SECTION II: LAWS, REGULATIONS, SITE CONDITIONS, PERMITS AND TAXES

ARTICLE 6: LAWS AND SITE CONDITIONS

1. What are the laws and regulations which the Contractor shall comply with? What is the effect of non-compliance with such laws and regulations?

 

LAWS refers to all laws, ordinances and other governmental rules and regulations applicable to the project and to its execution (1.19).

 

In general, the Contractor shall comply with all Laws in so far as they are binding upon or affect the parties thereto, or the Work. He shall also comply with regulations of firms furnishing utilities for the project.

 

If the Contractor performs work contrary to such Laws or regulations, he shall bear all additional costs arising therefrom (6.01).

 

2.  Is the Contractor expected to have previously visited the Contract site in preparation for his bid?

 

Yes. Before the bidding and the awarding of the Contract, the Contractor is expected to have visited the project site and made his own estimate of the facilities required in and difficulties attending the execution of the Work, on account of local conditions and all other contingencies.

 

The Owner shall, however, furnish the Contractor a geodetic survey and sub-surface exploration which the Contractor is entitled to rely upon in the preparation of his Bid (6.02).

 

ARTICLE 7: PERMITS, TAXES AND SURVEYS

  

1. Who is responsible for securing and paying for construction permits and licenses?

 

The Owner, with the Contractor's assistance, shall secure and pay all construction permits and licenses necessary for the execution of the Work or of any temporary work and easements in relation thereto.

 

As for the final occupancy permit, the Contractor shall secure it but he shall not be responsible to the Owner if the license is not issued or there was delay in its issuance for reasons that are not attributable to the Contractor's fault (7.01).

 

2. Who is responsible for paying taxes?

 

The Contractor shall pay the tax, wherever the law of the place where the project is located requires a sales, consumer, use, or other similar tax related or pertinent only to the construction of the project (7.02).

 

3. What is the responsibility of the Owner re: site surveys and benchmarks on site?

 

The Owner shall furnish all surveys describing the physical characteristics, legal limitations, and utility locations of the site. He shall also furnish rights-of-way for access to the site.

 

The Owner shall be responsible for the establishment of lot lines, boundary lines, easements and benchmarks which shall be made by a certified surveyor.

 

The Owner may request the Contractor to verify before the start of the construction the result of such surveys, provided the Owner shall pay for the cost of such verification.

 

The Contractor shall be entitled to rely on such surveys and the Owner shall pay for any damage or cost to the Contractor brought about by errors in data furnished (7.03).

 

4. What is a benchmark, and what is the Contractor's responsibility on site surveys and benchmarks?

 

A benchmark is a point of reference by which something can be measured. All other grade, lines, levels, and benchmarks necessary for the prosecution of the work shall be established and maintained by the Contractor (7.02).

 

The Contractor shall provide and maintain well-built batterboards at all corners. He shall establish benchmarks in not less than two widely separated places (7.02).

 

As work progresses, the Contractor shall establish benchmarks at each floor giving exact levels of various floors, and shall lay-out the exact locations of all partitions as a guide to all trades (7.03).

 

5. May the Contractor engage the services of a Geodetic Engineer for making surveys? What is the extent of work that the Geodetic Engineer can do?

 

The Contractor shall, at his option or when required under the Contract, engage the services of a licensed Geodetic Engineer to confirm and certify the location of column centers, piers, walls, pits, trenches, pipe work, utility lines and work of a similar nature. The Geodetic Engineer shall also verify and certify the lines and levels of any part of the Work at any time if so required by the Owner. The certification shall be provided to the Owner and the Contractor.

 

If the Geodetic Engineer finds any deviation from the Drawings in the Work of the Contractor, he shall report his findings to the Contractor and copy the Owner within 24 hours from discovery .(7.04).

 

5. What is the value of the Geodetic Engineer's certification?

 

It shall be regarded as an independent and disinterested verification of such lay-out. It does not exempt the Contractor from any loss or damage caused by the Engineer's act or omission, but it may mitigate liability (7.04).