Question

If the contractor carries out his due diligence as set forth in sections 3.2.2 and 3.2.3 is he liable to the owner or architect for damages resulting from errors, inconsistencies, or omissions in the contract documents, differences between field measurements and the contract documents, or for nonconformity of the contract documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities?

Answer 1

A contractor who carries out their due diligence as set in the contract typically isn't liable for errors or nonconformities in the contract documents, as the responsibility often lies with the party who prepared the documents. The extent of liability depends on contract language and legal standards.

Step-by-step explanation:

If a contractor performs due diligence as specified in sections 3.2.2 and 3.2.3 of the contract documents, typically they should not be held liable for damages arising from errors, inconsistencies, or omissions in the contract documents, discrepancies between the field measurements and the contract documents, or the nonconformity of the contract documents to applicable laws or regulations enforced by public authorities. The responsibility to ensure that the contract documents are error-free, consistent, and compliant with legal standards usually rests with the party that prepared the documents, which could be the owner or the architect. However, the exact determination of liability can vary based on the specific language of the contract, the nature of the due diligence performed, and the jurisdiction's legal standards.