================
Plans
Plans were prepared by Owner and are property of Owner Short form (less detail).
[Click to view contract text]
All Plans, Drawings and Specifications created for Work under this contract are
instruments of service and remain the property of Owner. The use of these
instruments of service on Work other than provided in this contract without
permission of Owner is prohibited. All copies of Drawings and Specifications other
than a single record copy shall be returned to Owner upon request after completion
of the Work.
Plans were prepared by Owner and are property of Owner Long form (more detail).
All Plans, Drawings, Specifications and other documents prepared by or for Owner
for use under this agreement are the property of Owner and remain the property of
Owner. Plans, Drawings and Specifications, whether in paper or electronic form,
prepared for use in construction under this agreement shall not be modified or used
on any other project without written consent of Owner. Contractor shall hold
harmless and Indemnify Owner from and against any and all Claims, actions, suits,
costs, damages, losses, expenses and attorney's fees arising out of use of the
Project Plans, Drawings, or Specifications for any purpose other than construction
to be completed under this agreement. Contractor and Subcontractors are granted a
limited license to use and reproduce applicable portions of the Plans, Specifications
and Drawings as required for construction under this agreement. All copies made
under this license shall bear a notice showing Owner as copyright holder. All Plans,
Drawings, Specifications and other documents prepared for use in construction
under this agreement are to be returned to Owner at completion of the Work or
termination of the contract. Contractor may retain one record set of the Plans,
Drawings and Specifications. All other sets shall be accounted for by Contractor
and returned to Owner. Submittal or distribution of Project Plans, Drawings or
Specifications to meet Official Regulatory Requirements is not to be construed as
publication in derogation of the rights of Owner.
Plans, Drawings, Specifications and copies prepared for use in construction under
this agreement are the property of Contractor. Contractor retains all common Law
and statutory rights to these Plans, Drawings and Specifications. Owner agrees that
these documents will not be used on any other project and, with the exception of
one record set to be retained by Owner, will be returned to Contractor on request.
Plans On-Site
For convenience and to meet code requirements in some communities, the contractor may
be required to keep a set of plans and contract documents available for review on the job
site.
To set standards for "as built" drawings, double-click 'Build My Interview' in the Interview
Navigator. Double-click on the 'Build My Interview', then double-click 'Select My Topics...'.
Be sure there’s a check mark beside 'Design Submittals and Record Documents'. Click
Continue. Then double-click 'Design Submittals and Record Documents' in the Interview
Navigator. Double-click again to select 'Record Documents'.
Contractor will keep a full set of Project Plans available on-site to authorized
personnel during the period of construction.
Contractor will maintain at the construction site a copy of all Plans, Addenda,
Change Orders, supplemental Drawings, written directives, approved Submittals,
Inspection reports and an updated schedule. At all reasonable times, these
documents will be made available for review by authorized personnel.
===================================================================
One full set of Plans and Specifications for all trades on paper.
A full set of Plans and Specifications for all trades in electronic format.
Construction contracts for larger jobs usually include a general description of the
contractor's tasks.
Scope of work in general Limited form (includes only what appears in the contract
documents).
Contractor shall supervise and direct the Work and accepts responsibility for
construction means, methods, techniques, sequences and procedures required to
complete the Project in compliance with the Contract Documents.
Scope of work in general Broad form (includes everything in and what can be inferred from
the contract documents).
The scope of work includes everything in the contract documents plus what can be
inferred from the contract documents.
[Click to view contract text]
The intent of this contract is to provide for the construction, complete in every
detail, of the Work described in or reasonably inferred from the Contract
Documents, at the Contract Price and within the time established in the schedule.
Contractor has the duty to determine the means, methods, techniques, sequences
and procedures required to complete the Project as described and inferred.
--------------------------------------------------------------------------------=======================
Quantity of Plan Sets Supplied
(Quantity) full sets of Plans and Specifications for all trades on paper.
If Contractor needs additional Plan sets, Owner will furnish those Plan sets to
Contractor at $ (Cost) per Plan set.
If Contractor needs additional Plan sets, Owner will furnish those Plan sets to
Contractor at the actual cost of reproduction plus delivery.
[Hide contract text]
Contractor will receive any reasonable number of plan sets on paper at no cost.
If Contractor needs additional Plan sets, Owner will furnish those Plan sets to
Contractor at no cost.
====================================================================
==
Scope of Work - Details
These topics may not be covered anywhere else in the contract documents. A good
contract will help avoid disputes by focusing attention on potential issues during contract
negotiations.
All materials and equipment furnished under this agreement are new, unless otherwise
agreed.
Contractor will ensure that Subcontractors, their agents, and employees adhere to
these Contract Documents. Contractor accepts responsibility for all Work
performed under this contract, including Work performed by employees of
Subcontractors. Contractor will settle disputes among Subcontractors and between
Contractor and Subcontractors so that disagreements do not delay completion of
the Work or affect quality of the Work.
Contractor will manage labor relations to minimize lost time and disputes.
Contractor shall make a best effort to adopt and implement policies and practices
designed to minimize Work stoppages, slowdowns, disputes or strikes. Except as
may be specifically provided elsewhere in this or a separate agreement, Contractor
is not liable to Owner for damages suffered by Owner as a result of Work
stoppages, slowdowns, disputes or strikes. Contractor shall allocate labor tasks
among the various trades in accordance with local custom, rules, jurisdictional
awards, regulations, and decisions, regardless of any classification by the Contract
Documents.
Contractor shall provide on the Job Site during the period of construction a
temporary chemical toilet or water closet which shall be serviced no less than
weekly. Upon completion of the Project, Contractor will remove temporary toilet
facilities from the site.
Contractor will provide temporary roadway to the site and vehicle parking.
When necessary for protection of the Work, temporary heating will be provided by,
and at the expense of, Contractor.
Contractor shall develop and present to Owner for approval (which shall not be
withheld unreasonably), a site logistics plan drawn to scale, showing proposed
secure and fenced areas, locations and types of temporary barricades, material
storage and staging areas, property entrances used for material deliveries, and
special material or equipment storage Requirements. This plan will include a
description and proposed location for any temporary office, storage trailer, sanitary
facilities, and parking for construction personnel.
Contractor shall develop and present to Owner for approval (which shall not be
withheld unreasonably), a routing plan to maintain safe passage of the public within
and around the Job Site. The plan will include barricades and walkways designed to
accommodate expected traffic and provide required protection while Work is in
progress. Entrances to and exits from other buildings will not be blocked, closed
off, or restricted in any way unless prior approval is granted by Owner. No public
way will be closed or obstructed without obtaining approval as required by federal,
state, or local Law or ordinance.
Contractor shall provide to Owner a series of job photographs, taken no less than
weekly, which document Work progress.
Contractor shall have the location of underground utilities marked and verified prior
to beginning Work in areas where utilities are indicated in the Contract Documents.
All costs associated with marking and verifying the location of utility lines is the
responsibility of Contractor. Any damage or loss resulting from the failure of
Contractor to verify the location of utility lines is the responsibility of Contractor.
When the Work has progressed sufficiently to permit the Installation of new
elevators, and after the enclosing walls of the elevator shaft have been built,
Contractor shall, at the expense of Contractor, make arrangements with the elevator
Subcontractor to provide, install, and maintain one new elevator for use during
construction. Elevator service shall be provided at no cost to Owner and all persons
performing services for Owner. Before temporary use of the elevator, Contractor
shall protect the elevator cab with a metal screen ceiling below the permanent
ceiling, and protect the walls and floor with padding and a substantial wood lining.
Contractor will refrain from performing any work not required by this contract.
Contractor shall do no Work on the Project and furnish no materials to the Job Site
except as required by the Contract Documents. Any Work done or materials
furnished by Contractor which do not comply with the Contract Documents, will be
at the risk and expense of Contractor who covenants and agrees that no Claim for
compensation shall be made for any non-complying Work done or non-complying
materials furnished.
Actions of others do not constitute waiver of rights and obligations that arise under this
contract.
Contractor shall not be relieved of obligations to perform the Work in accord with
the Contract Documents either by actions of or inaction by Owner or agents of
Owner, or by tests, Inspections, or approvals required or performed by persons
other than Contractor.
Many contractors feel a cost estimate is like a combination to their safe and should be
kept out of the hands of others. Some owners have competitors who could benefit from
information in plans being made by the competition. There are many reasons why both
Contractor and Owner might want to keep confidential the information in this contract. This
mutual non-disclosure clause protects both Contractor and Owner from unauthorized
disclosure. Without the six numbered exceptions, this clause may not be enforceable in
some states. The third to last sentence in this clause provides grounds for an injunction
(an order issued by a court and enforceable by a contempt of court citation) if
unauthorized disclosure is threatened. Courts issue injunctions when harm is likely and if
there is no adequate remedy after the harm occurs. Release of confidential information
can qualify for injunctive relief even without authority in the contract. But mentioning an
injunction in the contract makes it clear that the parties clearly considered a court remedy
in response to a threat of unauthorized release. The last sentence in this clause
establishes a standard for judging whether an accidental release of information was
negligent and thus a cause for awarding damages.
Most construction contracts include a clause that requires the types of cutting and
patching that are characteristic of quality workmanship.
Contractor will ensure that cutting and patching required to make building parts fit
together properly is done by those skilled in the trade. Work completed by
Contractor will have the neatly finished appearance characteristic of professional
grade construction.
Contractor will ensure that alteration Work done on existing building components
does no damage either to the property of Owner or to Work done by others.
There won't be any alteration of the existing building without prior consent.
[Click to view contract text]
Patched surfaces may be detectable when cutting and patching are complete.
The color, texture and planes between existing and new materials might not match
exactly. Contractor will use due diligence to create the best match possible. Owner
acknowledges that patched surfaces may be detectable when construction is
complete.
Responsibilities of Owner
Most of these obligations are assumed to be part of the owner-contractor relationship. But
making these assumptions explicit can help avoid problems later.
