Regl. 7998, art. 1 dup5
DEFINITIONS AND TERMINOLOGY
Length: 4,687 wordsOfficial source
Cite as Reglamento Núm. 7998, Art. 1 dup5
1.1
Defined Terms
1.1.1 Wherever used in the Contract Documents and printed with initial capital letters, the terms listed
below will have the meanings indicated which are applicable to both the singular and plural thereof.
1.1.1.1. Agreement (or Contract) - The written instrument, which is evidence of the agreement between Owner
and Contractor covering the Work.
1.1.1.2. Application for Payment - The form acceptable to Owner which is to be used by Contractor during the
course of the Work in requesting progress or final payment and which is to be accompanied by such
supporting documentation as is required by the Contract Documents.
1.1.1.3. Architect/Engineer - The Architect or Engineer, referred herein as Architect/Engineer, is the collegiate
professional licensed to practice architecture, engineering or surveying in the Commonwealth of Puerto Rico
and is referred to throughout the Contract Documents. It is the Architect or Engineer authorized by the Owner
for the preparation of all construction documents, plans and specifications and to submit such documents for
the approval of the related public agency. The Architect/Engineer may designate an authorized representative.
The Architect/Engineer is the individual or entity named as such in the Agreement.
1.1.1.4. Architect/Engineer's Consultant - An individual or entity having a contract with the Architect/Engineer
to furnish services as Architect/Engineer's independent professional and collegiate consultant with respect to
the Project and who is identified as such in the Supplementary Conditions.
1.1.1.5. Bonds - Performance and Payment bonds and other instruments of surety required in the Contract
Documents.
UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS
1.1.1.6. Certificate of Final Acceptance Certificate issued by the Owner, or its duly authorized representative
to Contractor indicating the date that the Work reached Final Acceptance.
1.1.1.7. Certificate of Substantial Completion - Certificate issued by the Owner, or its duly authorized
representative, to the Contractor indicating the date that Substantial Completion was achieved for the Work.
1.1.1.8. Change in Law - Change in Law shall include: (i) the enactment or adoption by any legislative,
regulatory, executive or administrative body of the Commonwealth of Puerto Rico or of the United States of
America of any law, or any change or amendment to any law, in force as of the bid opening date, (ii) any
change in the interpretation thereof which is final and not subject to administrative or judicial review, which
cannot be complied with by a party without incurring in additional costs.
1.1.1.9. Change Order - A written order issued by the Owner, or its duly authorized representative, to the
Contractor, signed by both parties, covering, additions, deletions, and/or revisions in the Work and/or an adjustment in
the Contract Price and/or the Contract Time, if any, issued on or after the Effective Date of the Agreement. In Unit Price
Contracts, a Change Order can also reflect a change in the number of items, as well as an increase or decrease,
contained in the proposal. In Lump Sum Contracts, it reflects an order for additional or less work.
1.1.1.10. Claim - A claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or
interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the
Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor
arising out of or relating to the Contract. Claims must be made by written notice and in accordance with Article 11.5.
The responsibility to substantiate Claims shall rest with the party making the Claim.
1.1.1.11. Commonwealth - The Commonwealth of Puerto Rico.
1.1.1.12. Construction Change Directive A Construction Change Directive is a written order signed by the Owner,
directing a change in the Work prior to agreement on adjustment, if any, in the Contract Price or Contract Time, or both.
The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract
consisting of additions, deletions or other revisions, the Contract Price and Contract Time adjusted accordingly. A
Construction Change Directive shall be used only in the absence of total agreement on the terms of the Change Order,
Extra Work Order or Work Change Directive, and shall be paid with the monthly Progress Payment according to the
method indicated in Article 10.1.2.3.
1.1.1.13. Contract (or Agreement) - The entire and integrated written Agreement between the Owner and Contractor
concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or
oral.
1.1.1.14. Contract Documents The Contract Documents establish the rights and obligations of the parties and
include: (i) the Agreement, (ii) addenda (which pertain to the Contract Documents), (iii) Contractor's bid or proposal
(including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of
Award), (iv) the Notice to Proceed, (v) the Bonds, (vi) these General Conditions, (vii) the Supplementary Conditions,
(viii) the Special Provisions, (ix) the Specifications, (x) the Drawings as the same are more specifically identified in the
Agreement, including Standard Drawings, if applicable and (xi) Instructions to Bidders. It shall also include: (i) all
Written Amendments, (ii) Change Orders and Extra Work Orders, (iii) Work Change Directives, (iv) Field Orders and (v)
Architect/Engineer's written interpretations and clarifications issued on or after the Effective Date of the Agreement.
Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract
Documents. Only printed or hard copies of the items listed in this Article are Contract Documents. Files in electronic
media format of text, data, graphics, and the like that may be furnished by Owner to Contractor are not Contract
Documents, unless otherwise specified in the bid documents.
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1.1.1.15. Contract Item or Pay Item - A portion of Work specifically described and for which a price either unit or lump
sum is provided. It includes the performance of all Work and the furnishing of labor, equipment and materials
described in the Specifications.
1.1.1.16. Contract/Project Limits - The area, including Site and off-Site, within which the Work is to be performed.
1.1.1.17. Contract Price - See Contract Sum.
1.1.1.18. Contract Sum - It is the Contract Price as stated in the Agreement and is the total amount payable by the
Owner to the Contractor for the performance of the Work under the Contract Documents subject to additions and
deductions, stipulated in the Contract Documents.
1.1.1.19. Contract Time or Time It is the period of time allotted in the Contract Documents for Substantial
Completion of the Work.
1.1.1.20. Contract Unit - A major subdivision of the construction Project identified as such in the Contract
Documents.
1.1.1.21. Contracting Officer The Contracting Officer is the authorized representative of the Owner under the
Contract Documents.
1.1.1.22. Contractor - The Contractor is the person or organization that contracts with the Owner for the
performance of the Work described in the Contract Documents. The term Contractor, identified as such in the
X
Agreement, means the Contractor or his authorized representative. In cases of Design-Build Contracts, the
term Contractor shall also signify the Design-Builder Contractor.
1.1.1.23. Cost of the Work - See section 10.2 for definition.
1.1.1.24. Day - The word "day" shall constitute a calendar day of twenty-four (24) hours measured from
midnight to the next midnight.
1.1.1.25. Design-Build Contracts Shall be those contracts where the Contractor undertakes the duty to
design the Work, in addition to performing the duties of Contractor.
1.1.1.26. Design-Builder Contractor - Shall be the Contractor in Design-Build Contracts, who in addition to
having all duties of Contractor has the duty to design the Work, as specified in the Contract Documents.
1.1.1.27 Dispute - Any Claim, dispute or other disagreement involving the interpretation of the Contract
Documents, a change in the Contract Sum, and or a change in the Contract Time, and other matters in
question arising out of, or relating to the Contract or the breach thereof, except for Claims which have been
waived by lack of proper notice and/or the making or acceptance of final payment as provided in Articles
13.7.2 and 13.9.1
1.1.1.28. Drawings or Plans - The approved drawings and supplementary drawings showing the location,
character, dimensions, and details of the Work to be done which are part of the Contract Documents.
1.1.1.29. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last
of the parties to the Contract.
1.1.1.30. Engineer or Architect See Architect/Engineer.
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1.1.1.31. Equal or Similar and Substitute - "Similar or Equal" or "Substitute", when used in relation to materials,
parts, machinery, equipment, formulas of the Project and/or anything to them related, shall mean that they be
of substantially the same quality, form, appearance, resistance, endurance, efficiency, capacity, safety,
specifications and any other quality inherent, or related, to them as they are indicated in the drawings and/or
specifications of the Contract.
1.1.1.32. Equipment - All machinery and implements, together with the necessary supplies for upkeep and
maintenance, and all tools and apparatus necessary for the proper construction and acceptable completion of
the Work.
1.1.1.33. Extra Work - An item of Work not provided for in the Contract as awarded but found by the Owner or
its duly authorized representative necessary for the satisfactory completion of the Contract within its generally
intended scope.
1.1.1.34. Extra Work Order - Is a written order issued by the Owner to Contractor and signed by both parties in
a unit price contract concerning the performance of the Work or furnishing of materials involving Extra Work. It
authorizes a change in the Work, adjustments in the Contract Price and/or Contract Time for services, or
Work, for which there is no basis of payment, either direct or indirect, provided in the proposal, or Contract, or
if the resulting overruns, or underruns, of any item, or items, exceed certain percentages. Extra Work Orders apply
only to unit price contracts. Such Extra Work may be performed at agreed prices or as provided in Section 10.2 of
these General Conditions.
