PART 1 GENERAL PROVISIONS

Question 1

GC 1.1 CONTRACT DOCUMENTS

1.1.1

Answer 1

The intent of the contract documents is to include the labour, products and services necessary for the performance of the work by the contractor in accordance with these documents.

Note: It is not intended that the contractor SHALL supply products or perform work not consistent with, not covered by , or not properly inferable from the contract documents.

Question 2

GC 1.1 CONTRACT DOCUMENTS

1.1.2

Answer 2

The contract documents are complementary, and what is required by one SHALL be as BINDING as if required by all. Performance by the contractor SHALL be required only to the extent consistent with the contract documents.

Question 3

GC 1.1 CONTRACT DOCUMENTS

1.1.3

Answer 3

The contractor SHALL review the contract documents for the purpose of facilitating co-ordination and execution of the work by the contractor.

Question 4

GC 1.1 CONTRACT DOCUMENTS

1.1.4

Answer 4

The contractor is NOT RESPONSIBLE for errors, omissions or inconsistencies in the contract documents. If there are perceived errors, omissions or inconsistencies discovered by or made known to the contractor, the contractor SHALL promptly report to the consultant and SHALL NOT proceed with the work affected until the contractor has received corrected or additional information from the consultant.

Question 5

GC 1.1 CONTRACT DOCUMENTS

1.1.5

Answer 5

If there is a conflict within the contract documents:

1) The order of priority of documents, from highest to lowest, SHALL BE:

• The agreement between owner and contractor.
• The definitions.
• Supplementary conditions.
• The general conditions.
• Division 01 of the specifications.
• Technical specifications.
• Material and finishing schedules.
• The drawings.

2) Drawings of larger scale SHALL govern over those of smaller scale of the same date.

3) Dimensions shown on drawings SHALL govern over dimensions scaled from drawings.

4) Amended or later dated documents SHALL govern over earlier documents of the same type.

5) Noted materials and annotations SHALL govern over graphic indications.

Question 6

GC 1.1 CONTRACT DOCUMENTS

1.1.6

Answer 6

Everything contained in the contract documents SHALL NOT create any contractual relationship between:

1) The owner and a subcontractor, a supplier, or their agent, employee, or other person performing any portion of the work.

2) The consultant and the contractor, a subcontractor, a suplier, or their agent, employee, or other person performing any portion of the work.

Question 7

GC 1.1 CONTRACT DOCUMENTS

1.1.7

Answer 7

Words and abbreviations which have well known technical or trade meanings are used in the contract documents in accordance with such recognized meanings.

Question 8

GC 1.1 CONTRACT DOCUMENTS

1.1.8

Answer 8

References in the contract documents to the singular SHALL be considered to include the plural as the context requires.

Question 9

GC 1.1 CONTRACT DOCUMENTS

1.1.9

Answer 9

The organization of the specifications or the arrangement of drawings SHALL NOT control the contractor in dividing the work among subcontractors and suppliers.

Question 10

GC 1.1 CONTRACT DOCUMENTS

1.1.10

Answer 10

Specifications, drawings, models, and copies thereof furnished by the consultant ARE and SHALL remain the consultant’s property, with the exception of the signed contract sets, which SHALL belong to each party to the contract.

All specifications, drawings and models furnished by the consultant are to be used only with respect to the work and ARE NOT to be used on other work.

These specifications, drawings and models are NOT to be copied or altered in any manner without the written authorization of the consultant.

Question 11

GC 1.1 CONTRACT DOCUMENTS

1.1.11

Answer 11

Physical models furnished by the contractor at the owner’s expense are the property of the owner.

Question 12

GC 1.2 LAW OF THE CONTRACT

1.2.1

Answer 12

The law of the place of the work SHALL govern the interpretation of the contract.

Question 13

GC 1.3 RIGHTS AND REMEDIES

1.3.1

Answer 13

Except as expressly provided in the contract documents, the duties and obligations imposed by the contract documents and the rights and remedies available thereunder SHALL be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law.

In other words the contract documents are an addition to the law.

Question 14

GC 1.3 RIGHTS AND REMEDIES

1.3.2

Answer 14

No action or failure to act by the owner, the consultant or the contractor SHALL constitute a waiver of any right or duty afforded any of them under the contract, NOR shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

In other words there is nothing that one can do that will waiver the right of the contract.

Question 15

GC 1.4 ASSIGNMENT

1.4.1

Answer 15

Neither party to the contract shall assign the contract or a portion thereof without the written consent of the other, which consent SHALL NOT be unreasonably withheld.