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What is the intent of a clause indicating the contractor or subcontractor has reviewed the plans and specifications?

In general, owners are responsible to contractors for errors and omissions in the construction plans and specifications. As a result, owners frequently seek to insert exculpatory clauses in construction contracts, shifting the risk of defects in the plans and specifications onto contractors or subcontractors. In general, for the exculpatory clause to be enforceable, the clause must be sufficiently specific so as to put the contractor on notice that he or she should not under any circumstances rely on the accuracy of the plans and specifications to prepare an estimate for the cost of the work to be performed.

Many agreements contain contractual provisions specifying that the contractor must inform the owner and seek correction of or clarification of any document deficiencies such as errors, omissions or inconsistencies and to do so prior to proceeding with the work. In the event that the contractor then proceeds to recognize such error, inconsistency or omission and fails to report it to the owner or architect, the contractor will then be responsible should the installation prove defective.

Construction Contracts 

This information applies to All Counties in North Carolina.


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