Owner will respond in writing and with reasonable promptness to written requests
from Contractor for information relevant to completion of the Work. Owner will
identify a Representative qualified to respond to questions from Contractor when
Owner is not available. Contractor is authorized to rely on written responses from
Owner and the identified Representative.
Owner guarantees that Owner has the right to contract for construction on the job site.
Owner affirms that Owner has the right to enter into this agreement and has the
right to contract for construction of the Project on the Job Site. Owner shall pay all
taxes and assessments due on the Job Site during the period of construction and
shall take all reasonable actions required to protect marketable title to the Job Site.
Owner shall have sole responsibility to secure financing for the Project and shall
pay all fees, charges, or other costs of such financing, including Inspection fees
charged by any lender. The nonperformance of any lender shall not affect the
obligation of Owner to Contractor. Owner hereby authorizes and directs any lender
on the Project to furnish Contractor with full information on undisbursed loan
proceeds when requested by Contractor.
If asked, Owner will show that money is available to finish the job.
On request of Contractor, Owner shall provide clear and convincing evidence that
Owner has access to funds committed to payment of the unpaid balance of the
Contract Price. Owner shall inform Contractor of any significant change in the
availability of funds committed to make payments required under the Contract
Documents. Failure of Owner to comply with the terms of this paragraph shall
relieve Contractor of the obligation to begin or continue the Work.
Owner will not interfere with or permit others to interfere with, stop, hinder, or delay
completion of the Work by Contractor or Subcontractors except as provided under
this agreement.
Owner will coordinate the Work of Separate Contractors on the Job Site to ensure
that Work under this contract can proceed without interference. Owner affirms that
contracts with Separate Contractors require their cooperation with Contractor.
Materials supplied by Owner will be ready for use in construction when needed.
During the Contract Time, Owner shall, at the expense of Owner, provide and
maintain a surfaced roadway connecting the Job Site with a public highway.
Owner will obtain all approvals required from architectural review committees.
[Click to view contract text]
Owner shall obtain all consents and approvals required from any architectural
review committee, homeowners association, or similar entity having the right to
review and approve Plans prior to construction.
Owner will provide all information required by the mechanics' lien laws.
On written request from Contractor, Owner shall identify (1) The legal description of
the property being improved, (2) Whether there is a Surety Bond in effect on the
improvement Project and, if so, the name and last known address of the Surety and
a copy of the Bond, and (3) Whether there are any prior recorded liens or security
interests on the real property being improved and, if so, the name and address of
the person having the lien or security interest.
If Owner fails to comply with any request for information, Contractor shall be
entitled to an extension of the Contract Time equal to the delay, if any, caused by
failure of Owner to respond, provided Contractor shall have promptly notified
Owner in writing of the right to extend the Time for Completion. Any such extension
of the Contract Time shall be the sole remedy of Contractor for failure of Owner to
reply to a request for information.
Contractor has the right to use photos of the Project for publicity purposes.
Owner grants to Contractor the rights to take pictures of the Project and use those
pictures for advertising, promotion or publicity purposes in any electronic, online,
or print format. Owner grants to Contractor permission to give prospective clients
of Contractor the name of Owner and a contact number when soliciting future
business. These rights expire 18 months after completion of the Project unless
terminated sooner by Owner.
[Hide contract text
====================================================================
===
Construction by Others
Construction is complex and job sites are often congested. Usually, it's an advantage to a
contractor to have sole use of the job site during construction.
Owner reserves the right to use one or more Separate Contractors on the Job Site
or on adjacent sites while Work is being done under this agreement. This right shall
extend to portions of the Work which have been deleted from the Contract
Documents by Change Order.
Terms of agreement with any Separate Contractor shall be, in all functional
respects, Similar to or the same as terms of this contract, including clauses relating
to insurance and waiver of subrogation.
[Hide contract text]
Owner reserves the right to employ construction crews of Owner on the Job Site or
on adjacent sites while Work is being done under this agreement. This right shall
extend to portions of the Work which have been deleted from the Contract
Documents by Change Order. Except as provided elsewhere in the Contract
Documents, Owner shall be responsible for coordinating the activities of Contractor
with any construction crews of Owner. When requested by Owner, Contractor shall
coordinate schedules with the crews of Owner to reduce or eliminate potential
conflicts. Except as otherwise provided in the Contract Documents, crews of Owner
shall have the same rights and obligations to Contractor as would a Separate
Contractor.
Contractor shall allow access to the Job Site, storage of materials and equipment,
and performance of Work on the Job Site by Separate Contractors or crews of
Owner. Contractor shall not commit or permit any act which would interfere with the
performance of Work by any Separate Contractor or employee of Owner.
Contractor is liable for legitimate claims made against Owner by separate contractors.
Contractor shall not cut or otherwise alter construction done by crews of Owner or
a Separate Contractor without the written consent of Owner. Contractor shall not
unreasonably withhold consent from Owner or a Separate Contractor to cut or
otherwise alter Work of Contractor.
Owner shall give Contractor written notice at least 2 Work Days before any Separate
Contractor or crew of Owner begins Work on the Job Site.
Contractor may recover for increased costs due to work done by separate contractors.
Contractor may submit a request for a Change Order under the terms of this
agreement if Contractor has clear and convincing documentation that Work of any
Separate Contractor or Work by crews of Owner have materially increased the cost
of completing the Project or caused a significant delay in the Work.
This site inspection clause is designed to diffuse any claim of additional work based on
conditions that were not anticipated, such as under a differing site conditions clause.
Contractor's task is to complete work on time and per the contract documents.
Contractor shall use skill and attention to complete the Work in a timely manner
consistent with the Contract Documents.
Contractor has reported all errors found in the plans and is ready to complete the work.
Contractor affirms that the contract price and time for completion are reasonable.
Owner has disclosed all known conditions which might affect completion of the work.
Owner has a duty to inform Contractor of any known condition that may make
performance of the duties under this contract more difficult than may be apparent.
Owner has reported to Contractor all conditions known to Owner which may not be
apparent to Contractor and which might significantly increase cost of the Work or
delay completion. These concealed conditions include, but are not limited to,
hazards on the Job Site, unsuitable soil conditions, prior Defective Work of others,
latent Defects in the Plans or Specifications, earlier attempts to do Similar or related
Work, and obligations imposed by government.
Owner is probably well-informed about the conditions at the job site. Contract bias favors
Owner if Owner can disclaim (repudiate) any information provided to Contractor about the
job site. A contractor entitled to rely on information provided by an owner has a stronger
case when making claims for differing site conditions.
This disclaimer is designed to weaken any claim that Owner misled Contractor about site
conditions.
This clause is used by the federal government and appears in Federal Acquisition
Regulations § 52.236-3(b).
The right to rely on information provided by Owner strengthens any claim for extra work
based on differing site conditions.
Employee Relations
Contractor will enforce the following rules on the Job Site: (1) Anyone found in possession
of a firearm will be directed to leave immediately and will not be allowed to return, (2)
Possession, sale, or distribution of alcohol or illicit drugs is prohibited. Anyone under the
influence of alcohol or illicit drugs will be directed to leave immediately, (3) Contractor will
certify that personnel on the Job Site have consented to submit to drug and alcohol
screening and testing including pre-employment, for cause, periodic or random tests, and
(4) Entry on the Job Site shall constitute consent to Inspection of an employee's person,
vehicle, and personal effects by Contractor, Owner, or other authority. Any employee who
is found in violation of these Job Site rules or who refuses to permit Inspection shall be
barred from the Job Site at the discretion of Contractor or Owner.
Contractor will ensure that personnel will be furnished and required to use safety
equipment complying with OSHA standards, including hard hats, safety glasses with
permanently attached side shields, body harnesses with shock cord lanyard, steel toe
work boots, and appropriate protective equipment and clothing. Any employee who refuses
to comply with OSHA standards shall be barred from the Job Site at the discretion of
Contractor or Owner.
Contractor shall pay not less than the wage scale of the various classes of labor as shown
in a prevailing wage schedule provided by Owner. Wage rates on this schedule are
minimum rates only and do not include fringe benefits such as health, welfare and pension
contributions, and travel allowances. Contractor and each Subcontractor shall keep, or
cause to be kept, an accurate record showing the names and trade classification of all
workers employed in connection with the Work and showing the actual per diem wage paid
to each worker. Pay records shall be open at all reasonable hours for Inspection by Owner.
Contractor and every Subcontractor and Sub-subcontractor shall keep posted on the
construction Site, in a conspicuous place, a copy of all prevailing wage and fringe benefit
rates.
Contractor will allow only qualified, careful and skilled personnel to do the Work. Each
worker shall have the appropriate license, certification or experience necessary to
complete the tasks assigned.
Contractor shall discharge from employment on the Project any worker who cannot or will
not meet standards for acceptable performance or who fails to comply with reasonable
expectations for personal conduct.
Any worker employed on the Project by Contractor or by any Subcontractor who, in the
opinion of Owner, is not careful and competent, does not perform Work in a proper and
skillful manner, or is disrespectful, intemperate, disorderly, or neglects or refuses to comply
with directions given, or who abuses drugs or alcohol, possesses contraband, harasses or
is belligerent toward other employees shall, at the written request of Owner, be discharged
from the Project by Contractor or Subcontractor and shall not be employed again in any
portion of the Work without written consent of Owner. Should Contractor or a
Subcontractor continue to or again employ anyone on the Project subject to a request
under this paragraph, Owner may suspend Work until the request for discharge is
honored. Any issue or circumstance relating to or resulting out of this paragraph shall not
be construed or interpreted as interference with the responsibility of Contractor to
determine the means, methods, techniques, sequences and procedures required to
complete the Project as described in the Contract Documents.
Contractor agrees to Indemnify and hold harmless Owner from any and all causes of
action, demands, Claims, damages, awards and attorney's fees, based on decisions made
by Owner concerning discharge of construction personnel.
Conflicts, disagreements and disputes are common on construction projects. Owners and
contractors can become adversaries rather than team members with a common goal.
