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Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of
<br />any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it.
<br />These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of
<br />discovering errors, omissions, or inconsistencies in the Contract Documents. however, any errors, inconsistencies or
<br />omissions discovered by the Contractor shall be reported promptly to the Architect as a request for information in
<br />such form as the Architect may require.
<br />§ 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the
<br />Architect, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and
<br />not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The
<br />Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes,
<br />ordinances, building codes, and rules and regulations, but any nonconformity discovered by or made known to the
<br />Contractor shall be reported promptly to the Architect.
<br />§ 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions
<br />issued by the Architect in response to the Contractor's notices or requests for information pursuant to Sections 3.2.1
<br />and 3.2.2, the Contractor shall make Claims as provided in Sections 4.3.6 and 4.3.7. If the Contractor fails to
<br />perform the obligations of Sections 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as
<br />would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the
<br />Owner or A rchitect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or
<br />for differences between field measurements or conditions and the Contract Documents unless the Contractor
<br />recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect.
<br />§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
<br />§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The
<br />Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences
<br />and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents
<br />give other specific instructions concerning these matters. If the Contract Documents give specific instructions
<br />concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the
<br />jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such
<br />means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods,
<br />techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner
<br />and Architect and shall not proceed with that portion of the Work without further written instructions from the
<br />Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or
<br />procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any
<br />resulting loss or damage.
<br />§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees,
<br />Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or
<br />on behalf of the Contractor or any of its Subcontractors.
<br />§ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that
<br />such portions are in proper condition to receive subsequent Work.
<br />§ 3.4 LABOR AND MATERIALS
<br />§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,
<br />materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other
<br />facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent
<br />and whether or not incorporated or to be incorporated in the Work.
<br />§ 3.4.2 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect
<br />and in accordance with a Change Order.
<br />§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other
<br />persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not
<br />skilled in tasks assigned to them.
<br />(nit. AIA Document A2017e —1997. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, i961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American
<br />Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 13
<br />reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the
<br />J maximum extent possible under the law. This document was produced by AIA software at 14:41:00 on 12110/2008 under Order No.1000375455_1 which
<br />expires on 1.0120,12009, and is not for resale.
<br />User Notes: (3925236195)
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