007 General Conditions of the Contract

7/23/2019 007 General Conditions of the Contract

1/21

1 General Conditions of the Contract

GENERAL CONDITIONS OF THE CONTRACT

1. DEFINITIONS:

1.1 The Contract Documents consist of the following:

a. The Invitation to Bidb. The Instructions to Biddersc. Statement of Workd. List of Owner Supplied Materialse. Materials Specification Sheetf. The General Conditions of the Contractg. General Specificationsh. The Contractor's Proposali. Breakdown of Value of Workj. The Letter of Acceptance/Letter of Intent of Awardk. The Owner-Contractor Agreementl. The Plansm. The Bid Bulletins, if any

Including all modifications thereof incorporated in the documents before their execution.

1.2 By OWNER is meant ----- and -----.By CONTRACTOR is meant the individual, firm,partnership, corporation or association that undertakes the construction and completionof the work hereinafter described. By ARCHITECT is meant Arch. ----- -----and wherethe sense of the context so requires, his duly authorized representative orrepresentatives. The Owner, the Contractor and the Architect are those mentioned assuch in the Agreement. They are treated throughout the Contract Documents as ifeach were of singular number and masculine gender.

1.3 The term SUBCONTRACTOR, as employed herein, refers only to those having a directcontract with the Contractor, including one who furnishes material worked to a specialdesign according to the plans and specifications of this work, but does not include one

who merely furnishes material not so worked.

1.4 The term WORK of the Contractor or Subcontractor includes labor/materials or both aswell as equipment, transportation or other facilities necessary to complete the Contract.

1.5 Written notice shall be deemed to have been duly served if delivered in person to theindividual or to a member of the firm to an officer of the corporation for whom it isintended or if delivered at or sent by registered mail to the last business address knownto him who gives the notice.

1.6 All time limits stated in Contract Documents are of the essence of the Contract.

1.7 The law prevailing in the locality of the building shall govern the construction of this

contract.


2/21


2. EXECUTION, CORRELATION AND INTENT OF DOCUMENTS:

2.1 The Contract Documents shall be signed by the Owner and the Contractor. Incase the Owner and the Contractor fail to sign the General Conditions, Plans orSpecifications, the Architect shall identify them.

2.2 The Contract Documents are complementary, and what is called for by any oneshall be as binding as if called for by all. The intention of the documents is toinclude all labor and materials, equipment and transportation necessary for theproper execution of the work. It is not intended, however, that materials or worknot covered by or properly inferable from any leading, branch, call or trade of theSpecifications be supplied unless distinctly so noted on the Plans. Materials orwork described in words which so applied, have a well-known technical or trademeaning, shall be held to refer to such recognized standards.

3. PLANS AND SPECIFICATIONS:

3.1 The Owner shall furnish the Contractor free-of-charged one (1) set of Plans andSpecifications for construction purposes only.

3.2 All plans, and detail drawings, are intended to correlate with the Specifications, toform a part thereof, and also to form a part of the Contract Documents. Wherefigures are given, they are to be followed in preference to measurements byscale. Anything shown on the Plans but not mentioned in the Specifications, orvice versa, or anything not expressly set forth in either but which is reasonablyimplied, shall be furnished as though specifically shown and mentioned in both,without any extra charge.

3.3 It shall be the duty of the Contractor to carefully examine, compare, and verifythe data furnished by the Plans and Specifications. Any doubt as to the meaningof the plans (including notes thereon) and the Specifications, or any obscurity asto the wording of the Specifications will be explained. All directions andexplanations necessary and proper to make more definite and certain any

requirements of the Plans (including notes thereon) or of the provisions of theSpecifications to give them due effect, will be given by the Architect.

3.4 In any case of discrepancy in the figures or drawings, the matter shall besubmitted immediately to the Architect, before any adjustments be made by theContractor save only at the latter's own risk and expense. The decision of theArchitect on the adjustment of discrepancies so as to confirm the real intent ofthe plans and specifications shall govern and shall be followed by the Contractorwithout extra charge.

4. DETAIL DRAWINGS AND INSTRUCTIONS:

4.1 The Plans referred to in these Specifications will be further supplemented by

necessary additional detail drawings and instructions essential to the properinterpretation of the Plans and the proper execution of the work. The Architectshall furnish, with reasonable promptness, such additional detail drawings andinstructions. All such additional detail drawings and instructions shall beconsistent with the Contract Documents, true developments thereof, andreasonably inferable there from. All such additional drawings and instructionsare to be considered of equal force as those, which originally accompany theSpecifications.


3/21


4.2 The work shall be executed in conformity with such detail drawings andinstructions; the Contractor shall do no work without proper drawings andinstructions.

4.3 The Contractor and the Architect, if either so requests, shall jointly prepare aschedule, subject to change from time to time, in accordance with the progress ofthe work, fixing the dates at which the various detail drawings will be required,and the Architect shall furnish them in accordance with that schedule. Under likeconditions, a schedule shall be prepared, fixing the dates for the submission ofthe shop drawings, for the beginning of manufacture and installation of materialsand for the completion of the various parts of the work.

5. SHOP DRAWINGS:

5.1 The Contractor shall prepare at his own expense and submit with suchpromptness as to cause no delay in his own work or in that of any othercontractor doing work on the same building, two (2) copies of all shop or settingdrawings templates, patterns, as well as schedules, required corrections,including all necessary corrections relating to artistic effect. The Contractor shallmake any corrections required by the Architect, file with him two corrected copies

and furnish such other copies as may be needed.

5.2 The Architect's approval of such drawings or schedule shall not relieve theContractor from responsibility for deviations from Plans, Specifications, or detaildrawings, unless he has in writing, called the Architect's attention to suchdeviations at the time of submission, nor shall it relieve him from responsibility forerrors of any sort in shop drawings or schedules.

6. OWNERSHIP OF PLANS AND MODELS:

6.1 The Plans, Specifications, perspectives and models, including all additional detaildrawings and instructions, and copies thereof, furnished for this work are theproperty of the Architect. They are not to be used on any other work, and with

the exception of the signed contract set, are to be returned to the OWNER onrequest, at the completion of the work, before final payment is made.

7. PLANS AND SPECIFICATIONS ON THE WORK:

7.1 The Contractor shall keep at the site of the work, in good order, one copy of allPlans and Specifications, including all detail drawings and instructions, availableto the Architect and to his representative.

