Orange County NC Website
Browse       Search
commencement of Work shall constitute a waiver of Contractor's right to seek additional ' <br /> compensation or damages for any alleged discrepancy later discovered by Contractor. <br /> 2. Contractor's Review of Contract Documents During Performance of Work. If, during the ' <br /> performance of the Work, Contractor discovers any conflict, error, ambiguity, or <br /> discrepancy within the Contract Documents, or between the Contract Documents and (a) <br /> any applicable Law or Regulation, (b) any standard, specification, manual, or code, or(c) ' <br /> any instruction of any Supplier, then Contractor shall promptly report it to Engineer in <br /> writing. Contractor shall not proceed with the Work affected thereby (except in an <br /> emergency as required by Paragraph 6.16.A) until an amendment or supplement to the ' <br /> Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. <br /> Contractor's failure to notify Engineer of any such discrepancy prior to commencement of <br /> Work shall constitute a waiver of Contractor's right to seek additional compensation or ' <br /> damages for any alleged discrepancy later discovered by Contractor. <br /> a. In the event Contractor determines that some aspect of the Contract Documents require ' <br /> clarification or interpretation by Engineer, Contractor shall submit a Request for <br /> Information (RFI) in writing to Engineer in a format provided by Engineer. RFIs may <br /> only be submitted by the Contractor and shall be in the form required by Engineer. ' <br /> Verbal RFI or a RFI presented on an unapproved form shall be rejected. Any delay <br /> caused by Engineer's refusal to accept a verbal RFI or a RFI presented on an unapproved <br /> form will be attributed solely to Contractor. Each RFI shall be limited to a single issue. , <br /> Information that is discernible from the Contract Documents as well as issues concerning <br /> construction means, methods, techniques, sequences or safety will not be addressed by <br /> Engineer. ' <br /> b. Contractor shall clearly and concisely state the issue for which clarification or <br /> interpretation is sought and why a clarification or interpretation is needed. The RFI ' <br /> process shall not be used by Contractor to seek approval for proposed "or-equal" or <br /> substitute materials or equipment. <br /> c. Engineer's review of or responses to RFIs shall not constitute an approval, direction, or ' <br /> procedure related to the construction means,methods,techniques, sequences, or safety. <br /> d. Responses to Contractor RFIs will not change any requirement of the Contract , <br /> Documents. In the event Contractor believes that a response to an RFI will cause a <br /> change in the Contract Price or Contract Time, Contractor shall give written notice of the , <br /> Claim to Engineer. <br /> e. If Contractor wishes to make Claim for an adjustment of the Contract Price or an ' <br /> extension of the Contract Times, or both, written notice as provided in Paragraph 10.05 <br /> shall be given before proceeding to execute the Work. Failure to give such written notice <br /> shall waive Contractor's right to seek an adjustment of the Contract Price or an extension ' <br /> of the Contract Times. <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract ' <br /> Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 10 of 81 <br />