Mutual trust helps promote understanding that prevents functional breakdowns. Every
contract includes an implied covenant of good faith, fair dealing and cooperation. But you
may want to add language that commits both owner and contractor to working in harmony.
Owner and Contractor acknowledge that open communication and cooperation will be
required to complete the Project on time, as estimated, and in compliance with the
Contract Documents. Contractor and Owner each agree to identify a representative who
will be available to resolve minor problems, answer questions and reach mutually
acceptable solutions. The individuals identified by Contractor and Owner shall try to reach
informal agreement on problems as they arise but are under no obligation to do so.
Both Contractor and Owner pledge that their relations will be conducted with courtesy and
consideration in an environment characterized by mutual respect. Owner pledges to
respond promptly to requests by Contractor for guidance, assistance and payments when
due and agrees to extend to Contractor the deference and latitude a dedicated
professional deserves. Contractor pledges to commit the skill and resources required to
complete the Project in a manner that complies with both the letter and spirit of the
Contract Documents and enhances the reputation of Contractor for dependability and
professionalism.
Prior to the start of construction, Contractor and Owner shall hold a pre-construction
conference to identify: (1) The people who will be involved in construction of the Project,
their chain of authority, addresses, telephone numbers, fax numbers and email addresses
to be used when requesting information or giving notices, (2) The proposed construction
schedule, (3) Procedures for approving Shop Drawings, product data and Submittals, (4)
Procedures for handling Change Orders, (5) Construction Site Requirements such as dust
and erosion control, storm water management, Project signs, clean up and housekeeping,
temporary facilities, utilities, security, and traffic, (6) Safety Requirements and procedures,
(7) Quality control, testing, Inspections and notice Requirements, (8) Inspection
procedures, and (9) The handling of payment requests.
Contractor shall send a representative to Job Site progress conferences when scheduled
by Owner. This representative shall have authority to act on behalf of Contractor on issues
that concern contract compliance or affect the completion schedule. These conferences
shall include Subcontractors, Material Suppliers and others who can contribute to job
progress. At these conferences, the representative of Contractor shall be prepared to
assess progress of the Work, purchases, deliveries, Shop Drawings, product data, quality
control Samples, possible conflicts, compatibility problems, time schedules, weather
limitations, temporary facilities, space and access limitations, structural limitations,
government regulations, safety, Inspection and testing Requirements, performance results,
recording Requirements, protection, and Similar considerations. Owner shall set the time,
date and place of these conferences and act as conference chair. Phone or web
conferencing may be used with the consent of all attending any conference.
Value Engineering
Finding ways to reduce costs, speed completion or improve the result of a construction
project is usually called value engineering.
Wise project owners encourage contractors to identify opportunities for value engineering.
Procedure for submitting value engineering proposals Short form (less detail).
Procedure for submitting value engineering proposals Long form (more detail).
Contractor may restrict the right of Owner to make use of any value engineering proposal
or make any use of supporting data for a value engineering proposal by appending to the
proposal the following language: "No part of this value engineering proposal shall be
disclosed, duplicated or used for any purpose other than to evaluate this proposal. Once
accepted by Owner by issuance of a Change Order, Owner shall have the right to
duplicate, use, and disclose any data or information in this value engineering proposal in
any manner and for any purpose whatsoever."
Proposals for value engineering changes shall be prepared at the expense of Contractor.
Contractor shall be paid for value engineering changes when the Change Order has been
approved by Owner and the Work has been completed.
No changes will be made until a value engineering proposal has been approved.
Contractor shall remain obligated to perform in accord with terms of the Contract
Documents unless and until a Change Order adopting a value engineering proposal is
approved by Owner.
Contractor will pay for design services required to evaluate a value engineering proposal.
Contractor shall pay for any design, engineering, consultant, or staff services necessary to
review and evaluate a proposed value engineering Change Order.
Savings calculated from a proposed value engineering change are based on this project
only.
Calculation of the saving or enhanced value to Owner that may result from a value
engineering proposal shall be based on the Project only, without consideration of other
projects, future acquisitions, royalties or collateral savings.
Value engineering proposals must not delay completion of the Project or adversely affect
the quality of design or construction or the operation or maintenance of the Project.
No claim for extra pay can be based on failure to approve a value engineering proposal.
Owner shall consider each value engineering proposal, but is not bound to accept any
recommended Change Order. No Claim shall arise out of failure by Owner to approve any
value engineering proposal made by Contractor.
====================================================================
==
Either the contractor or the owner could infringe on patent rights or copyrights during the
construction process. The first clause in this section makes Contractor liable for an
infringement or failure to warn of a potential infringement. The second clause turns the
tables, placing the same obligations on the owner.
Contractor is required to pay all patent and copyright fees, and is liable for any
infringement.
Contractor shall obtain all licenses necessary to use any invention, article, appliance,
process, or technique of whatever kind in the Work, and shall pay all royalties and license
fees required. If, before using any invention, process, technique, article or appliance
specifically named in the Specifications or Plans as acceptable for use in carrying out the
Work, Contractor has or acquires information that the same is protected by patent or
copyright Law, making it necessary to secure the permission of the patent or copyright
owner, Contractor shall promptly advise Owner. Owner may direct that some other
invention, process, technique, article or appliance be used. Should Contractor have reason
to believe that the invention, process, technique, article or appliance so specified is an
infringement of a patent or copyright and fail to inform Owner, Contractor shall be
responsible for any loss or liability due to the infringement. Contractor shall hold Owner,
officers, agents, and employees, harmless against any loss or liability for or on account of
the infringement of any patent rights or copyrights in connection with any invention,
process, technique, article or appliance manufactured or used in the performance of the
contract, including its use by Owner, unless such invention, process, technique, article or
appliance is specifically named in the Contract Documents as acceptable for use in
carrying out the Work.
Owner may infringe on a patent or copyright by requiring that a specific invention be used
in the project. Failure to negotiate a license to the patent or copyright could result in a law
suit with Contractor being named as a defendant. This clause requires Owner to give
notice to Contractor of a potential infringement and makes Owner liable for the
infringement.
Owner shall obtain all licenses necessary to use any invention, article, appliance, process,
or technique of whatever kind in the Work, and shall pay all royalties and license fees
required. If, before manufacturing or using any invention, process, technique, article or
appliance in performance of the Work, Owner has or acquires information that the same is
protected by patent or copyright Law, making it necessary to secure the permission of the
patent or copyright owner, Owner shall promptly advise Contractor. Contractor may adopt
some other invention, process, technique, article or appliance for use in the Work. Should
Owner have reason to believe that using the invention, process, technique, article or
appliance in the Work would constitute an infringement of a patent or copyright and fail to
inform Contractor, Owner shall be responsible for any loss or liability due to the
infringement. Owner shall hold Contractor, officers, agents, and employees, harmless
against any loss or liability for or on account of the infringement of any patent rights or
copyrights in connection with any invention, process, technique, article or appliance
required by the Plans or Specifications, including use by Contractor unless Contractor had
actual knowledge of the potential infringement and failed to notify Owner.
====================================================================
===
Contractor and Subcontractors working for Contractor shall comply with state, federal and
local Law when discharging their responsibilities under this agreement. All Work done
under this agreement will meet Requirements of state and federal Law, ordinances,
regulations and codes adopted pursuant to Law.
Contractor and Owner mutually commit to use reasonable care to meet the Requirements
of state, federal and local Law when discharging their responsibilities under this
agreement.
Contractor is liable for failure to give notice of a known or suspected defect in the plans.
Contractor shall bear all cost of correcting Work that does not comply with Law if
Contractor knows or reasonably should have known that Plans or Contract Documents are
Defective, and Contractor fails to give notice of that Defect to Owner.
Contractor shall bear none of the cost of correcting Work completed according to Contract
Documents but not in compliance with Law if Contractor did not know that Contract
Documents or instructions from Owner did not comply with the Law.
If a change in the law affects the scope of work, Owner will execute a change order.
If Law enacted after the Contract Date changes the Scope of Work under this agreement,
Contractor and Owner will execute a Change Order adjusting the Contract Price and
Contract Time to accommodate the change in the Scope of Work.
Contractor and Subcontractors hold licenses required for work to be performed under this
contract.
Neither Owner nor Contractor is responsible for breach of law by any other party.
Except as required by Law, Owner is not responsible for any breach of Law by Contractor.
Except as required by Law, Contractor is not responsible for any breach of Law by Owner.
Submittal Preference
This form of the submittals clause obligates Contractor to get approval prior to buying or
installing material (where required by this contract) and obligates Owner to disclose why
any submittal was denied. The short form lacks the detail that may be required on larger
projects.
Contractor will get prior approval from 0i\i before buying or installing any material for which
prior approval is required by the Contract Documents. If disapproved, 0i\i will indicate why
approval was withheld. Where a contract task requires prior approval, any materials
purchased or Work done before approval is at the risk of Contractor.
The long form can be very detailed and is recommended for larger projects. Selecting this
option will prompt you to select the topics that will be included in the Submittals clause.
====================================================================
=
Submittal Terms
Shop Drawings will indicate in detail all parts of the building components, Installation
details, and coordination with Work of other trades or other Contractors. Shop Drawings
for structural steel, timbers and pre-cast concrete will include engineering calculations,
fabrication details and erection Drawings that show physical characteristics, dimensions,
shapes, inserts, attaching points and methods, and other information required for
manufacture, assembly and erection, in compliance with the Contract Documents.
Contractor must submit drawings which depict how the work of subcontractors will be
coordinated.
Contractor will submit to 0i\i coordination Drawings which show the location of plumbing,
piping, HVAC duct, electrical work, and communication lines and equipment throughout
the Project.
Contractor may also submit drawings for review even if not required by the contract
documents.
Contractor will submit to 0i\i Shop Drawings, product data, Samples, and similar
Submittals required by the Contract Documents. Contractor may also make Submittals not
required by the Contract Documents. 0i\i may return without comment Submittals which
are not required by the Contract Documents.