8. MATERIALS AND WORK:

8.1 Unless otherwise stipulated, the Contractor shall provide and pay for allmaterials, labor, water, tools, equipment, light power, transportation and other

facilities necessary for the execution and completion of the work.

8.2 Unless otherwise specified, all materials shall be new. The quality of materialsshall be of the best grade of their respective kinds for the purpose. The workshall be performed in the best and most acceptable manner in strict accordancewith the requirements of the Plans and Specifications.

8.3 The decision of the Architect as to quality and quantity of work and material shallbe final and precedent to the Contractor's right to receive any money hereunder.


4/21


8.4 When the Contract contemplates the placing of materials in work, all acceptedmaterials shall be placed carefully and securely where directed by the Architect.When reinforcing bars for concrete structures are furnished, they shall be cut,bent and placed by the Contractor to conform to Plans and Specifications.

8.5 All materials and work must conform to all laws and regulations enforced in theplace of construction, notwithstanding, anything herein specified or provided thatmay be construed to the contrary.

9. SAMPLES OF AND INFORMATION ON MATERIALS:

9.1 When required by the Specifications, or when called for by the Architect, theContractor shall furnish for approval, full information and satisfactory evidence asto the kind and quality of materials or articles which he contemplatesincorporating in the work. The Contractor shall furnish for the Architect'sapproval all samples when so directed. The work shall be in accordance withapproved samples.

9.2 Materials and articles installed or used without such approval shall be at the riskof subsequent rejection.

10. PROTECTION OF MATERIALS, WORK AND PROPERTY:

10.1 The Contractor shall put up and continuously maintain adequate protection of allhis work from damage and shall protect the Owner's property, as well as allmaterials furnished and delivered to him by the Owner, from injury or loss arisingin connection with this Contract. He shall make good any such damage, injury orloss except such as may be caused by agents or employees of the Owner.

10.2 The Contractor shall adequately protect adjacent property as provided by lawand the Contract Documents. The construction, building, or work in addition toany neighboring property or building which may be jeopardized in any manner,must be thoroughly and substantially braced against winds, floods, settling,

falling, or like occurrences, and when necessary, covered and protected from sunand rain at the Contractor's expense. The Contractor shall be liable for alldamages occasioned in any manner by his acts or neglect, or of his agents,employees, or workmen.

10.3 If it is necessary in the prosecution of the work to interrupt or obstruct the naturalflow of rivers or streams, the drainage of the surface, or flow of artificial drains,the Contractor shall provide for the same during the progress of the work in sucha way that no damage shall result to either public or private interests. For anyneglect to provide for either natural or artificial drainage which he may beinterrupted, he shall be held liable for all damages which may result there fromduring the progress of the work.

22.7 In an emergency affecting the safety of life, of the work or of adjoining property,the Contractor, without special instructions or authorization from the Architect orOwner, is hereby permitted to act at his discretion, to prevent such threatenedloss or injury, and he shall so act without appeal, if so instructed or authorized.Any compensation claimed by the Contractor on account of emergency work,shall be determined by agreement or arbitration.


5/21


11. METHODS AND APPLIANCES:

11.1 The Contractor shall use such methods and appliances for the performance of allthe operations connected with the work embraced under this Contract, as willproduce a satisfactory quality of work and rate of progress which, in the opinionof the Architect, will insure the completion of the work within the contract time.

11.2 If, at any time before the commencement or during the progress of the work,such methods or appliances appear to the Architect to be inefficient orinappropriate for producing the quality of work required, or insuring the requiredrate progress, the Architect may order the Contractor to increase the rate of theirefficiency, or to improve their character, and the Contractor must comply withsuch order. Failure, however, of the Architect to demand such increases,efficiency or improvement of character of methods and appliances shall notrelieve the Contractor from his obligation to turn out such quality of work and rateof progress as are called for in this Contract.

11.3 The Contractor shall, if required, furnish to the Architect for approval, fullinformation and satisfactory evidence as to the name of the manufacturer of

machinery, mechanical or other equipment which he contemplates installing,together with their performance capacities and other pertinent information.

12. ROYALTIES AND PATENTS:

12.1 The Contractor shall pay all royalties and license fees. He shall defend all suitsor claims for infringement of any patent rights and shall save the Owner harmlessfrom loss on account thereof, except that the Owner shall be responsible for allsuch loss when a particular process or the product of a particular manufacturer ormanufacturer's specified, but if the Contractor has information that the process orarticles specified is in infringement of any patent he shall be responsible for suchloss unless he promptly gives such information to the Architect or Owner.

13. LABOR:

13.1 The Contractor shall at all times, employ such a force of competent workmen as,in the judgment of the Architect, shall be sufficient to ensure the completion ofthe work within the contract time, but in no case shall the Contractor violate anyof the visions of the Eight-Hour Labor Law, Act No. 4123, as amended by Act No.4242.

13.2 The Contractor shall at all times enforce strict discipline and good order amonghis employees and workmen.

13.3 The Contractor shall employ only competent and skillful men to do the work, andwhenever the Architect shall inform the Contractor in writing that any men on the

work are, in his opinion, unfaithful and disorderly, such men shall be dischargedfrom the work and not again be employed on it. Such discharge shall not formthe basis of any claim for compensation or damage upon the Owner.

14. SCHEDULE OF CONSTRUCTION WORK:

14.1 The Contractor shall, at such times as may be required by the Architect, submitschedules which shall show the order in which the Contractor proposes to carryout the work, with dates at which the Contractor will start the several parts of thework and estimated dates of completion of the several parts.


6/21


15. SURVEYS, PERMITS AND REGULATIONS:

15.1 The Owner shall furnish all relocation surveys unless otherwise specified.

15.2 The Contractor shall pay for all licenses, permits and all other applicable feesand taxes required to complete the construction, including the building permit andfinal certificate of occupancy.

15.3 The Contractor shall give all notices and shall comply with all the laws, city andmunicipal ordinances, and all Government rules and regulations, in so far as theyare binding upon or affect the parties hereto, the work, or those engagedthereon. If the Contractor observes that the drawings and specifications are atvariance therewith, he shall promptly notify the Architect in writing and anynecessary changes shall be adjusted as provided in the Contract for changes inthe work. If the Contractor performs any work, knowing it to be contrary to suchlaws, ordinances, rules and regulations, and without such notice to the Architect,he shall bear all costs arising there from.

16. INSPECTION OF WORK:

16.1 The Architect and his representatives shall, at all times, have access to the workwherever it is in preparation or progress and the Contractor shall provide facilitiesfor such access and for inspection.

