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?

• A. Yes, the contractor is liable for all such damages.
• B. No, if the contractor believes that additional cost or time has been involved because of clarifications or instructions from the architect the contractor may make claims as provided in article 15.
• C. Yes, the contractor is always liable for these issues.
• D. No, the owner is always responsible for these damages.

Answer: (B)

The idea being tested is how the contract allocates risk for errors in the contract documents and how a contractor can obtain relief when clarifications or owner/architect actions cause changes. If the contractor has truly carried out due diligence under the referenced sections—examining the documents, coordinating with field measurements, and promptly reporting discrepancies—he is not automatically liable for damages caused by errors, inconsistencies, omissions, or nonconformities with laws. The contract expects the architect/owner to bear those risks, provided the contractor followed the due-diligence process. When clarifications or instructions from the architect lead to additional cost or time, the contractor may seek adjustments through the claim process in Article 15. So the contractor isn’t automatically liable; he has a path to recover costs or time via Article 15 for those architect-directed clarifications.