1.1.1.35. Federal Agency - Any agency of the government of the United States of America or its succeeding
agency.
1.1.1.36. Field Order - A written order issued by the Owner that requires minor changes in the Work but which does
not involve a change in the Contract Price or the Contract Time.
1.1.1.37. Final Acceptance - Shall mean the acceptance of the Work by the Owner after the final inspection as
evidenced by the Certificate of Final Acceptance sent to Contractor by Owner.
1.1.1.38. Force Account Work - Additional Work that is paid for based on the Cost of the Work as defined in Article
10.2.
1.1.1.39. Force Majeure - Means an act of God; earthquake; tidal wave; hurricane; act of the public enemy; war;
blockade; public riot; lighting; fire; flood; explosion; a strike, excluding strikes and any other activity or demonstration by
Owner's personnel that does not interfere directly with the Work; and any other cause, whether of the kind specifically
enumerated herein or otherwise, which is not reasonably within the sole control of Contractor. A rain, windstorm flood or
other natural phenomenon of normal intensity for the particular locality shall not be construed as Force Majeure.
1.1.1.40. Hazardous Environmental Condition - The presence at the Site of asbestos, PCBs, petroleum,
hazardous waste, or radioactive material in such quantities or circumstances that may present a substantial danger to
persons or property exposed thereto in connection with the Work.
1.1.1.41. Hazardous Waste - The term Hazardous Waste shall have the meaning provided in Section 1004 of the
Solid Waste Disposal Act (42 U.S.C. §6903) as amended.
1.1.1.42. Holidays - Saturdays, Sundays and the legal holidays listed below on which the Contractor will not be
allowed to perform Work under the Contract except as otherwise ordered or authorized in writing by the Owner. All
other Holidays not listed below will be considered working days. Also, if any of the listed holidays falls on a Sunday, the
following Monday will be considered a holiday.
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New Year's Day
January 1
Three Kings Day
January 6
Good Friday
Variable
Independence Day
July 4
Constitution Day
July 25
Labor Day
First Monday of September
Election Day (when occurring)
Tuesday after 1st Monday in November
Thanksgiving
Fourth Thursday in November
Christmas Day
December 25
1.1.1.43. Laboratory The material testing laboratory of the Owner or any other testing laboratory which may be
approved by the Owner or its duly authorized representative.
1.1.1.44. Laws and Regulations; Laws or Regulations - Any and all applicable laws, rules, regulations,
jurisdiction. ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having
1.1.1.45. Liens - Charges, security interests, or encumbrances upon Project funds, real property, or personal
property.
1.1.1.46. Major and Minor Contract Items Any item having a Contract value equal to or greater than five per cent
(5%) of the original Contract amount shall be considered as a major item. All the other Contract items shall be
considered as minor items. A minor item may become a major item when the minor item is increased to the extent that
the total cost of the item is equal to or greater than five per cent (5%) of the original Contract amount.
1.1.1.47. Materials Any substances specified for use in the construction of the Project and its appurtenances.
1.1.1.48. Milestone - A principal event specified in the Contract Documents related to an intermediate
completion date or time prior to the Substantial Completion of the whole Work.
1.1.1.49. Notice of Award - The written notice by the Owner to the apparent successful bidder stating that upon timely
compliance by the apparent successful bidder with the conditions precedent listed therein, Owner will sign and deliver
the Agreement.
1.1.1.50. Notice to Proceed A written notice issued by the Owner to the Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform the Work under the Contract
Documents. Such Notice to Proceed shall identify the persons included in article 5.2.2. Unless otherwise agreed by the
parties, all permits and/or endorsements to be furnished by the Owner needed to start construction of the Project must
be obtained prior to issuance of the Notice to Proceed.
1.1.1.51. OCIP - see Owner-Controlled Insurance Program.
1.1.1.52. Off-Site Work Work to be performed outside of the of the Project's limits.
1.1.1.53. Owner - The Owner is the Department, Agency, Public Corporations, or any other instrumentality of
the Commonwealth of Puerto Rico as identified in the Agreement and is referred to throughout the Contract
Documents as if singular in number and masculine in gender. The term Owner means the Owner or his authorized
representative. It shall also mean any person, or entity, named as such in the Contract Documents.