16.2 If the specifications, the Architect's instructions, laws, ordinances or any publicauthority require any work to be specially tested or approved, the Contractor shallgive the Architect timely notice of its readiness for inspection, and if theinspection is by another authority than the Architect, of the date fixed for suchinspection. Inspections by the Architect shall be promptly made, and wherepracticable, at the source of supply. If any work should be covered up withoutapproval or consent of the Architect, it must, if required by the Architect, beuncovered for examination at the Contractor's expense.

16.3 The Contractor shall furnish promptly, without additional charge, all reasonablefacilities, labor, and materials necessary for the safe and convenient inspectionand test that may be required by the Inspector. All inspections and tests shall beperformed in such a manner as not to unnecessarily delay the work. Special, fullload and performance tests shall be as described in the Specifications. TheContractor shall be charged for any additional cost of inspection when materialand workmanship are not ready at the time inspection is requested by theContractor.

16.4 Should it be considered necessary or advisable by the Architect at any timebefore final acceptance of the entire work, to make an examination of the workalready completed, remove or tear out same, the Contractor shall, on request,promptly furnish all necessary facilities, labor, and material. If such work is found

to be defective in any material respect, due to the fault of the Contractor or hissubcontractors, he shall defray all expenses of such examination and ofsatisfactory reconstruction. If, however, such work is found to meet therequirements of the Contract, the actual cost of labor and material necessarilyinvolved in the examination and replacement, plus 15 percent, shall be allowedthe Contractor and he shall, in addition, if completion of the work has beendelayed thereby, be granted a suitable extension of time on account of theadditional work involved.


7/21


16.5 Defective work and material may be condemned by the Architect at any timebefore the final acceptance of the work. When such work has been condemnedit shall be taken out immediately by the Contractor and rebuilt in accordance withthe Plans and Specifications. When defective materials have been condemned,they shall be removed at once by the Contractor from the line of the work.

16.6 Failure or neglect on the part of the Architect, or any of his agents, to condemn orreject bad or inferior work or materials shall not be construed to imply anacceptance of the work of the same, if such bad or inferior work or materials arediscovered at any time prior to the final acceptance of the work by the Owner andthe release of the Contractor.

17. SUPERINTENDENCE AND SUPERVISION:

17.1 The Contractor, if he supervises the work personally, must be a licensedengineer or architect; otherwise he must have in his employ, a licensed engineeror architect; acceptable to the Architect, who will supervise the work personallyand inspect the project every working day and make the necessary certificationas Concrete Inspector of the project, as required by the local authorities.

17.2 The Contractor shall keep on his work, during its progress, a competent ProjectEngineer or Superintendent and any necessary assistants, all satisfactory to theArchitect. The Project Engineer or Superintendent shall not be changed exceptwith the consent of the Architect, unless the Project Engineer or Superintendentproves to be unsatisfactory to the Contractor and ceases to be in his employ.The Project Engineer or Superintendent shall represent the Contractor in hisabsence and all directions given to him shall be as binding as if given to theContractor. Important directions shall be confirmed in writing to the Contractor.Other directions shall be so confirmed on written request in each case.

17.3 The Contractor shall give efficient supervision to the work, using his best skill andattention. He shall carefully study and compare all drawings, specifications and

other instructions and shall at once report to the Architect any error,inconsistency or omission which he may discover, however, the Contractor shallnot be held responsible for their existence or discovery.

18. LAYING OUT THE WORK:

18.1 The Contractor shall engage the services of a licensed surveyor to lay out thelines and grades of the work under the supervision of the Architect. TheContractor shall be guided by such lines and grades given and approved by theArchitect.

18.2 The Contractor shall check all the dimensions as a whole and in detail, andbecome responsible for the extent, position and elevation of all the parts of the

work. All stakes, bench marks, etc., placed by the Contractor in laying out thework, under the supervision of an with the approval of the Architect, shall becarefully guarded and preserved by the Contractor. In case such stakes ormarks are displaced or rendered useless through the carelessness or neglect ofthe Contractor or of his agent, employees, or workmen, they should be replacedby the Contractor at his own expense.


8/21


19. USE OF PREMISES:

19.1 The Contractor shall confine his apparatus, storage of materials and theoperations of his workmen to limits indicated by law, ordinances, permits ordirections of the Architect and shall not unreasonably encumber the premiseswith his materials.

19.2 The Contractor shall not load or permit any part of the structure to be loadedwith a weight that will endanger its safety. The Contractor shall enforce theArchitect's instructions regarding signs, advertisements, fires and smoking.

19.3 All old materials of value, found by the Contractor upon the work, shall becarefully piled where designated by the Architect; the Contractor shall beresponsible for the same until final acceptance of the work.

19.4 The Contractor shall maintain such sanitary and other essential services, such aslatrines, drinking water, first-aid station, etc. for his staff and workmen at theconstruction site, the minimum requirements therefore, as well as their location,to be determined by the Architect.

20. CHANGES IN THE WORK:

20.1 The Owner may at any time, without invalidating the Contract and without noticeto the sureties, order extra work or make changes by altering, adding to, ordeducting from the work, as covered by the Plans and Specifications of theContract and within the General scope thereof. Such changes shall be orderedby the Owner in writing, and no change or omission from the Plans andSpecifications shall be considered to have been authorized without writteninstructions signed by the Owner.

20.2 If, during the progress of the work, subsurface and/or latent conditions at the sitematerially different from those shown on the Plans or indicated in theSpecifications are discovered or encountered, the attention of the Owner shall be

called immediately to such conditions before they are disturbed. The Architectshall thereupon promptly investigate the conditions, and if he finds that theymaterially differ from those shown on the Plans or indicated in the Specifications,he shall at once, with the approval of the Owner, make such changes in thePlans and Specifications as he may find necessary.

20.3 All such work shall be executed under the conditions of the original Contract. Ifsuch changes cause an increase or decrease in the amount due under thisContract or in the time required for its performance, an equitable adjustment shallbe made and the Contract shall be modified in writing, accordingly. The expressconsent of the sureties shall be obtained in writing. In the event that the workinvolved is increased by such changes, the Contractor shall furnish proportionateadditional performance bond.

20.4 Except in an emergency endangering life or property, no extra work or changeshall be made unless in pursuance of a written order from the Owner signed orcountersigned by the Architect or a written order from the Architect stating thatthe Owner has authorized the extra work or change. No claim for an addition tothe Contract Sum shall be valid unless so ordered.

