Construction Contract (Page 3 of 6) in pdf

Section 4.03 Compliance with the Law

Contractor shall comply fully with the all Federal, State and Local laws, codes, and regulations applicable to the work

(including all safety requirements) and acknowledges that it has informed itself completely in this regard and agrees that it will

comply fully therewith. Should Contractor become aware that any provision of the Contract is at variance with any such law,

rule, regulation, ordinance, or order, it shall promptly give notice in writing to Owner of such variance, and the necessary

changes in the work required by the Contract shall be made and adjusted in the manner specified herein for changes in the

Work. Contractor shall maintain at all times such safeguards for the protection of persons employed on the Project as the

conditions and progress of the Work on the Project may require; AND conspicuously post such signs as may be necessary to warn

persons of all hazards as existing where the Project is being erected.

ARTICLE 5. THE WORK

Section 5.01 Labor and Materials

Contractor shall provide and pay for all labor, materials, equipment, tools, machinery, and do all other things necessary

for the proper performance in completion of the Work. Any material delivered or Work done shall become the property of the

Owner and shall not be removed without the consent of the Owner.

Section 5.02 Representations of Contractor:

Contractor represents and warrants that: (1) it has read all of the terms and conditions of this contract; (i.e. all contract

documents); (ii) it has physically inspected the job site and is aware of all of the conditions and limitations of the site that might

effect the work contemplated by this agreement; (iii) it is aware of the equipment needed to perform the work based upon the

type and character of the facilities at the job site; and (iv) it is not relying upon any representation or opinions of Owner that

are not otherwise contained in this Contract. Based upon these representations and warranties, Contractor shall fully perform

every detail of the requirements of the Contract and Contractor assumes full risk of any difficulties that it might occur in

performing the work. Contractor's failure of performance will not be excused on the basis of ignorance of job site conditions

or limitations which give rise to difficulties in doing the work; nor will it be the basis for extension of time to complete work.

This paragraph shall not be applicable to any reports to be procured by Owner for Contractor’s use in performing the Work, until

such time as Owner provides such reports to Contractor, who shall then have ten (10) days to review the same. If Contractor

fails to object to any information in such reports, then the provisions of this paragraph shall become applicable.

Section 5.03 Quality of Materials

Contractor warrants that all materials used in the construction of the Project shall be new or repaired as indicated and

all workmanship and materials used in the construction of the Project shall be of good quality, free from faults and defects and,

in conformity with the Contract documents unless otherwise specified in the Contract. All Work not conforming to these

standards shall be considered defective.

Section 5.04 Duties of Contractor

Contractor shall have full and complete responsibility for the Work until final acceptance. Contractor shall take

reasonable steps to protect the workmen, property, and equipment of other contractors against injury or damage arising out

of or connected with the operations conducted by Contractor hereunder. Contractor waives all rights it might have against

Owner for loss or damage to Contractor's Work, property or materials arising out of or connected with the operations of the

Owner or any other contractors hired by Owner, unless caused by the Owner.

Section 5.05 Access to Work

Contractor shall provide Owner with ready access at any time to the Work, whether it be in preparation or progress,

for the purpose of inspection.

(Rev 4/23/14)

Construction Contract Page 3