Contractor will certify that submittals are accurate before requesting approval.
Contractor will review Submittals for accuracy, completeness, and compliance with the
Contract Documents. Before submission to 0i\i, Contractor will verify that materials, field
measurements, products, materials, systems, equipment, procedures and conditions in the
Submittal comply with the Contract Documents and other relevant Submittals. As evidence
of this review, Contractor will attach to each Submittal a written verification of accuracy
when delivered to 0i\i. Submittals delivered to 0i\i without written verification of accuracy by
Contractor may be returned to Contractor without further action.
Contractor will quote a cost and delivery date if any submittal requires a change order.
Approval by 0i\i does not relieve Contractor of responsibility for compliance with the
Contract Documents except as follows: If a Submittal does not comply with Contract
Documents, Contractor will attach to the Submittal, prior to approval, a written request for
variation showing the change in Contract Price and Contract Time, if any, that will result
from the variation. If 0i\i approves a Submittal which includes a written request for a
variation and which requires a change in the Contract Price or Contract Time, 0i\i will issue
a contract modification confirming the change. If 0i\i approves a Submittal with a written
request for a minor variation which does not require a change in the Contract Price or
Contract Time, no contract Modification is needed. A minor variation is anything which
does not materially alter the quality or performance of the Work. Approved variations are
subject to all terms of this agreement and without prejudice to any rights granted to 0i\i
under a Surety Bond.
Rejection of any submittal will give Contractor clear guidance on what will be accepted.
Contractor is entitled to expect that corrections to Submittals by 0i\i be clearly noted and
easily understood so that prompt resubmission is possible without further instructions from
0i\i.
Contractor will submit to 0i\i (Number of Copies) copies of Shop Drawings for approval.
One set of Shop Drawings will be returned to Contractor. 0i\i may duplicate, use, and
disclose in any manner and for any purpose Shop Drawings delivered under this contract.
Enter the number of copies of shop drawings that Contractor must submit for approval.
Unless otherwise directed, Contractor will submit Samples in triplicate, boxed or wrapped
securely, each labeled with the name, type or brand of the material, place of origin, name
of the producer, name of the Project for which the material is intended, and name and
address of Contractor. All Samples will be delivered to 0i\i with shipping charges prepaid.
Contractor will do no work until the appropriate samples or submittals have been
approved.
Contractor will perform no portion of the Work requiring approval of Shop Drawings,
product data, Samples, or other Submittals until the appropriate Submittal has been
reviewed and approved by 0i\i. Work that requires approval will be done in accord with the
approval as issued by 0i\i, and as required by the Contract Documents.
On discovery of an error in an approved submittal, Contractor will give notice and await
instructions.
When any Submittal is returned to Contractor with a request for change, Contractor will
make the change or changes requested and offer a second version of the Submittal for
further review. Contractor will identify in any second or subsequent version of a Submittal
those alterations which are in addition to or deviate from the change or changes requested
by 0i\i.
When required, an engineer's seal will cover all calculations and drawings in a submittal.
[Click to view contract text]
If the Contract Documents require that a Submittal be prepared and sealed by a registered
architect or licensed engineer retained by Contractor, all Drawings, calculations,
Specifications, and certifications of the Submittal will bear the seal of registration and
signature of the registered or licensed Design Professional who prepared the Submittal or
under whose supervision the Submittal was prepared. 0i\i may rely on the adequacy,
accuracy, and completeness of any Submittal signed and sealed by a licensed Design
Professional if performance and design criteria of the Submittal meets Requirements of the
Contract Documents.
Contractor will, upon completion of the Work, furnish to 0i\i a complete set, neatly bound
and in good condition, of all Submittals of Contractor, Subcontractors, Sub-subcontractors,
and Suppliers as reviewed by 0i\i with all modifications indicated and showing the Work as
actually completed. This Requirement is a condition precedent to Contractor receiving final
payment.
Contractor will prepare and deliver Submittals to 0i\i sufficiently in advance of construction
Requirements and in a sequence unlikely to cause delay in the Work or in the activities of
0i\i or of Separate Contractors. In each case, Contractor will allow 0i\i sufficient time for
adequate review of Submittals, and resubmission, if necessary, without delaying the Work.
Contractor will prepare and submit to 0i\i a schedule of Submittals showing the subject
matter, the date of proposed submission to 0i\i and identifying those Submittals which are
critical to the Project schedule. As the Project schedule changes, Contractor will make
appropriate changes in the schedule of Submittals to meet the Requirements of 0i\i.
Contractor will give 0i\i advance notice 3 days before the expected delivery of Submittals.
Within 1 calendar day after execution of this agreement, Contractor will prepare and
submit to 0i\i for approval all Shop Drawings, product data, Samples, and similar
Submittals required by the Contract Documents.
0i\i will review Submittals and notify Contractor of approval or rejection within 1 calendar
day of receipt.
0i\i will review Submittals for compliance with the design concept of the Project only.
Approval by 0i\i does not relieve Contractor of responsibility for accuracy of dimensions,
details and proper fit, or for compliance with the Contract Documents in all respects.
0i\i will review Submittals of Contractor for conformance with Requirements of, and the
design principles expressed in, the Contract Documents and will approve or take other
appropriate action upon those Submittals. Approval by 0i\i does not relieve Contractor of
responsibility for ensuring that physical characteristics, Installation procedures and
performance standards of the Work meet Requirements of the Contract Documents and
pose no unreasonable risk of harm to Installation personnel. Nothing in this paragraph
shall be interpreted to relieve 0i\i from the obligation to exercise due care in reviewing
Submittals or the obligation to notify Contractor of errors or omissions which 0i\i
discovered or should have discovered during the review process.
0i\i will review Submittals of Contractor for conformance with Requirements of the Contract
Documents and will approve or take other appropriate action upon those Submittals. 0i\i
will advise Contractor of any errors or omissions which 0i\i may detect during this review.
Submittals approved by 0i\i become additions to the Contract Documents and can be
relied on by Contractor in completing the Work. Nothing in any approved Submittal shall be
interpreted to limit Contractor in selection of the means, method, technique, sequence or
procedure of construction.
Later questions will cover the protection of people and property on the job site.
Job site safety clause Short form (less detail, less demanding).
This form of the job site safety clause obligates Contractor to comply with safety laws and
to take reasonable precautions for the safety of employees and the public. The short form
lacks the detail that is required on larger projects where the risk of injury to people or
property is greater.
Contractor will at all times take all reasonable precautions for the safety of employees and
the public at the Job Site and will comply with all applicable safety Laws and regulations of
federal, state, and local authorities (including building codes) and safety Requirements of
Owner.
Job site safety clause Long form (more detail, more demanding).
Selecting this option will prompt you to select the details that supplement this basic clause.
The long form is recommended for larger projects, where the work is extensive and
involves a substantial risk of injury to people and property on the job site.
Contractor will initiate, maintain and supervise construction means and methods and
precautions reasonably designed to prevent damage, injury or loss to persons or property
on or in the vicinity of the Work Site, including property of Owner, stored materials and
construction equipment. Contractor will inspect construction operations to identify and
eliminate unsafe conditions, whether caused by employees or agents of Contractor,
Subcontractors, vendors, Owner, or the general public. Contractor will ensure that
Subcontractors and vendors working under the direction or control of Contractor comply
with all applicable provisions of federal, state and local Laws, rules and regulations,
building codes, Requirements of Owner and Requirements in this agreement that relate to
safety of persons or property.
[Hide contract text]
--------------------------------------------------------------------------------=======================
Responsibility for safety should rest with the person or company most able to control
unsafe conditions. The contractor controls the job site. The design professional controls
the plans and specifications. The owner controls the site before work begins and after
work is completed. But there are gray areas where control may not be clear. These
clauses are intended to resolve disputes about unsafe conditions.
Nothing in this contract will be interpreted to impose on Contractor responsibility for safety
on portions of the Job Site over which Contractor is not exercising control of the means
and methods of construction, including, but not limited to, Work by a Separate Contractor,
or portions of the Project over which Owner has Partial Use or Beneficial Occupancy.
Neither is Contractor responsible for unsafe conditions created by Owner before the Date
of Commencement or for unsafe conditions about which Contractor has no knowledge or
control and about which Owner is fully informed.
If at any time Owner becomes aware of any unsafe condition on the Job Site which poses
a serious or imminent danger to the health or safety of the public or construction
personnel, Owner may notify Contractor orally, with written confirmation, and request
immediate corrective action. This notice, when delivered to Contractor or Contractor's
Representative, will be considered notice of non-compliance with Contract Documents. If
Contractor fails or refuses to take corrective action promptly, Owner may stop all or part of
the Work until satisfactory corrective action has been taken. If Work is stopped by Owner
for failure to take corrective action, Contractor is not entitled to adjustment of the Contract
Price for delay or extension of the Contract Time.
If Contractor fails to take immediate corrective action following notice from Owner of any
unsafe condition, Owner shall have the right, but not the obligation, to take all necessary
corrective action at the expense of Contractor.
Nothing in this contract shall be construed to mean that Owner has authority or
responsibility to administer, supervise or inspect safety programs or conditions at the Job
Site. Any duty of Owner to conduct periodic Inspections of the Work shall not give rise to a
duty to review or approve the adequacy of the safety program of Contractor or any safety
measure Contractor takes or fails to take.
Nothing in this contract shall be construed to impose on Contractor any responsibility for
the adequacy or safety of Project Drawings, prints, Plans, or Specifications prepared by
others. Neither is Contractor responsible for the adequacy or safety of written instructions
or oral instructions issued by Owner.
Contractor can stop work if unsafe plans or instructions are offered by others.
Safety standards will cover handrails, walks, lighting and hard hats.
Safety standards will require fire extinguishers and prohibit open flames.
Safety standards will require protection of people and property off the building site.
Requires certain steps to protect the public and prevent damage to other property.