20.5 The value of any such extra work or change shall be determined in any one ormore of the following ways:


9/21


a. By estimate and acceptance in lump sum.b. By unit prices named in the Contract and subsequently agreed upon.c. By cost and percentage or by cost and a fixed fee.

If none of the above methods is agreed upon, the Contractor, provided hereceives an order as above, shall proceed with the work. In such case and alsounder case (c), he shall keep and present in such form as the Architect maydirect, a correct account of the cost, together with vouchers. In any case, theArchitect shall certify to the amount, including reasonable allowances foroverhead and profit due to the Contractor. Pending final determination of value,payments on account of changes shall be made on the Architect's certificate.

20.6 Any claim for adjustment involving questions of fact must be asserted within tendays from the date the change is ordered, unless the Architect shall for propercause, extend such time. Except as otherwise specifically provided in theContract, all disputes concerning questions of a fact arising under this Contractshall be decided by the Architect or his duly authorized representative; nothing,however, provided in the preceding paragraphs 19.1, 19.2, 19.3 and 19.4 shallexcuse the Contractor from proceeding with the prosecuting of the work sochanged.

20.7 In giving instructions, the Architect shall have the authority to make minorchanges in the work, not involving extra cost, and not inconsistent with thepurposes of the building.

20.8 In case any extra work shall be required in the proper performance of the workcontemplated under this contract, it is understood that if the Contractor and theOwner fail to arrive at any agreement as to the price of such extra work, theOwner reserves the right to have such extra work done by any other person, firmor corporation than the said Contractor, or to perform the same by day laborunder the charge and supervision of the Architect.

20.9 Should the Owner award extra work or other contract for additional work to any

other person, firm or corporation, the Contractor agrees that he will not in anyway interfere with or molest such person, firm, or corporation, and that he willsuspend such part of the work herein specified or will carry on the same in sucha manner as may be ordered by the Architect, so as to afford all reasonablefacilities for doing such work.

The Contractor shall be entitled to no claim for damages or to any privileges orrights other than expressed by this Contract by reason of the suspension tofacilitate such work, except to an extension of the time for the completeperformance of this Contract.

21. CLAIMS FOR EXTRA COST:

21.1 If the Contractor claims that any instructions by drawings or otherwise, involveextra cost under this Contract, he shall give the Architect written notice thereofwithin seven (7) working days after the receipt of such instruction, and in anyevent before proceeding to execute the work, except in emergency endangeringlife or property, and the procedure shall be as provided for changes in the work.No such claim shall be valid unless so made.


10/21


22. TIME OF COMPLETION:

22.1 The Contractor shall commence the work herein contracted to be done within thestipulated calendar days from the date he signs the Owner-ContractorAgreement. The rate of progress of his work shall be such as, in the opinion ofthe Architect, will insure completion of the work within the time specified in theContract. If the Contractor undertakes actual construction on the proposed work,including the delivery of equipment of materials (in the case of contract forfurnishing materials) or the performance of any other kind of work whatsoever,before he signs the Owner-Contractor Agreement, he does so at his personalrisk, unless he has received a duly signed copy of letter of intent of award.

22.2 Unless extraordinary and unforeseen events or conditions supervene, theContract time stipulated in this Contract for the completion of the work shall notbe exceeded.

22.3 Should the Contractor be obstructed or delayed in the prosecution or completionof the work by the act, neglect, delay, or default of the Owner or the Architect, orany other contractor employed by the Owner on the work, or by strikes, fire,flood, lighting, earthquakes, or typhoons, by abandonment of the work by

employees, by act of the Owner, by unavoidable calamity, through no fault ornegligence of the Contractor, or by delay authorized by the Architect pendingarbitration, then the Architect, with the approval of the Owner may waive the timelimit and permit the Contractor to finish the work within a reasonable period, to bedetermined by the Architect.

Provided, however, that no such extension of time shall be granted for anyalleged failure of the Owner to furnish materials or information, unless they berequired in the proper prosecution of the work, in the order prescribed by theArchitect and unless the Contractor shall have made written request for them atleast fourteen (14) working days before they are actually needed. Provided,further, that the WRITTEN CONSENT OF THE BONDSMEN must be attached toany request of the Contractor for an extension of time and submitted to the

Owner for consideration.

And provided, further, that no such extension shall be made for delay occurringmore than seven (7) days before claim therefore is made in writing to theArchitect.

22.4 If no schedule or agreement stating the dates upon which drawings shall befurnished is made, then no claim for delay shall be allowed on account of failureto furnish drawings until two (2) weeks after demand for such drawings and notthen unless such claim be reasonable.

22.5 The Contractor shall not be entitled to any damages for any hindrance or delaydue to any cause whatsoever in the progress of the work, but said hindrance may

entitle the Contractor to an extension of time for completing the Contract asherein provided.

22.6 If the work is interrupted for any reason, it must be promptly resumed upon theremoval or cessation of the cause of delay.

22.7 The Contractor shall give written notice to the Architect at least ten (10) workingdays prior to beginning, suspending (except in case of accident), or resuming thework, to the end that the Architect may make the necessary preparations forinspection without delaying the work. All delays or losses resulting from failure of


11/21


the Contractor to give such notice will be at the Contractor's risk; and all extracost to the Owner for such delays (said cost to be determined by the Architect)shall be deducted from the final payment.

23. DEDUCTIONS FOR UNCORRECTED WORK:

23.1 If the Architect and Owner deem it inexpedient to correct work injured or done notin accordance with the Contract, an equitable deduction from the contract pricemust be made therefore.

24. CORRECTION OF WORK BEFORE FINAL PAYMENT:

24.1 The Contractor shall promptly remove from the premises all materialscondemned by the Architect as failing to conform to the Contract, whetherincorporated in the work or not, and the Contractor shall promptly replace and re-execute his work in accordance with the Contract and without expense to theOwner and shall bear the expenses of making good all work of other contractorsdestroyed or damaged by such removal or replacement.

24.2 If the Contractor does not remove such condemned work and materials within areasonable time, fixed by written notice, the Owner may remove them and maystore the material at the expense of the Contractor. If the Contractor does notpay the expenses of such removal within ten (10) days time thereafter, theOwner may, upon ten (10) days written notice, sell such materials at auction or atprivate sale and shall account for the net proceeds thereof, after deducting all thecosts and expenses that should have been borne by the Contractor.

