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ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; <br />HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS <br />4.01 Availability of Lands <br />A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions <br />not of general application but specifically related to use of the Site with which Contractor must <br />comply in performing the Work. Owner will obtain in a timely manner and pay for easements <br />for permanent structures or permanent changes in existing facilities. If Contractor and Owner <br />are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in <br />the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the <br />Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. <br />B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of <br />record legal title and legal description of the lands upon which the Work is to be performed and <br />Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction <br />lien against such lands in accordance with applicable Laws and Regulations. <br />C. Contractor shall provide for all additional lands and access thereto that may be required for <br />temporary construction facilities or storage of materials and equipment. <br />4.02 Subsurface and Physical Conditions <br />A. Reports and Drawings: The Supplementary Conditions identify: <br />1. those reports known to Owner of explorations and tests of subsurface conditions at or <br />contiguous to the Site; and <br />2. those drawings known to Owner of physical conditions relating to existing surface or <br />subsurface structures at the Site (except Underground Facilities). <br />B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the <br />accuracy of the "technical data" contained in such reports and drawings, but such reports and <br />drawings are not Contract Documents. Such "technical data" is identified in the Supplementary <br />Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or <br />make any claim against Owner or Engineer, or any of their officers, directors, members, <br />partners, employees, agents, consultants, or subcontractors with respect to: <br />1. the completeness of such reports and drawings for Contractor's purposes, including, but not <br />limited to, any aspects of the means, methods, techniques, sequences, and procedures of <br />construction to be employed by Contractor, and safety precautions and programs incident <br />thereto; or <br />2. other data, interpretations, opinions, and information contained in such reports or shown or <br />indicated in such drawings; or <br />3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such <br />other data, interpretations, opinions, or information. <br />EJCDC C-700 Standard General Conditions of the Construction Contract <br />Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 11 of 62 <br />00 72 05 <br />