--------------------------------------------------------------------------------=====================
Safety Program
Contractor shall institute and maintain a safety program designed to avoid and prevent
unsafe conditions and unsafe acts on the Job Site during the period of construction,
whether by Contractor personnel, Subcontractors, Sub-subcontractors, or visitors to the
site. The safety program adopted by Contractor will meet all Requirements of federal, state
and local Laws and regulations.
Contractor shall present to Owner for approval a safety plan describing how Contractor
proposes to meet all OSHA and related Requirements, details on how safety equipment is
to be used, how the risk of fire and other potential hazards will be abated, how welding and
flame-cutting will be done, and how Contractor will maintain safety-related equipment such
as fire extinguishers, fire alarms and fire sprinklers during the period of construction.
Safety Standards
Contractor will ensure the lighting complies with Table D-3 of § 1926.56, 29 CFR.
[Click to view contract text]
Contractor will ensure that construction areas, aisles, stairs, ramps, runways, corridors,
offices, shops, and storage areas where Work is in progress are lighted with either natural
or artificial illumination not less than the minimums set in Table D-3 of Code of Federal
Regulation § 1926.56.
Contractor will ensure walking surfaces comply with paragraph (k) of § 1926.502, 29 CFR.
A cover or guard is required around any hole or opening that exceeds 6 feet in depth.
Where a walking or working surface is adjacent to a hole or opening 6 feet (1.8 m) or more
above a lower level (such as a skylight), Contractor will either install a cover or guardrail
around the perimeter of the hole or require construction personnel to use a personal fall
arrest system.
Contractor shall ensure that all workers and visitors on the Job Site wear safety hard hats
and obey all safety rules and regulations. Contractor shall post a sign in a conspicuous
location indicating that safety hard hats are required on-site and shall loan such hats to
visitors, as may be required.
--------------------------------------------------------------------------------=====================
Fire Protection
Contractor shall ensure that all construction personnel take precautions to eliminate fire
hazards and prevent fire damage on the Job Site.
No open fires of any kind will be allowed on the Job Site during the course of construction
without explicit permission of Owner. Contractor shall consult with Owner before bringing
any roofing tar kettle on the Job Site and before conducting any Work that requires
welding or flame-cutting.
Contractor shall ensure that no vehicles, materials, or equipment obstruct fire lanes or
aisles unless alternate routing is provided which preserves good access for firefighting
trucks and equipment.
Protection of Personnel
Contractor shall comply with all applicable Laws, ordinances, rules, regulations, and lawful
orders of any public authority bearing on the safety of persons and protection of property,
including Requirements of the Occupational Safety and Health Act (OSHA). Where
Requirements of federal, state or local Law or regulations are in conflict, Contractor shall
comply with the most stringent or demanding provision.
Contractor will distribute Material Safety Data Sheets to Owner and subcontractors.
[Click to view contract text]
Contractor shall promptly submit to Owner a written notice of any accident on the Job Site
that results in personal injury requiring medical treatment or damage to property in excess
of $500. Contractor will make available to Owner a copy of any accident report Contractor
is required to file with any public agency or insurance carrier.
Contractor will avoid using for construction operations any planting area which is
designated to remain after completion of Construction. Driving of vehicles on landscaped
areas is prohibited without approval of Owner. When use of landscaped area is required
during the construction period, Contractor shall remove, store, tend and replant all trees,
shrubs, and lawn area that interfere with construction operations. If removal and
replacement is impractical, Contractor may trim, prune, tie back, cover and protect trees
and shrubs during the period of construction. Trees, shrubs and lawn area on the Job Site
which do not survive the construction period will be replaced by Contractor at no cost to
Owner, prior to Substantial Completion. Contractor shall not use the area under the drip
line of trees for storage of construction materials, equipment, trailers or vehicles.
Owner will prepare the area adjacent to surfaces to be painted by cutting back shrubs and
trees to provide clearance between each shrub or tree and the surface to be painted.
Contractor will cover and tie back all shrubs and trees that may be affected by painting of
adjacent surfaces.
If Contractor parks trailers or equipment on existing parking lots or pavements, wheels and
dollies shall be set on plywood pads or blocking large enough to prevent damage to the
paved surface. Material stored on new or existing pavements shall be placed on blocking
and raised adequately so as not to block surface drainage.
Contractor will erect dust partitions to protect adjacent areas and occupants.
Contractor will erect and maintain during the construction period suitable dust-proof
temporary partitions designed to protect the building contents and occupants against
airborne dust and debris. Contractor will ensure that air conditioning supply air inlets are
covered to prevent contamination of the central air conditioning supply. When construction
personnel are not on the Job Site, Contractor shall provide temporary covers for doorways,
roof, window sash, and other penetrations through the exterior wall.
Contractor shall restore to the same condition as before Work started all streets, drives,
sidewalks, walls, lights, signs, fences, poles and building components disturbed or
damaged by Contractor or Subcontractors during construction.
Contractor shall protect installed materials during the construction period so finished
surfaces (such as plumbing fixtures, woodwork, trim, walls, floors, ceilings and counters)
show no signs of damage or deterioration at the time of Substantial Completion. Except as
otherwise provided in the Contract Documents, all Work shall be thoroughly cleaned and in
a "like new" condition at the time of Substantial Completion. This includes dusting, window
cleaning, floor cleaning, and removing grime and stains from finished surfaces.
During the period of construction, Contractor will provide protection against the weather to
prevent damage to building and materials from rain, wind, snow and ice.
Contractor will provide supports and bracing to prevent injury during construction.
When parts of the structure or an adjoining structure require support until connecting
members are in place, Contractor shall install temporary support, bracing and tying
adequate to prevent damage to the structure and injury to personnel.
Protection of Others
Contractor will provide barriers and signs which protect personnel on-site.
Contractor will install barriers, direction signs, flashers, warning signals, barricades, and
other devices to protect personnel on and adjacent to the site while minimizing disruption
of normal pedestrian and motor traffic. Contractor shall not remove or obstruct existing
traffic control devices, such as bollards, chains, posts, building signs, or traffic signs,
without approval from Owner.
Before trenching Work begins, Contractor will locate the position of irrigation piping, advise
utility companies to mark the location of their service lines, and notify owners and
occupants of adjacent property of the Work to be done. Contractor will do no trenching or
excavation which could result in undermining or displacement of existing structures or site
improvements. All trenches and pits in the vicinity of the Work shall be covered securely or
well barricaded and properly lighted at night.
Contractor will keep dust, dirt and debris away from adjacent property.
Contractor shall protect adjoining property and nearby buildings, roads, and other facilities
from airborne dust, dirt, and debris originating on the Job Site. When required, Contractor
will control fugitive dust with a watering program.
It shall be the responsibility of Contractor to maintain good drainage at the Job Site so
water does not accumulate in finished areas or spill into adjacent properties in volumes
likely to cause damage. Contractor shall initiate an effective erosion and sedimentation
control program which includes measures that minimize erosion and silt runoff.
The area used by Contractor and Subcontractors working for Contractor will be fenced. If
not otherwise provided in the Contract Documents, orange plastic webbed fencing or snow
fencing shall be considered acceptable temporary fencing.
Contractor will protect the site from theft and unauthorized entry.
Contractor shall protect the Job Site and Work from theft, acts of malicious mischief,
vandalism, and unauthorized entry both during normal work hours and at other times.
Contractor shall be liable for all loss and damage that result from failure to protect the Job
Site and the Work.
Contractor shall provide and maintain temporary stairs, main ladders, and runways for
access to all areas of the Project for use by all construction trades. Contractor shall erect
permanent stairs as soon as possible in the construction process and will provide those
stairs with protective treads, handrails and shaft protection.
Response to an Emergency
In any Emergency threatening the health, safety or life of persons or serious and
immediate damage to property, Contractor shall use best efforts and full discretion without
special instruction or authorization from Owner to prevent the threatened damage, injury or
loss. When directed by any authority, Contractor shall provide Emergency assistance
without special instruction or authorization from Owner. However, Contractor shall notify
Owner promptly if Contractor believes any significant changes in the Work or variations
from Contract Documents have been caused by the Emergency response.
A change order will be negotiated to cover the cost of emergencies if Contractor is not at
fault.
Provided Contractor is not responsible for the Emergency condition and provided the
additional cost to Contractor for the Emergency response is not covered by insurance or
recoverable from others, Contractor shall be granted a Change Order to compensate for
the Emergency response.
Contractor shall respond immediately to calls for assistance at the Job Site any time, day
or night, when circumstances require the presence of Contractor to protect health or safety
or the Work or adjacent property.
Contractor shall post on the Job Site a list of current Emergency telephone numbers. The
list shall include telephone numbers for responsible individuals who can be contacted after
normal working hours in the event of an Emergency. This list shall be posted in a
prominent place on the Project and protected from the weather.
Except as provided elsewhere in the Contract Documents, Contractor is responsible for all
Hazardous Materials brought to the Job Site by Contractor or Subcontractors.
The use of materials or equipment containing asbestos is prohibited under this contract.
Contractor warrants that all materials and equipment incorporated in the Project are
asbestos-free. Contractor shall be responsible for removal and replacement costs should it
be determined that the provision of this paragraph has been violated. Responsibility of
Contractor for violating the terms of this paragraph shall not be limited in duration by
Project completion, the warranty period, or other provisions of this contract.
Explosives shall not be used without first obtaining all permits required by Law, and written
permission from Owner. Storage of explosives on the Job Site is prohibited. Regardless of
the approval by Owner, any loss or damage that results from use or handling of explosives
by Contractor shall be the sole responsibility of Contractor. Powder-activated tools are not
considered explosives for purposes of this contract.
All flammable liquid having a flash point of 110 degrees F. or below shall be confined to
Underwriters Laboratories-labeled safety cans. Paint thinners, gasoline, oil, roofing
materials, and other flammables shall be stored in suitable shelters at least 50 feet from
permanent structures. Spigots shall not be used on drums containing flammable liquids.