25. CORRECTION OF WORK AFTER FINAL PAYMENT:

25.1 Neither the final certificate, nor payment, nor any provision in the ContractDocuments shall relieve the Contractor of the responsibility for faulty materials or

workmanship and, unless otherwise specified, he shall remedy any defects duethereto and pay for any damage to other work resulting there from, which shallappear within a period of one (1) year from the date of substantial completion.

25.2 The Owner shall give notice of observed defects with reasonable promptness.All questions arising under this article shall be decided by the Architect, subjectto arbitration.

26. THE OWNER'S RIGHT TO DO WORK:

26.1 If the Contractor should neglect to execute the work properly or fail to performany provision of this contract, the Owner, after three (3) days written notice to theContractor may, without prejudice to any other remedy he may have, make good

such deficiencies and may deduct the cost thereof from the payment then orthereafter due the Contractor, provided, however, that the Architect shall approvesuch action and amount charged to the Contractor.

27. OWNERS RIGHT TO TERMINATE CONTRACT:

27.1 If the Contractor should be adjudged bankrupt, or if he should make a generalassignment for the benefit of his creditors, or if a receiver should be appointed onaccount of his insolvency, or if he should persistently or repeatedly refuse or


12/21


should fail, except in cases for which extensions of time is provided, to supplyenough properly skilled workmen or proper materials, or if he should fail to makeprompt payment to subcontractors or for material or labor, or persistentlydisregard laws, ordinances or the instructions of the Architect, or otherwise beguilty of a substantial violation of any provision of the Contract, then the Owner,upon the certificate of the Architect that sufficient cause exists to justify suchaction, may, without prejudice any other right or remedy and after giving theContractor seven (7) days written notice, terminate the employment of theContractor and take possession of the premises and of all materials, tools andappliances thereon and finish the work by whatever method he may deemexpedient. In such case the Contractor shall not be entitled to receive any furtherpayment until the work is finished.

27.2 If the unpaid balance of the Contract Sum shall exceed the expense of finishingthe work including compensation for additional managerial and administrativeservices, such excess shall be paid to the Contractor. If such expense shallexceed such unpaid balance, the Contractor shall pay the difference to theOwner.

27.3 The expense incurred by the Owner as herein provided, and the damage

incurred through the Contractor's default shall be certified by the Architect.

28. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT:

28.1 If the work should be stopped under an order of any court or other publicauthority, for a period of three (3) months, through no act or fault of theContractor or of anyone employed by him, or if the Architect should fail to issueany certificate for payment within seven (7) days after it is due, or if the Ownershould fail to pay to the Contractor within fourteen (14) days after it is due, or ifthe Owner should fail to pay the Contractor within fourteen (14) days of itsmaturity and presentation, any sum certified by the Architect or awarded byarbitrators, then the Contractor may, upon seven (7) days' written notice to theOwner and the Architect, stop work or terminate the Contract and recover from

the Owner payment for all work executed and any loss sustained upon any plaintor materials and reasonable profits and damages.

29. SEPARATE CONTRACTS:

29.1 The Owner reserves the right to let other contracts in connection with this work.The Contractor under this Contract shall afford other contractors reasonableopportunity for the introduction and storage of their materials and the executionof their work, and shall properly connect and coordinate his work with theirs.

29.2 If any part of the Contractor's work depends for proper execution or results uponthe work of any other contractor, the Contractor shall inspect and promptly reportto the Architect any defects in such work that render it unsuitable for such proper

execution and results. His failure so to inspect and report shall constitute anacceptance of the other contractor's work as fit and proper for the reception of hiswork except as to defects which may develop in the other contractor's work afterthe execution of his work.

29.3 To ensure the proper execution of his subsequent work, the Contractor shallmeasure work already in place and shall at once report to the Architect anydiscrepancy between the executed work and the drawings.


13/21


30. SUBCONTRACTS:

30.1 It is understood and agreed that the entire work called for by this Contract shallnot be sublet or subcontracted and that no part thereof may be sublet orsubcontracted without the express prior authorization of the Architect, and that asubcontract, even if authorized, shall not be so understood as to relieve theContractor and his bondsmen from their obligation and responsibility to theOwner for the satisfactory completion of the work and for the payment for thewages of laborers and for materials furnished for the work.

30.2 The Contractor shall, as soon as practicable after the execution of thecontract, notify the Architect in writing of the names of subcontractors proposedfor the principal parts of the work and for such others as the Architect may directand shall not employ any that the Architect may, within a reasonable time objectto as incompetent or unfit.

30.3 If the Architect notifies the Contractor in writing that any subcontractor isunacceptable and the Contractor should thereafter accept and use on the job,work or labor furnished by such unacceptable subcontractor, then the value ofsuch work or labor so used shall be deducted from the contract price of the job.

30.4 Nothing contained in the Contract Documents shall create any contractualrelation between any subcontractor and the Owner.

30.5 The Contractor agrees that he is as fully responsible to the Owner for the actsand omissions of his subcontractors and of persons either directly or indirectlyemployed by them, as he is for the acts and omissions of persons directlyemployed by him.

31. RELATION TO OTHER CONTRACTORS:

31.1 The Contractor shall, as far as possible, arrange his work and dispose of hismaterials so as not to interfere with the work or storage of materials of other

contractors engaged upon the work. He shall also join his work to that of othersin proper manner, and in accordance with the spirit of the Plans andSpecifications, and perform his work in the proper sequence in relation to that ofother contractors, and as may be directed by the Architect.

32. MUTUAL RESPONSIBILITY OF CONTRACTORS:

32.1 Should the Contractor cause damage to any separate contractor on the work,the Contractor agrees, upon due notice, to settle with such contractor byagreement or arbitration, if he will so settle. If such separate contractor suesthe Owner on account of any damage alleged to have been so sustained, theOwner shall notify the Contractor, who shall defend such proceedings at theOwner's arise there from the Contractor shall pay or satisfy and pay all costs

incurred by the Owner.

33. CUTTING, PATCHING AND DIGGING:

33.1 The Contractor shall do all cutting, fitting or patching of his work that may berequired to make its several parts come together properly and fit it to receive orbe received by work of and other contractors shown upon, or reasonably impliedby the Plans and Specifications for the completed structure, and shall make goodafter them as the Architect may direct.


14/21


33.2 Any cost caused by defective or ill-timed work shall be borne by the partyresponsible therefore. The Contractor shall not endanger any work by cutting,digging, or otherwise, and shall not cut or alter the work of any other contractorsave with consent of the Architect.

