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Construction Contract Template 2
Owner's Representative will advise Contractor of any errors or omissions which Owner's Representative
may detect during this review. Submittals approved by Owner's Representative become additions to the
Contract Documents and can be relied on by Contractor in completing the Work. Nothing in any
approved Submittal shall be interpreted to limit Contractor in selection of the means, method, technique,
sequence or procedure of construction.
XIV. Record Documents
A. Contractor will note on a record set of Project Drawings any Work done that is not shown on the
original Plans and not described in other Contract Documents. The record set of Project documents will
be delivered to Owner at the same time as final payment is requested.
XV. Job Site Safety
A. Contractor will at all times take all reasonable precautions for the safety of employees and the
public at the Job Site and will comply with all applicable safety Laws and regulations of federal, state,
and local authorities (including building codes) and safety Requirements of Owner.
XVI. Hazardous Materials Used in Construction
A. Except as provided elsewhere in the Contract Documents, Contractor is responsible for all
Hazardous Materials brought to the Job Site by Contractor or Subcontractors.
XVII. Hazardous Materials Discovered on Site
A. Except as provided elsewhere in the Contract Documents, Owner is responsible for all Hazardous
Materials discovered on the Job Site so long as those materials were not brought on the Job Site by
Contractor, Subcontractors, or anyone directly or indirectly employed by them. Nothing in this paragraph
shall relieve Contractor from liability for negligence in handling or removing Hazardous Materials as
required under the terms of this agreement.
B. Except as provided in the Contract Documents or as agreed by mutual consent, Contractor shall not
be required to perform Work relating to asbestos, polychlorinated biphenyl (PCB), radioactive material,
toxic mold or any other Hazardous Material.
C. Owner shall defend, Indemnify and hold harmless Contractor from and against all loss, liability,
claims, costs, damage and economic detriment of any kind whatsoever, or expense (including attorney's
fees) that arises out of or results from the discovery or existence of Hazardous Material on the Job Site,
whether or not identified in the Contract Documents, provided such loss, liability, costs, damage and
economic detriment is not the result of any negligent act or omissions of Contractor, Subcontractors or
anyone directly or indirectly employed by them. Indemnification by Owner under this paragraph shall
apply even if Owner is in no way responsible for the loss to Contractor.
XVIII. Compliance with Law
A. Contractor and Owner mutually commit to use reasonable care to meet the Requirements of state,
federal and local Law when discharging their responsibilities under this agreement.
B. If Contractor observes that Drawings, Specifications, or other Contract Documents do not comply
with applicable Law, Contractor shall promptly notify Owner or Owner's Representative of the variance.
Any changes made to the Contract Documents as a result of this notice shall be handled in the form of a
Change Order under this agreement.
C. Contractor shall bear none of the cost of correcting Work completed according to Contract
Documents but not in compliance with Law if Contractor did not know that Contract Documents or
CA Commercial Construction I
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