Drums are to be equipped with approved vented pumps.
All oil-soaked rags, papers and Similar combustible material shall be placed in metal
containers with self-closing lids at the close of each Work Day.
Contractor will not do any welding or flame-cutting without first obtaining all permits
required by Law, and written permission from Owner.
The following clauses specify the procedure to follow upon discovery of hazardous
materials on the job site.
Owner warrants and affirms that no Hazardous Materials are known to exist on the Job
Site except as described elsewhere in the Contract Documents. If at any time after
execution of this agreement, Owner has any reason to believe that Hazardous Materials
exist or may exist on the Job Site, Owner will notify Contractor at once and send
confirmation in writing. This obligation to notify Contractor of Hazardous Materials does not
absolve Contractor of responsibility for monitoring safety conditions on the Job Site and
complying with all laws and regulations relating to Hazardous Materials.
Except as provided elsewhere in the Contract Documents, Owner is responsible for all
Hazardous Materials discovered on the Job Site so long as those materials were not
brought on the Job Site by Contractor, Subcontractors, or anyone directly or indirectly
employed by them. Nothing in this paragraph shall relieve Contractor from liability for
negligence in handling or removing Hazardous Materials as required under the terms of
this agreement.
Contractor will resume work when suspected hazardous material is considered safe.
Once any material suspected of being hazardous has been rendered safe or judged
harmless by a licensed and qualified independent laboratory or consultant, Contractor
shall resume Work in the affected area.
[Hide contract text]
Contractor is not required to do any work involving hazardous materials except by consent.
Discovery of hazardous materials on the job site may increase the cost of completing the
job and will usually result in delay. Is that loss to be carried solely by Owner or shared
partially with Contractor?
Contractor shall not be entitled to any extension of the Contract Time or change in the
Contract Price as a result of the discovery or abatement of Hazardous Material on the Job
Site.
Owner shall defend, Indemnify and hold harmless Contractor from and against all loss,
liability, claims, costs, damage and economic detriment of any kind whatsoever, or
expense (including attorney's fees) that arises out of or results from the discovery or
existence of Hazardous Material on the Job Site, whether or not identified in the Contract
Documents, provided such loss, liability, costs, damage and economic detriment is not the
result of any negligent act or omissions of Contractor, Subcontractors or anyone directly or
indirectly employed by them. Indemnification by Owner under this paragraph shall apply
even if Owner is in no way responsible for the loss to Contractor.
Contractor will employ an engineer or licensed land surveyor to establish lines, points and
levels adequate to lay out alignment and elevations for the Project. Contractor shall be
responsible for accuracy of this survey and shall make good any Defect in the Work which
results from an error in the survey provided by Contractor.
Owner will employ an engineer or licensed land surveyor to establish lines, points and
levels adequate to lay out alignment and elevations for the Project but assumes no
responsibility for accuracy of the survey provided. Without extra cost to Owner and before
beginning construction, Contractor shall engage a licensed surveyor, if necessary, to verify
accuracy of the survey provided by Owner.
Owner will direct Contractor to survey reference points on the ground which Contractor
can rely on when setting alignment and elevations for the Project.
It's common for survey markers to be lost or destroyed during construction. How the
marker was damaged or who is at fault may not be known.
Contractor shall maintain and preserve all survey monuments, markers, hubs and stakes
on the Job Site until authorized or required to remove them. If such marks are lost, moved
or destroyed while still needed to complete the Work, Contractor will have the marker reset
by a licensed land surveyor or engineer at no cost to Owner.
Contractor shall use reasonable care to maintain and preserve all survey monuments,
markers, hubs and stakes on the Job Site while still needed to complete the Work. If
Contractor finds that an established reference point has been lost or destroyed, Contractor
may have the reference point reset by a licensed engineer or surveyor at the expense of
Owner.
Owner will provide Contractor with all relevant site information available to Owner, such as
information about soil conditions, easements, utility lines (whether on or adjacent to the
site), floodplain maps, fault maps, and existing improvements. These are not Contract
Documents and Owner makes no warrant on the accuracy of information provided to
Contractor under the terms of this paragraph.
Owner will provide a legal description for the Job Site and the assessor's parcel number.
Before Work begins, Contractor shall locate all existing improvements and all utility lines
on the Job Site, including phone, electric, cable, gas, water, sewage, and drainage.
Contractor is responsible for any damage done to existing lines, cables, pipes, conduit,
and improvements.
Project Layout
Once lot lines and elevations have been established by a licensed surveyor, the contractor
is usually responsible for layout of the work.
Contractor shall be responsible for alignment and elevation of the Work and will set grade
stakes, batter boards, and other working points, lines and elevations required to complete
the Project as described in the Contract Documents.
Contractor will provide all tools and materials required to lay out each part of the work.
Contractor shall furnish all stakes, templates, platforms, equipment, tools, materials, and
labor required to lay out each part of the Work.
Contractor guarantees that job layout will comply with the contract documents.
Contractor shall ensure that dimensions, levels and alignment conform to Project Plans
and will correct any error in layout at no cost to Owner so long as the error is not due to
inconsistency or ambiguity in the Contract Documents.
Contractor shall locate and measure existing improvements on the Job Site to ensure
accurate fabrication, assembly, and Installation of new Work in correct relationship,
alignment, and connection to the existing structure, as described in the Contract
Documents.
Contractor.
Contractor shall secure all permits, licenses and renewals required by government
authority to complete construction of the Project. If permits are required for Subcontracted
Work, Subcontractors will secure those permits. Owner shall assist Contractor in
responding to requests for information from the permit-issuing authority. Contractor shall
provide Owner a copy of each permit, license and renewal issued by government authority
for the Project.
Owner.
Owner shall secure all permits and licenses required by government authority to complete
the Project. Contractor shall assist Owner in responding to requests for information from
the permit-issuing authority. Owner shall provide Contractor with a copy of all permits,
licenses and renewals issued by government authority for the Project.
====================================================================
=
Taxes
Except as provided otherwise in this agreement, Contractor shall pay all federal, state,
county, and municipal sales, use, consumer, gross receipts, and excise taxes which are
levied or become payable as a result of completing the Work. Owner will pay all tax on
materials furnished by Owner and all property taxes levied on the land which comprises
the Job Site.
Owner asserts that the Project is exempt from sales and use tax and that none should be
charged to Contractor or Subcontractors for building materials, supplies, fixtures,
equipment, and Installation labor which actually become part of the structure. Supplies,
tools and equipment used in the construction process (such as perimeter fencing) will be
subject to sales and use tax and payable by Contractor, even if used exclusively on the
Project. On request of Contractor or any Subcontractor, Owner shall cause a certificate of
exemption to be issued as evidence of the tax status of the Project. Should sales or use
tax be imposed other than as described in this paragraph, Owner agrees that the Contract
Price shall be increased by the full amount of all such sales or use tax (including fines and
penalties) actually paid by Contractor or Subcontractors.
Contractor shall remit when due all federal, state and local withholding tax and payroll tax
on employee wages, premiums for unemployment and workers' compensation insurance,
and retirement contributions.
On request of Owner and before final payment under this contract, Contractor shall
provide clear and convincing evidence of payment of all taxes and contributions that
became payable during the period of construction. In the event of an underpayment by
Contractor of any tax, insurance premium, or contribution due during the period of
construction, Contractor grants to Owner the right, pending settlement of Claims, to
withhold from final payment due Contractor, a sum equal to the estimated underpayment.
If any federal, state or local tax rate increases or if any new federal, state or local tax is
imposed, whether by Law, regulation, or interpretation, between the Contract Date and
Substantial Completion, the Contract Price shall be increased by the additional tax levied
on Contractor, but only to the extent that the change in rate or new tax could not have
been reasonably foreseen on the Contract Date.
Temporary Utilities
Temporary utilities (such as water and electricity) are usually required on-site for use by
construction trades.
The next set of questions covers permanent utilities to be used once construction is
complete.
Contractor shall pay all costs associated with use of temporary utilities on the Job Site
during construction, including application fees, permits, engineering, and metered service
for water, electric power, heating and cooling. Temporary utility systems provided by
Contractor shall be designed and installed to protect the public and construction personnel
and conform with applicable Laws and Regulations.
Owner shall make electric power, water, heat and cooling available to Contractor and
Subcontractors through existing outlets and at reasonable cost determined by Owner.
Contractor shall install and maintain temporary connections, distribution lines, and meters
required to measure the amount of water, electric power, heating and cooling consumed
during construction. Before final acceptance of the Work, Contractor shall remove all the
temporary connections, distribution lines, and meters and issue a credit to Owner for utility
services used during construction.
Permanent Utilities
Permanent utilities are those that need to be connected and ready for use when
construction is complete.
Owner shall secure and pay for Installation, connection, and modification of permanent
electric, water, phone, cable, sewer and gas service as required for the completed Project.
Contractor shall schedule and coordinate work of utility companies and government
agencies for Installation, connection, and modification of permanent electric, water, phone,
cable, sewer and gas service as may be required for the completed Project. Contractor
shall make available all portions of the Job Site necessary for utility companies to do their
Work. Contractor shall bear the risk of damage to the Work caused by any utility company.
Owner shall pay all fees and deposits required for connection of utility company lines to
permanent structures and for the start-up of service.
Contractor shall secure and pay for Installation, connection, and modification of permanent
electric, water, phone, cable, sewer and gas service as required for the completed Project.
Contractor shall regularly remove from the Job Site and storage areas all surplus material,
waste and debris resulting from the Work. Construction debris shall be removed to a legal
refuse collection site with disposal or recycling fees paid by Contractor. At completion of
the Work, Contractor shall, in addition, remove from the Job Site all tools, equipment and
scaffolding brought to the Job Site by Contractor or Subcontractors. At Substantial
Completion, exposed finishes of windows, doors, floors, walls, ceilings, fixtures and trim
shall be cleaned and free of grime, stains, over spray, dirt and dust.