34. APPLICATION FOR PAYMENTS:

34.1 The Contractor shall submit to the Architect an application for each payment, andif required, receipts or other vouchers, showing his payments for materials andlabor, including payments to subcontractors.

34.2 If payments are made on valuation of work done, such application shall besubmitted at least five (5) days before each payment falls due, and if required,the Contractor shall, before the first application, submit to the Architect aschedule of values of the various parts of the work, including quantities,aggregating the total sum of the Contract, divided so as to facilitate payments tosubcontractors, made out in such form as the Architect and the Contractor mayagree upon, and, if required, supported by such evidence as to its correctness asthe Architect may direct. This schedule, when approved by the Architect, shallbe used as a basis of payment, unless it be found to be in error. In applying for a

payment, the Contractor shall submit a statement based upon this schedule, and,if required, itemized in such form and supported by such evidence as theArchitect may direct, showing his right to the payment claimed.

34.3 If payments are made on account of materials delivered and suitable, stored atthe site but not incorporated in the work, they shall, if required by the Architect,be conditional upon submission by the Contractor of bills of sale or such otherprocedure as will establish the Owner's title to such material or otherwiseadequately protect the Owner's interest.

35. CERTIFICATES OF PAYMENT:

35.1 If the Contractor has made application as above, the Architect, shall not later

than the date when each payment falls due, issue to the Contractor a certificatefor such amount as he decides to be properly due.

35.2 The Architect shall, once a month, on or about the last day of each month, makean estimate in writing of the amount of work done to said date, and of the valuethereof, according to the terms of the Contract. The first such estimate shall beof the amount of quantity and value of the work done since the contractorcommenced the performance of this Contract, and every subsequent estimate(except the final one) shall be of the amount or quantity and value of the workdone since the last preceding estimate was made. Such estimates of theArchitect shall be final and conclusive evidence of the amount of work performed,and shall be taken as the basis for the full measure of compensation to bereceived at the time by Contractor. Such preliminary estimates of amount and

quantity shall not be required to be made by strict measurement or withexactness, but they may, at the option of the Architect, be approximate only andshall conform to the agreed Schedule of Work and Payments.

35.3 Payments will be made only upon satisfactory completion of each stage of workas stipulated in the Schedule of Work and Payments. Upon such schedule, theOwner shall pay to the Contractor a sum equal to ninety percent (90%) thereofup to and until such time as the total work shall have been completed or thecontract canceled, as herein provided.


15/21


35.4 No certificate issued nor payment made to the Contractor, nor partial or entireuse or occupancy of the work by the Owner, shall be an acceptance of any workor materials not in accordance with this Contract. The making and acceptance ofthe final payment shall constitute a waiver of all claims by the Owner, other thanthose arising from unsettled liens, from faulty work appearing after final paymentor from requirement of the Specifications, and of all claims by the Contractor,except those previously made and still unsettled.

35.5 Whenever this Contract, in the opinion of the Architect, shall be completelyperformed on the part of the Contractor, the Architect shall proceed promptly tomeasure the work, shall make the final estimates, shall certify as to thecompletion of work, and accept the same. The Owner shall then, excepting forcauses herein specified, pay to the Contractor promptly, after the execution ofsaid certificate, the remainder which shall be found due, excepting there fromsuch sum or sums as may be lawfully retained any of the provisions of thisContract; PROVIDED THAT FINAL PAYMENT ON THE CONTRACT SHALLNOT BE MADE UNTIL THE CONTRACTOR HAS SUBMITTED A STATEMENTSWORN TO BEFORE AN OFFICER DULY AUTHORIZED TO ADMINISTEROATH SHOWING THAT ALL TAXES DUE FROM HIM, AND ALL OBLIGATIONSFOR MATERIALS USED AND LABOR EMPLOYED IN CONNECTION WITH

THIS CONTRACT HAVE BEEN DULY PAID; and PROVIDED, FURTHER, Thatnothing herein contained shall be construed to waive the right of the Architecthereby reserved to reject the whole or any portion of the aforesaid work, shouldthe same be found to have been construed in violation of the plans andspecifications or of any of the conditions or covenant-of this Contract.

36. PAYMENTS WITHHELD:

36.1 The Architect may withhold or, on account of subsequently discovered evidence,nullify the whole or a part of any certificate to such extent as may be necessaryto protect the Owner from loss on account of:

a. Defective work not remedied.

b. Claims filed or reasonable evidence indicated probable filing of claims.c. Failure of the Contractor to make payments properly to subcontractors or for

material or labor.d. A reasonable doubt that the Contract can be completed for the balance then

unpaid.e. Damage to another contractor.

When the above grounds are removed, payments shall be made for amountswithheld because of them.

37. UNPAID CLAIMS:

37.1 The Contractor shall pay punctually the workmen employed on the work and the

persons furnishing material therefore, and deliver the work free from all claims ofany description. If required, he shall furnish the Owner with a statement sworn tobefore an officer duly authorized to administer oath that all persons who havedone work or furnished materials under this contract, and shall have filed anyaccount of such claims with said Owner, have been fully paid and in such caseevidence not be furnished as aforesaid, such amount as said, Owner mayconsider necessary to meet the lawful claims of the persons aforesaid shall bededucted from the money due to said Contractor, and shall not be allowed untilthe liabilities aforesaid shall have been fully discharged and the evidence thereoffurnished said Owner or until their lack of equity has been established. If such


16/21


written evidence is not furnished before the final payment under this Contractfalls due, said Owner may pay such lawful claims in whole or in part to person orpersons, firm or corporation claiming the same, and charge the amount thus paidto said Contractor, who shall accept the same as payment from the amount dueon this Contract.

38. PAYMENTS OVER 65 PERCENT:

38.1 No payment shall be made on contracts in excess of sixty-five percent (65%) ofthe contract price, unless a statement sworn to before an officer duly authorizedto administer oath is submitted by the Contractor to the effect that all bills forlabor, other than current wages, and all bills for materials have been duly paid bythe Contractor and his subcontractor, if any, excepting only such bills as may beenumerated in such sworn statement.

