Common use of THE SUBCONTRACT DOCUMENTS Clause in Contracts

THE SUBCONTRACT DOCUMENTS. § 1.1 The Subcontract Documents consist of (1) this Agreement; (2) the Prime Contract, consisting of the Agreement between the Owner and Contractor and other Contract Documents enumerated therein; (3) Modifications to the Prime Contract, whether issued before or after the execution of this Agreement, in accordance with the provisions of Article 5; (4) other documents listed herein; and (5) Modifications to this Agreement or any other Subcontract Documents issued after execution of this Agreement. These form the Subcontract Documents, and are as fully a part of the Subcontract as if attached to this Agreement or repeated herein. § 1.2 The Subcontract Documents form the Subcontract for Construction (“Subcontract”). The Subcontract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Subcontract Documents, other than Modifications issued subsequent to the execution of this Agreement, appears in Article 15. In entering into this Agreement, neither party has relied upon any statement, estimate, forecast, projection, representation, warranty, action or agreement of the other Party except for those expressly contained in this Agreement or the Prime Contract. § 1.3 Except to the extent of a conflict with a specific term or condition contained in the Subcontract Documents (in which case the specific term or condition in the other Subcontract Documents shall control), the General Conditions governing this Subcontract shall be the AIA Document A201™–2017, General Conditions of the Contract for Construction, as modified (if at all) by Prime Contract, current as the date of this Agreement. § 1.4 The Subcontract may be amended or modified only by a Modification to this Subcontract. A Modification to this Subcontract is a written amendment to this Subcontract signed by both parties, or as otherwise described in, and in accordance with the provisions of, Article 5. § 1.5 The Subcontract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Contractor and Subcontractor. § 1.6 In the event of a conflict or discrepancy in terms between this Agreement and the Prime Contract, the Subcontractor shall be deemed to have agreed to perform the most stringent or highest quality or costly way of performing the Work and the greater quantity and highest quality. Where the requirement is not more stringent or does not have a higher quality or cost, the following will control in order of precedence: .1 The Prime Contract, consisting of the agreement between the Owner and the Contractor and the other Contract Documents enumerated therein including subsequent modifications thereto; .2 This Agreement, and; .3 Other documents listed in Article 15 of this Agreement (as applicable).

THE SUBCONTRACT DOCUMENTS. § 1.1 The Subcontract Documents consist of (1i) this AgreementAgreement and all exhibits; (2ii) all documents identified in the Prime ContractContract Document Rider – Exhibit B, consisting of the Agreement between the Owner and Contractor and other Contract Documents enumerated therein; (3iii) Modifications to the Prime Contract, whether issued before or after the execution of this Agreement, in accordance with the provisions of Article 5; (4) other documents listed herein; and (5) Modifications to this Agreement or any other Subcontract Documents Change Orders issued after execution of this Agreement. These form the Subcontract DocumentsSubcontract, and are as fully a part of the Subcontract as if attached to this Agreement or repeated herein.or § 1.2 The Subcontract Documents form the Subcontract for Construction (“Subcontract”). The Subcontract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Subcontract Documents, other than Modifications issued subsequent to the execution of this Agreement, appears in Article 15. In entering into this Agreement, neither party has relied upon any statement, estimate, forecast, projection, representation, warranty, action or agreement of the other Party except for those expressly contained in this Agreement or the Prime Contract. § 1.3 Except to the extent of a conflict with a specific term or condition contained in the Subcontract Documents (in which case the specific term or condition in the other Subcontract Documents shall control), the General Conditions governing this Subcontract shall be the AIA Document A201™–2017, General Conditions of the Contract for Construction, as modified (if at all) by Prime Contract, current as the date of this Agreement. § 1.4 The Subcontract may be amended or modified only by a Modification to this Subcontract. A Modification to this Subcontract is a written amendment to this Subcontract signed by both parties, or as otherwise described in, and in accordance with the provisions of, Article 5. § 1.5 The Subcontract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and the Subcontractor, (2) between the Owner and the Subcontractor, or (3) between any persons or entities other than the Contractor and Subcontractor. § 1.6 1.3 The Subcontractor shall be furnished copies of the Contract Documents upon request, but the Contractor may charge the Subcontractor for the reasonable cost of reproduction. A copy of the Prime Contract and all enumerated Contract Documents as defined therein are available in the Contractor's home office Plan Room and/or at the Contractor's on site Project Office and in electronic data storage as identified in Exhibit PS, Project Specific Requirements. 1.4 The Contract Documents are intended to be read as a whole, and any Work required by one part and not mentioned in another (e.g., item shown in drawing and not mentioned in the specifications, or mentioned in the specifications and not shown in drawing), shall be executed to the same extent as though required by all. The addition, omission or incorrect placement of a word or character in one part of the Subcontract shall not change the intent of the Subcontract as a whole, and shall not constitute the basis for a claim by the Subcontractor for an increase in the Subcontract Amount or an extension of time within which to perform and complete the Work. In the event of a conflict between one or discrepancy in terms between this Agreement and more provisions of the Prime ContractContract Documents, the provision imposing the more demanding term, condition, duty or standard of performance, or the greater limitation on the nature and type of relief or damages allowed to Subcontractor, shall control. A conflict exists in the Contract Documents when the same subject matter is addressed by two or more provisions of the Contract Documents in a manner that cannot be reconciled to give effect to all provisions. In the various parts of the Contract Documents where reference is made to applicable codes and standards, the Work shall, except as otherwise specified, conform to the latest issue of the referenced code or standard available at the time the Work is performed. 1.5 Subcontractor shall carefully study and compare the Contract Documents and notify Contractor in writing of any error, inconsistency, omission or ambiguity prior to executing any affected Work. Contractor’s determination of the Subcontract requirements in view of the error, inconsistency, omission or ambiguity shall be final and Subcontractor shall perform the Work consistent with that determination, subject to dispute resolution under Article 6. Subcontractor shall be deemed to have agreed to perform liable for any added costs or damage resulting from its performance of any Work involving an error, inconsistency, omission or ambiguity in the most stringent or highest quality or costly way of performing the Work and the greater quantity and highest quality. Where the requirement is not more stringent or does not have a higher quality or cost, the following will control in order of precedence: .1 The Prime Contract, consisting of the agreement between the Owner and the Contractor and the other Contract Documents enumerated therein that has not been reported to Contractor, including subsequent modifications thereto; .2 This Agreement, and; .3 Other documents listed in Article 15 any re-performance and related costs of this Agreement (as applicable)correction and any additional costs incurred by the Contractor.