Contractor shall provide a trash disposal facility on the Job Site for use by construction
personnel. The on-site trash facility provided by Contractor shall be of an appropriate size
for the Project and placed in a location approved by Owner. All construction debris shall
either be placed in the trash facility provided by Contractor or hauled to a legal disposal
site, at the discretion of Contractor. When any trash container provided by Contractor is
full, contents shall be removed to a legal disposal facility at the expense of Contractor.
Owner has the right to clean the job site at the expense of Contractor.
If Contractor fails to comply with Requirements in the Contract Documents for progressive
or final Job Site cleanup, Owner may deliver a written notice to Contractor directing that
the Job Site and adjacent area be cleaned of construction debris within no more than 4
days. If, in the sole opinion of Owner, Contractor has not complied with this written
directive, no matter the source of debris or Subcontractor responsible, Owner may retain a
Separate Contractor to clean the Job Site to the condition required under Contract
Documents. If construction is nearly complete, the Separate Contractor may do all
cleaning and removal required before Substantial Completion. Owner may deduct from
payments due Contractor the actual amount paid to this Separate Contractor.
Project Sign
Owner grants to Contractor the right to display a small sign (2' x 3' maximum) listing the
company name, address, logotype, phone number, and website address of Contractor.
Contractor may, without cost to Owner, erect a sign at the Job Site measuring up to 4' x 8'
and listing the Project name, company name, address, logotype, phone number, and
website address of Contractor. If directional signs are needed, Contractor may erect signs
with direction arrows and the company name to guide employees and visitors to the Job
Site entrance. No signs shall be erected without prior approval of Owner.
Contractor shall fabricate and erect a Project sign designed by Owner and bearing the
name of the Project, Prime Contractor, principal Subcontractors, designers, consultants,
lead lender, a short Project description, and expected Completion Date. Location of the
Project sign will be designated by Owner. Contractor may erect directional signs at the Job
Site with approval of Owner with respect to size, style and location. Directional signs may
bear the name of Contractor and a directional symbol. No other signs will be permitted
except by permission of Owner.
[Hide contract
====================================================================
Quality supervision is important on every construction project, large or small. The clauses
below set a standard for supervision varying by job size.
A superintendent will be available on the job when required (Good for a smaller job).
On smaller jobs, it may be enough if the contractor stops by the job site every day or two.
Contractor shall be available to supervise the Work on a regular basis or shall have a
competent Representative available, either on the Job Site or by phone, with authority to
give instructions and make decisions for Contractor.
The superintendent will act as a representative of Contractor (Good for a larger job).
On larger jobs, the owner may want a full-time superintendent and the right to approve that
superintendent.
A superintendent approved by Owner will be available on-site when work is being done.
This clause requires a superintendent approved by the owner to always be on the job site.
Contractor shall notify Owner of each principal Subcontractor and vendor Contractor
proposes to retain for Work on the Project and the Scope of their Work. Contractor shall
not contract with any Subcontractor or vendor to whom Owner makes a reasonable and
timely objection. Contractor shall not change a previously selected Subcontractor or
vendor without notifying Owner of the proposed change. Contractor shall bear any
additional cost incurred due to voluntary substitution of Subcontractors or vendors.
Contractor shall not assign or Subcontract any portion of the Work to be done under this
contract without prior consent of Owner and until Owner has reviewed and approved the
proposed Subcontract agreement. Consent of Owner shall not be unreasonably withheld,
delayed, or conditioned. Each assignment or Subcontract shall be in writing, shall identify
Owner as the intended third party beneficiary of the Subcontract, and obligate the
Subcontractor to comply with the terms and conditions of this contract.
If Owner rejects any proposed Subcontractor or vendor, Contractor shall promptly propose
another for approval by Owner. On approval of the successor, the Contract Price and
Contract Time shall be adjusted in proportion to the difference between proposals of the
rejected and the approved successor Subcontractor or vendor.
Contractor may enter into Subcontracts only with Subcontractors on a list provided by
Owner. Substitutions will be allowed only if the Subcontractor selected from the list: (1)
Fails, refuses, or is unable to enter into a Subcontract, (2) Becomes insolvent, or (3) Is
unable to comply with other Requirements of Law.
The interest of the project owner is protected if subcontractors at every level share all the
obligations of the general contractor but none of the benefits provided to the general
contractor. Owners do that by inserting a flow-down clause into the prime contract -
requiring the general contractor to include flow-down language in all subcontracts. Flow-
down can impose obligations on subcontractors while insulating the owner from
subcontractor claims and disputes. Flow-down has many consequences for contractors
and subcontractors that are not easy to anticipate. The effect of flow down may be to bind
subcontractors to terms of a contract they have not signed -- and may never have seen.
Subcontractors have the same obligations as Contractor Short form (less detail).
This simplified version of the flow-down requirement is plenty detailed for smaller jobs.
Contractor agrees that the terms of this contract shall apply equally to each Subcontractor.
Contractor agrees to take such action as may be necessary to bind each Subcontractor to
the terms of this agreement for the appropriate portion of the Work.
Under this clause, the general contractor's obligations flow down to subcontractors. But
the general contractor's rights do not flow down to subcontractors. For example, a
subcontractor may be bound to complete the work (an obligation) but may not have the
right to sue to collect from Owner (a benefit).
Contractor agrees that contracts with Subcontractors and vendors for the Project will
impose the same duties and obligations on those Subcontractors and vendors for their
portions of the Work as Contractor has under the provisions of the Contract Documents.
Contractor warrants and guarantees that each Subcontract with a Subcontractor or vendor
for the Project will extend to Contractor all rights and remedies provided to Owner under
this agreement.
Under this clause, both the contractor's rights and obligations under this agreement flow
down to subcontractors, essentially making each subcontractor a party to this agreement.
Contractor agrees that contracts with Subcontractors and vendors will impose the same
duties and obligations on those Subcontractors and vendors and grant the same rights and
remedies to those Subcontractors and vendors for their portion of the Work as Contractor
has under the provisions of the Contract Documents. Contractor warrants and guarantees
that each Subcontract with a Subcontractor or vendor will extend to Contractor all the
rights, remedies, duties and obligations Owner has under this agreement.
Construction Contract Writer makes flow-down language unnecessary because you can
easily create subcontracts that mirror the terms in the prime contract. On the tool bar, click
'New'. Click to create a new contract between a contractor and a subcontractor. Then click
to create this contract based on an existing contract. Browse to the prime contract you
want the subcontract to mirror. Click 'Open'. Click 'Create Contract'.
If you elect to include flow-down language in this contract, the questions that follow will
clarify which rights and obligations flow down to subcontractors.
====================================================================
==
Protecting Owner from Subcontractor Claims
These clauses are designed to insulate Owner from claims by subcontractors and
vendors.
This clause limits any rights granted to a subcontractor under a flow-down provision.
Except as provided elsewhere in this contract or in the Contract Documents, Owner has no
contractual relationship with any Subcontractor or vendor to Contractor and no obligation
to respond to Claims of any Subcontractor or vendor on the Project or to resolve disputes
between or among Contractor, Subcontractors, and vendors on the Project. All
communications between a Subcontractor or vendor on the Project and Owner are to pass
through Contractor.
Owner has guaranteed there are no legal restrictions on use of the job site.
This point seems almost too obvious to mention. But some jobs will involve complexities
that should be clarified in the contract.
Owner has agreed to furnish all required rights to use the land upon which the Work is to
be constructed. Owner will identify any encumbrances or restrictions related to use of the
land furnished and Contractor agrees to comply with those encumbrances or restrictions. If
Owner fails to furnish the land, rights of way, or easements when required, Contractor may
make a Claim for extra compensation, additional time, or other relief.
Contractor must work within the area designated for completion of the Project.
Contractor shall confine operations at the Job Site to the area allowed by Law, regulation,
and permits. In no case shall the operations of Contractor extend beyond the minimum
area required to complete the Work. Contractor shall not store on-site excess materials or
equipment. Contractor shall not use the Job Site as a staging, assembly, or storage area
for other projects or for any purpose other than completing the Work.
Except as otherwise provided in the Contract Documents, Contractor may erect temporary
facilities, such as storage sheds, shops and offices on the Job Site. Such temporary
buildings shall remain the property of Contractor and shall be removed at the expense of
Contractor at completion of the Work.
Contractor shall notify Owner at least 72 hours in advance if it will be necessary for
Contractor to interrupt utility service to any building or portion of a building occupied or
otherwise used by Owner. Every reasonable means shall be used by Contractor to
minimize the duration of any utility outage.
[Hide contract text]
Owner shall designate a construction entrance which Contractor shall use for all delivery of
materials and equipment and which shall be used by all construction personnel.
Except as otherwise provided in this contract, parking for vehicles owned by construction
personnel shall be restricted to designated areas. Vehicles owned by construction
personnel shall be removed from the Job Site and vicinity when construction personnel are
not present on the Job Site.
Contractor shall coordinate construction Work to minimize the interference with and
disruption of operations of Owner in any building or portions of any building occupied or
otherwise used by Owner.
Most construction contracts extend to the owner the right to come on the site during
construction.
If Owner or anyone authorized by Owner is on the Job Site while Work is in preparation or
progress and causes a delay or disruption of the Work or does damage to the Work, for
which Contractor is in no way responsible, Contractor shall be entitled to extra
compensation or an extension of time, or both.
--------------------------------------------------------------------------------
Access from Other Property
If construction will require access across the property of others or closure of any public
right of way, the contract should identify who is responsible for getting the necessary
permission or permit.
When the Work requires access by Contractor through adjacent public or private property
or closure of a public right of way, Owner shall secure the appropriate permit, license or
temporary easement, and give notice as may be required by Law.
Owner is liable.
Owner agrees to Indemnify and hold Contractor harmless from Claims by owners of
adjacent private property and from Claims of government resulting from access by
Contractor through public property or closure of a public right of way.
Contractor is liable.