39. RESPONSIBILITY FOR ACCIDENTS AND DAMAGES:

39.1 The Owner shall NOT BE RESPONSIBLE for the death contracted or injuryreceived by the Contractor or by any employee or laborer of the Contractor, forthe Contractor's plant or material, for any damage done by or to them from any

source or cause, and damages caused by the Contractor or by his employees toany property of the Owner shall at once be repaired by the Contractor at his ownexpense, and to the satisfaction of the Architect, whose decision as to suchmatters shall be final. And in the event of failure of the Contractor to repairat once such damages the Owner may repair the same and deduct the entirecost of such repairs from the payments due to the Contractor.

39.2 The Contractor shall take all necessary precautions for the safety of employeesand workmen on the work and shall comply with all applicable provisions of city,municipal and national safety laws and building codes and all government rulesand regulations, to prevent injury to persons on, about or adjacent to thepremises where work is being performed. The Contractor shall erect andproperly maintain at all times, as required by the conditions and progress of the

work, such barriers, lights, danger signs and necessary safeguards, as willprotect workmen and the public and as will prevent any accident in consequenceof his work.

39.3 The Contractor shall designate a responsible member of his organization on thework, whose duty shall be the prevention of accidents. The name and position ofthe person so designated shall be reported to the Architect by the Contractor.

40. CONTRACTOR'S LIABILITY INSURANCE:

40.1 The Contractor shall maintain such insurance as will protect him from claimsunder workmen's compensation acts and from any other claims for damages forpersonal injury, including death, which may arise from operations under this

Contract, whether such operations be by himself or by any subcontractor oranyone directly or indirectly employed by either of them. Certificates of suchinsurance shall be filed with the Owner, if he so requires, and shall be subject tohis approval for adequacy of protection.

41. OWNER'S LIABILITY INSURANCE:

41.1 The Owner shall be responsible for, and at his option, may maintain suchinsurance as will protect him from his contingent liabilities for damages, for


17/21


personal injury, including death, which may arise from operations under thisContract.

42. GUARANTEE BONDS:

42.1 The Contractor, prior to signing the Contract, shall furnish a performance bondequal to twenty per cent (20%) of the contract amount for the faithfulperformance of his work and twenty per cent (20%) payment bond coveringpayments and obligations arising from his Contract. Such bonds shall be in theforms of securities as approved by the Owner. Such bonds shall be effectivewithin a period of six (6) months after due acceptance of the work by the Owneror his duly authorized representative.

43. ABANDONMENT:

43.1 It is understood that, in case of failure on the part of the Contractor to completethe Contract as herein specified and agreed upon, or if the work to be doneunder this Contract be abandoned by the Contractor, or if this Contractor, or ifthis Contract be assigned by the Contractor otherwise than herein specified or ifat any time the Architects is of the opinion, after verifying the facts, that the work

is unnecessarily or unreasonably delayed, or that the Contractor is willfullyviolating any of the conditions, covenants, and agreements of this Contract, or isnot executing said Contract in good faith, or is not making such progress in theexecution of the work as to insure its completion within the required time,then, in any of these cases, the Owner shall have the power to rescind thisContract by giving notice in writing to that effect to the Contractor and hisbondsmen.

43.2 Upon giving such notice, the Owner shall then take over the work and proceed tocomplete the same by administrative or otherwise, and use such tools,appliances and materials of every description as may be found upon the line ofsaid work or at points where material is built or framed for the work and alsoprocure such other tools and materials for the completion of the work as may be

required.

43.3 It is agreed and understood that, upon such rescission of the Contract, theArchitect will ascertain and fix the value of the work completed by the Contractorand not paid for by the Owner and of all usable materials on the line of the worktaken over by the Owner at the time of said rescission.

43.4 In the event that the total expenditures of the Owner on completion of the work,including all charges against the project prior to rescission of the Contract, arenot in excess of the contract price, then the difference between the said totalexpenditures of the Owner and the contract price may be applied, to settle claimsfiled under paragraph 37, and the balance, if any, may be paid to the Contractor,but no amount in excess of the combined value of the unpaid completed work,

retained percentage and usable materials taken over by the Owner at the time ofthe rescission of the Contract shall be so paid, nor shall any claim for prospectiveprofits on the work done after rescission of the Contract be considered orallowed.

43.5 The Contractor and his sureties shall be liable to the Owner for any costoccasioned the Owner in excess of the contract price.


18/21


43.6 Neither an extension of time nor the acceptance of any part of the work called forin the Contract shall be deemed a waiver by the Owner of the right to abrogatethe contract for any of the cases expressly provided in paragraph 40.1.

44. LIENS:

44.1 Neither the final payment nor any part of the retained percentage shall becomedue until the Contractor, if required, shall deliver to the Owner a complete releaseof all liens arising out of this Contract, or receipts in full, in lieu thereof and, ifrequired in either case, and affidavit that so far as he has knowledge orinformation the releases and receipts include all the labor and material for whicha lien could be filed but the Contractor may, if any subcontractor refuses tofurnish a release or receipt in full, furnish a bond satisfactory to the Owner, toindemnify him against any lien. If any lien remains unsatisfied after all paymentsare made, the Contractor shall refund to the Owner all money that the latter maybe compelled to pay in discharging such lien, including all costs and areasonable attorney's fee.

45. ASSIGNMENT:

45.1 This Contract shall not be assigned to any other party or parties, nor shall thisContract be sublet as a whole, nor shall the Contractor assign any money due orto become due to him hereunder, without the previous written consent of theOwner.

45.2 In case of any such transfer without the previous written consent of the Owner,the Owner may refuse to carry out the Contract either with the transferee but allrights of action for any breach of this Contract by the Contractor shall bereserved to and remain within said Owner.

46. CLEANING UP:

46.1 The Contractor shall at all times keep the premises free from accumulations of

waste material or rubbish caused by his employees or work, and at thecompletion of the work he shall remove all his rubbish from and about thebuilding and all his tools, scaffolding and surplus materials and shall leave hiswork "broom clean" or its equivalent, unless more exactly specified. In case ofdispute the Owner may remove the rubbish and charge the cost to the severalcontractors as the Architect shall determine to be just.

47. DISPUTES:

47.1 The Architect shall, within a reasonable time, make decisions on all claims of theOwner or Contractors and on all matters relating to the execution and progress ofthe work or the interpretation of the Contract Documents.

47.2 Except as otherwise specifically provided in this Contract, all disputes concerningquestions of fact arising under this Contract shall be decided by the Architectwhose decision shall be final and conclusive upon the parties thereto as toquestions of fact.

47.3 The Architect's decisions, in matters relating to artistic effect, shall be final, ifwithin the terms of the Contract Documents.


