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error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by
<br />Engineer, or by an amendment or supplement to the Contract Documents issued
<br />pursuant to Paragraph 11.01.
<br />2. Contractor's Review of Contract Documents: If, before or during the performance of
<br />the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within
<br />the Contract Documents, or between the Contract Documents and (a) any applicable
<br />Law or Regulation, (b) actual field conditions, (c) any standard specification, manual,
<br />reference standard, or code, or (d) any instruction of any Supplier, then Contractor
<br />shall promptly report it to Engineer in writing. Contractor shall not proceed with the
<br />Work affected thereby (except in an emergency as required by Paragraph 7.15) until
<br />the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or
<br />interpretation by Engineer, or by an amendment or supplement to the Contract
<br />Documents issued pursuant to Paragraph 11.01.
<br />3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict,
<br />error, ambiguity, or discrepancy in the Contract Documents unless Contractor had
<br />actual knowledge thereof.
<br />B. Resolving Discrepancies:
<br />1. Except as may be otherwise specifically stated in the Contract Documents, the
<br />provisions of the part of the Contract Documents prepared by or for Engineer shall
<br />take precedence in resolving any conflict, error, ambiguity, or discrepancy between
<br />such provisions of the Contract Documents and:
<br />a. the provisions of any standard specification, manual, reference standard, or code,
<br />or the instruction of any Supplier (whether or not specifically incorporated by
<br />reference as a Contract Document); or
<br />b. the provisions of any Laws or Regulations applicable to the performance of the
<br />Work (unless such an interpretation of the provisions of the Contract Documents
<br />would result in violation of such Law or Regulation).
<br />3.04 Requirements of the Contract Documents
<br />A. During the performance of the Work and until final payment, Contractor and Owner shall
<br />submit to the Engineer all matters in question concerning the requirements of the Contract
<br />Documents (sometimes referred to as requests for information or interpretation—RFIs), or
<br />relating to the acceptability of the Work under the Contract Documents, as soon as possible
<br />after such matters arise. Engineer will be the initial interpreter of the requirements of the
<br />Contract Documents, and judge of the acceptability of the Work thereunder.
<br />B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or
<br />decision on the issue submitted, or initiate an amendment or supplement to the Contract
<br />Documents. Engineer's written clarification, interpretation, or decision will be final and
<br />binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner,
<br />unless it appeals by filing a Claim.
<br />C. If a submitted matter in question concerns terms and conditions of the Contract
<br />Documents that do not involve (1) the performance or acceptability of the Work under the
<br />Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or
<br />otherwise), or (3) other engineering or technical matters, then Engineer will promptly give
<br />written notice to Owner and Contractor that Engineer is unable to provide a decision or
<br />interpretation. If Owner and Contractor are unable to agree on resolution of such a matter
<br />in question, either party may pursue resolution as provided in Article 12.
<br />EJCDC® C-700, Standard General Conditions of the Construction Contract.
<br />Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,
<br />and American Society of Civil Engineers. All rights reserved. Page 9 of 65
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