Contractor agrees to Indemnify and hold Owner harmless from Claims by owners of
adjacent private property and from Claims of government resulting from access by
Contractor through public property or closure of a public right of way.
As part of the construction process, Contractor will compare what the plans show with
what actually exists on the job site. Occasionally, Contractor is going to find a discrepancy.
A contractor has an implied duty to give notice when a contract requires something known
by the contractor to be defective. Rubin V. Coles
[Click to view contract text]
Contractor shall compare conditions at the Job Site with representations and
Requirements in the Contract Documents. If Contractor discovers a discrepancy between
Job Site conditions and representations or Requirements in the Contract Documents,
Contractor shall promptly report the discrepancy to Owner, and provide a detailed
explanation.
Contractor isn't required to find differences between the plans and field conditions.
Contractor is not liable for differing site conditions if those conditions are reported promptly.
A surprise in job site conditions found during construction entitles Contractor to a change
order.
Surprises are common during the construction process. Most surprises increase costs
rather than reduce costs. Construction companies are not insurance companies and
should not be liable for surprises that could not be anticipated. This clause provides extra
payment for work which was not anticipated.
If any concealed structure, water, power, waste, drain or gas line is uncovered or revealed
during construction which is not as indicated in the Contract Documents or is inconsistent
with information provided by Owner, Contractor shall promptly, and before any such
structure or line is disturbed or damaged (except in an Emergency), notify Owner.
Contractor shall submit a Claim for a Change Order which covers the additional cost
incurred as a result of such structure, water, power, waste, drain, or gas line uncovered or
revealed during construction.
A clause on differing site conditions is considered a benefit to both the contractor and the
owner. Contractor can bid the job based on what is known and expected, not on the worst
possible contingency.
If site conditions differ from what was expected, Contractor will get paid for work actually
done. Owner gets more competitive bids with smaller contingency allowances. Courts
recognize two types of differing site conditions. Type I is any hidden condition materially
different from information Contractor is entitled to rely on. Type II is a hidden physical
condition consistent with the contract documents but very different from anything normally
encountered.
Both Type I and II conditions are harder to substantiate if: (1) Owner offers no information
about site conditions or disclaims the accuracy of any information offered; (2) Contractor
doesn't visit the site or does not investigate all information available; and, (3) A reasonably
prudent contractor would have anticipated the conditions actually found. These three
issues are covered in the section 'Representations by Contractor and Owner' under the
navigator topic 'Scope of the Work'.
Contractor recovers for both Type I (hidden) and Type II (highly unusual) differing site
conditions.
Contractor shall promptly, and before conditions are disturbed, give a written notice to
Owner of (1) Subsurface or latent physical conditions at or near the Job Site which differ
materially from those indicated in the Contract Documents, and (2) Unknown physical
conditions at or near the Job Site, of an unusual nature, which differ materially from those
ordinarily encountered and generally recognized as inhering in Work of the character
called for in the Contract Documents. Owner shall investigate the site conditions promptly
after receiving notice. If the conditions do materially so differ and cause an increase or
decrease in the cost to Contractor or the time required for performing any part of the Work,
whether or not changed as a result of the conditions, an equitable adjustment shall be
made under this clause and the contract modified in writing accordingly.
This clause provides relief only for a hidden condition materially different from what's in the
contract.
Contractor shall promptly, and before the conditions are disturbed, give a written notice to
Owner of subsurface or latent physical conditions at or near the Job Site which differ
materially from those indicated in the Contract Documents. Owner shall investigate the site
conditions promptly after receiving notice. If the conditions do materially so differ and
cause an increase or decrease in the cost to Contractor or the time required for performing
any part of the Work, whether or not changed as a result of the conditions, an equitable
adjustment shall be made under this clause and the contract modified in writing
accordingly.
Contractor recovers only for Type II (highly unusual) differing site conditions.
This clause provides recovery only for unusual conditions and is generally more difficult to
prove than Type I differing site condition.
Contractor shall promptly, and before the conditions are disturbed, give a written notice to
Owner of previously unknown physical conditions at or near the Job Site, of an unusual
nature, which differ materially from those ordinarily encountered and generally recognized
as inhering in Work of the character called for in the Contract Documents. Owner shall
investigate the site conditions promptly after receiving notice. If the conditions do
materially so differ and cause an increase or decrease in the cost to Contractor or the time
required for performing any part of the Work, whether or not changed as a result of the
conditions, an equitable adjustment shall be made under this clause and the Contract
modified in writing accordingly.
The US standard for differing site conditions uses a two-part test. The European standard
is simpler. Contractor is paid for "unforeseeable" conditions. Anything is unforeseeable if
not reasonably foreseeable by an experienced contractor. This clause follows the
European standard.
Contractor bears the full risk under this clause. But if discovery of differing site conditions
requires a change in plans or specifications, the contractor may still be entitled to extra
payment for the change.
Contractor agrees to bear the full risk of concealed or unknown conditions, if any, which
may be encountered in performing the contract. Contractor affirms that concealed or
unknown conditions shall not excuse the obligation of Contractor for full completion of the
Work within the Contract Time and shall not entitle Contractor to any adjustment of the
Contract Price.
Clauses with an owner bias limit or make more difficult claims for extra payment due to
differing site conditions.
Clauses with a contractor bias expand the meaning of differing site conditions or give the
contractor additional rights on discovery of differing site conditions.
This clause limits payment for differing site conditions. Risk of Contractor is capped at the
amount specified. Please specify the amount in the box below.
The equitable adjustment to the contract for differing site conditions shall not exceed $
(Amount) . Contractor agrees to bear the full cost of concealed or unknown conditions, if
any, which exceed this amount.
[Hide contract text]
Enter the value amount in dollars that recovery of differing site conditions is limited to.
Contractor won't claim extra pay for any site condition obvious when the contract is signed.
This clause prevents Contractor from claiming extra payment for site conditions that were
known or should have been known after reasonable investigation.
Contractor shall make no Claim for equitable adjustment due to differing site condition if
the site condition was known to Contractor at the time this contract was signed or would
have been known to Contractor had Contractor made a reasonable investigation of
conditions on and near the Job Site, including all available reports and tests,
environmental considerations, Code Requirements, climatic conditions, and other local
conditions that could affect cost to Contractor or duration of construction.
Contractor has no right to collect for work abandoned because of differing site conditions.
Differing site conditions may require a change in the work. If the change requires that
some completed work be abandoned, Owner receives no benefit and would prefer not to
pay for that work. This clause requires Contractor to carry the risk of abandoned work.
If, as a result of differing site conditions, some portion of the Work is abandoned and
Owner receives little or no benefit from the abandoned portion of the Work, an equitable
adjustment shall be made under this clause, relieving Owner of any obligation to pay for
the portion of the Work abandoned.
Contractor is required to give prompt written notice upon discovery of differing site
conditions.
No request by Contractor for an equitable adjustment to the contract under this clause
shall be allowed unless Contractor has given the written notice as required. In no case will
a request by Contractor for an equitable adjustment to the contract for differing site
conditions be allowed if made after final payment under this contract.
Recovery for differing site conditions can include both man-made and natural conditions.
Recovery for differing site conditions is limited to physical conditions, such as concealed
rock. This clause makes it clear that man-made conditions can also be the basis for a
claim for differing site conditions.
Both natural and man-made physical conditions, including asbestos, pollution and mold,
may form the basis for a Claim for equitable adjustment for differing site conditions.
Recovery for differing site conditions can include forces of nature such as bad weather.
Recovery for differing site conditions is limited to physical conditions and is generally
interpreted to exclude forces of nature. This clause makes it clear that forces of nature,
such as weather, can also be the basis for a claim for differing site conditions.
Physical conditions including weather, rising water, seismic activity, and other forces of
nature may form the basis for a Claim for equitable adjustment for differing site conditions.
Owner will issue a change order if differing site conditions require a change in the plans.
Contractor isn't required to do work different from what's in the contract documents.
Nothing in this contract shall require Contractor to undertake Work on (1) Subsurface or
latent physical conditions at or near the Job Site which differ materially from those
indicated in the Contract Documents, or (2) Unknown physical conditions at or near the
Job Site, of an unusual nature, which differ materially from those ordinarily encountered
and generally recognized as inhering in Work of the character called for in the Contract
Documents.
Errors in plans and specs are common. Contract documents (including construction
contracts) are patchwork, usually prepared by copying and pasting from other sources. It's
wise to resolve conflicts, ambiguities and omissions in the contract documents as early as
possible. No matter when the error is found, Contractor will need clarification.
The most common construction contract dispute concerns what's included in or excluded
from the contract documents. For example, plans and specifications seldom refer to items
such as framing nails, scaffolding or slab forms. But nails, scaffolding and forms are rightly
part of the job.
A narrow (literal) interpretation of what's included in the plans and specs favors
contractors. A broad interpretation of what's in the plans and specs favors owners. Under a
narrow interpretation, a home plan that omits the roof is a plan to build a home without a
roof. Under the broad interpretation, a contract based on the same home plan would be a
contract to build a home with a roof (of some type or description).
If the contract documents fail to identify or describe some detail or material, that detail or
material is not part of the job unless generally accepted trade practice would recognize
that detail or material as an essential element of good and skillful construction for work like
the Project. Only in that case will an omitted detail or material be deemed required by the
contract documents. Note that this standard is based on the opinion of other contractors
(not architects, engineers or owners) in the community.
Contractor will rely on the Contract Documents as the final authority on what is included in
the Project. The Contract Documents were created to identify the labor, material and
equipment required for proper completion of the Project. The Contract Documents are
defective if a reasonably skilled construction contractor doing Similar Work in the
community and following generally accepted trade practice could not use the Contract
Documents to identify each labor, material and equipment cost required to complete the
Project. Contractor bears no responsibility for defects in the Contract Documents.
This clause takes a much broader view - the intention of the owner and designer. The
contract becomes a command to Contractor to "understand what I mean even if I haven't
said it".
[Click to view contract text]