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<br />e <br /> <br />e <br /> <br />e <br /> <br />i <br />t <br /> <br />( <br /> <br />GC.17 <br /> <br />GC-18 <br /> <br />CONTRACTOR will remedy all damage, injury or loss to any property caused, directly or <br />indirectly, in whole or in part, by the CONTRACTOR, any SUBCONTRACTOR or anyone <br />directly or indirectly employed by any of them or anyone for whose acts any of them may be <br />liable, except damage or loss attributable to the fault of the CONTRACT DOCUMENTS, or <br />to the acts or omissions of the OWNER or the ENGINEER or anyone employed by either of <br />tllem or anyone for whose acts either of them may be liable, and .not attributable, directly or <br />indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR. <br /> <br />In emergencies affecting the safety of persons or the WORK or property at the site or adjacent <br />thereto, tile CONTRACTOR, without special instruction or authorization from the ENGINEER <br />or OWNER, shall act to prevent threatened damage, injury or loss. He will give the <br />ENGINEER or OWNER prompt WRITTEN NOTICE of any significant changes in the WORK <br />or deviations from the CONTRACT DOCUMENTS caused thereby, and a CHANGE ORDER <br />shall thereupon be issued covering the changes and deviations involved. <br /> <br />SUBCONTRACTING. The CONTRACTOR may utilize the services of specialty <br />SUBCONTRACTORS on those portions of the WORK which, under normal contracting <br />practices, are perforrued by specialty SUBCONTRACTORS, Those SUBCONTRACTORS <br />'on those portions of the WORK which, under normal contracting practices, are performed by <br />specialty SUBCONTRACTORS. Those SUBCONTRACTORS must be identified on the <br />Proposal Form. The CONTRACTOR shall not award WORK to SUBCONTRACTOR(s), in <br />excess of fifty (50 %) percent of the CONTRACT PRICE, without prior written approval of <br />tbe OWNER. <br /> <br />Tele CONTRACTOR sball be fully responsible to the OWNER for the acts and omissions of <br />his SUBCONTRACTORS, and of person either directly or indirectly employed by them, as <br />he is for the acts and omissions of the persons directly employed by him. <br /> <br />The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts <br />relative to thc WORK to bind SUBCONTRACTORS to the CONTRACTOR by the terms of <br />the CONTRACT DOCUMENTS insofar as applicable to the WORK of SUBCONTRACTORS <br />and to give the CONTRACTOR the same power as regards terminating any subcontract that <br />the OWNER may exercise over the CONTRACTOR under any provision of the CONTRACT <br />DOCUMENTS. <br /> <br />Nothing contained in this CONTRACT shall create any contractual relation between any <br />SUBCONTRACTOR and the OWNER. <br /> <br />CHANGED CONDITIONS. The CONTRACTOR shall promptly, and before such conditions <br />are disturbed, except in the event of an emergency, notify the OWNER by WRITTEN <br />NOTICE of: <br /> <br />a. Subsurface or latent physical conditions at the site differing materially from those <br />indicated in the CONTRACT DOCUMENTS; or <br /> <br />b. Unknown physical conditions at the site, of an unusual nature, differing materially <br />from those ordinarily encountered an generally recognized as inherent in WORK of <br />the character provided for in the CONTRACT DOCUMENTS. <br /> <br />The OWNER shall promptly investigate the conditions, and if he finds that snch conditions do <br />so materially differ and cause an increase or decrease in the cost of, or in the time required <br />for, performance of the WORK, an equitable adjustment shall be made and the CONTRACT <br />DOCUMENTS shall be modified by a CHANGE ORDER. Any claim of the CONTRACTOR <br />for adjustment hereunder shall not be allowed unless he has given the required WRITTEN <br />NOTICE; provided that the OWNER may, if he deterruined the facts so justify, consider and <br /> <br />III-IS <br />(1723 - 10/93) <br />