19/21


48. ARCHITECT'S STATUS:

48.1 The Architect shall have general supervision and direction of the work. He is theagent of the Owner to the extent provided in the Contract Documents and whenin special instances he is authorized by the Owner so to act, and in suchinstances he shall upon request, show the Contractor written authority. He hasauthority to stop the work whenever such stoppage may be necessary to ensurethe proper execution of the Contract.

48.2 As the Architect is, in the first instance, the interpreter of the conditions of theContract and the judge of its performance, he shall side neither with the Ownernor with the Contractor, but shall use his powers under the Contract to enforce itsfaithful performance by both.

49. TEMPORARY BARRICADES AND GUARD LIGHTS:

49.1 The Contractor shall furnish and put up all temporary barricades and guard lightsnecessary for the protection, proper prosecution and completion of the work.The guard lights at the top of the false work tower, barricades, railings, etc., shallbe provided and maintained by the Contractor throughout the project.

50. TEMPORARY OFFICE AND CONTRACTOR'S BUILDING:

50.1 The Contractor shall at all times provide and maintain adequate weather tighttemporary office with water, light, telephone and toilet facilities for the use of theresident engineers, inspectors, contractors, and subcontractors. This office shallbe provided with wooden floor raised above the ground, windows, doors andlocks, tables, benches and racks for drawings. Submit sketch and location to theArchitect for approval before construction.

50.2 The temporary buildings for housing workmen, or the erection of tents or otherforms of protection will be permitted only at such places as the Owner and/orArchitect shall provide; the sanitary condition of the grounds in or about such

structures shall at all times be maintained in a manner satisfactory to the Ownerand/or Architect. NOBODY IS ALLOWED TO SLEEP AND/OR COOK WITHINTHE BUILDING LINE OF THE PROJECT UNDER CONSTRUCTION.

51. TEMPORARY TOILETS AND NECESSARY SANITARY CONVENIENCES:FIRST AID STATION

51.1 The Contractor shall provide, construct and maintain for the duration of thecontract, ample sanitary toilet accommodations and other necessaryconveniences including water connections for the use of personnel and laborerson the work, properly secluded from public observation, in such a manner and atsuch points as shall be approved by the Architect, and their use shall be strictlyenforced. He shall keep such places clean and free from flies; remove all

connections and appliances connected therewith prior to the completion of thecontract; and leave the premises perfectly clean.

52. WATCHMAN:

52.1 The Contractor shall provide the necessary watchman to guard the site andpremises at all times except during regular working hours. Unless otherwisestated.


20/21


53. PLACING ORDER OF MATERIALS, HARDWARE, PLUMBING PIPES ANDFIXTURES, ETC.:

53.1 The Contractor shall place his order for all materials, hardware, plumbing pipesand fixtures, and all other imported items that cannot be procured locally in orderto avoid delay in the completion of the work.

53.2 No request for extension of time shall be entertained by the Owner and/orArchitect due to this delay.

53.3 And no substitution of any of the above items specified hereinafter shall beallowed due to negligence or inadvertence of the Contractor on this matter.

54. PHOTOGRAPHS, PROGRESS:

54.1 The Contractor shall furnish to the Architect at his own expense progressphotographs which shall be taken monthly, starting when the work begins andcontinuing so long as the work is in progress, on the outside of the building, onthe station points designated by the Architect.

54.2 The photographs shall be 6" x 8". At each period, take four exposures, one oneach side of the building.

54.3 Twelve (12) prints, matte finish, 3 copies for each exposures shall be delivered tothe Architect and all negatives shall bear the date of exposures and name of thework.

55. CONTRACTOR'S USE OF AND RESPONSIBILITY ON PREMISES:

55.1 Existing trees, plants, shrubs, etc., which are to remain shall be boxed andotherwise protected from damage. No trees within site or located outsidebuilding lines shall be cut or removed without specific approval from the Owner

and the Architect.

55.2 All trees and other plants that need to be transplanted elsewhere within fifty (50)meters from the building lines shall be done by the Contractor at his ownexpense in accordance with instructions from the Architect or from the authoritiesconcerned.

55.3 Undue damage to trees, plants, shrubs, etc., within the premises resulting fromand in connection with the construction work shall be made good and/or replacedby the Contractor at his own expense to the satisfaction of the Owner/Architect.

55.4 The Contractor shall enforce the Architect's instruction regarding signs,advertisements, fires and smoking.

56. CLEANING-UP:

56.1 The Contractor shall provide a tightly built rubbish chute, serving each floor whichshall lead down to angle offset, and gate at convenient leading points for trucksor wagons.

56.2 At no time shall any rubbish be thrown from the windows of the building.


21/21

56.3 Besides the general broom cleaning, the Contractor shall do the followingcleaning for all trades at the completion of the work:

a. Cleaning of all Glass: Contractor shall remove putty stains and paint from allglass and shall wash and polish same.

b. Cleaning of all painted and stained works: Contractor shall remove all marks,stains, fingerprints, and other soil or dirt from all painted and stained work.

c. Removing of all Temporary Protections: Contractor shall remove alltemporary protections and shall clean and polish all floors and walls uponcompletion.

d. Cleaning and Polishing of all Hardware: Contractor shall clean and polish allhardware for all trades; this shall include removal of all stains, dust, dirt, paint,etc., upon completion.

e. Removal of all Spots, Soil and Paint from all Tile Works: Contractor shallremove all spots, soil and paint from all the tile work and shall wash sameupon completion.

f. Cleaning of all Fixtures and Equipment: Contractor shall clean all fixtures andequipment, removing all stains, paints, dirt and dust.

57. ITEMIZED BREAKDOWN OF WORK:

57.1 Immediately after the award of contract and before the Contractor commencesthe work, he shall submit the following to the Architect for approval:

a. Itemized breakdown of branch of work of the project and the correspondingpercentage weight of each item and sub-item.

b. Construction Progress Schedule based on the approved breakdown.

c. Bio-data of Project Engineer/Architect and Foreman.

58. OTHER REQUIREMENTS:

58.1 No claim for extra compensation by the Contractor shall be entertained by theOwner and/or Architect for negligence or inadvertence on his (Contractor) part inobtaining all necessary and pertinent data and clarifications.

58.2 No pouring of concrete shall be done by the Contractor unless bearing surfacesand bar reinforcement has been approved by the Architect, Structural Engineer,or Project Inspector and the authority to proceed has been received by theContractor.