1.1.1.54. Owner-Controlled Insurance Program - also known as "OCIP". An insurance program under which
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Commercial General Liability, Excess General Liability, Builder's Risk, and Contractor's Pollution Liability coverage are
procured or provided by the Owner for the Contractor, Subcontractors of any tier, who have been properly enrolled,
while performing operations at the Project Site.
1.1.1.55. Owner's Representative - One or more persons or entity designated by the Owner, who will perform the
functions of the Owner as described in these General Conditions. The Owner's Representative may employ Project
Inspectors and/or other assistants to perform any function, duty or responsibility, as delegated by the Owner's
Representative, including but not limited to the detailed inspections of performance of any or all portions of the Work.
1.1.1.56. Partial Utilization - Use by Owner of a substantially completed part of the Work for the purpose for which it
is intended (or a related purpose) prior to Substantial Completion of all the Work.
1.1.1.57. Pay Item - See Contract Item.
1.1.1.58. Payment Bond - The security required to be furnished by the Contractor and his Surety and approved by the
Owner to guarantee the payment of all persons or entities supplying labor, material and equipment in the prosecution of
the Work or services required for completion of the Contract.
1.1.1.59. Performance Bond - The security required to be furnished by the Contractor and his Surety and approved
by the Owner to guarantee the completion of all the requirements of the Contract.
1.1.1.60. Plans - See Drawings.
1.1.1.61. Project - The total construction of which the Work to be performed under the Contract Documents is the
whole, or part.
1.1.1.62. Project Inspector - The professional, duly licensed and collegiate Engineer or Architect, or a legally qualified
entity, contracted and/or designated by the Owner and/or the Owner's Representative to perform, as a Project
Inspector, the continuous on Site inspection of any or all portions of the Work.
1.1.1.63. Project Manager- The professional licensed and collegiate Engineer or Architect, designated in accordance
with the Contract as the Contractor's authorized representative who is made by Contractor responsible for and
placed in charge of the Work.
Work. 1.1.1.64. Project Manual - The bound documentary information prepared for bidding and constructing the
1.1.1.65. Project Schedule- A schedule, prepared and maintained by Contractor, describing the sequence and
duration Conditions. of the activities comprising the Work within the Contract Times, as required by Article 6.4 of these General
1.1.1.66. Reasonable Close Conformity - Compliance with reasonable and customary manufacturing and
construction tolerances when working tolerances are not specified. When working tolerances are specified, reasonably
close conformity means compliance with such working tolerances. Without detracting from the complete and absolute
discretion of the Owner or its duly authorized representative to insist upon compliance with such tolerances, the Owner or
its duly authorized representative may, at his sole option and reasonable discretion, accept variations beyond such
tolerances when and where they will not materially affect the value or utility of the Work and the interests of the Owner.
1.1.1.67. Reference Specifications - Specifications issued by other official and/or professional organizations that
are referred to and made part of the Owner's specifications and other Contract Documents. Unless otherwise
specifically indicated in the Contract Documents, references cited shall be the edition of such specifications in effect at the
time the Project is advertised for bids/proposals.
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1.1.1.68. Right of Way - A general term denoting land, property, easement or interest therein, usually in a strip,
acquired for the Project or for the benefit of another project or public utility.
1.1.1.69. Samples - Physical examples of materials, equipment, or workmanship that are representative of some
portion of the Work and which establish the standards by which such portion of the Work will be judged.
1.1.1.70. Shop Drawings or Working Drawings - All drawings, diagrams, schedules, and other data or information,
which are specifically prepared or assembled by or for the Contractor and submitted by Contractor to illustrate some
portion of the Work.
1.1.1.71. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the
Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by
Owner that are designated for the use of Contractor. It shall also mean areas for the performance of off-site work, if
same is required in the Contract Documents.
1.1.1.72. Special Conditions - Special requirements, regulations or direction, covering conditions peculiar to a
particular project. Special Conditions shall prevail over particular provisions of these General Conditions only when
such option is provided in any particular Article of these General Conditions by the use of words such as "unless
otherwise indicated in the Contract Documents..." In all other instances these General Conditions shall prevail
over any conflicting provision contained in the Special Conditions.
1.1.1.73. Specialty Item - A Contract Item, which is specifically identified in the Contract Documents as exempted
subcontract. from the computations to determine the total amount of the Work that the Contractor may be authorized to
1.1.1.74. Specifications - That part of the Contract Documents consisting of written Technical Specifications,
descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain
administrative details applicable to the Work.
1.1.1.75. Standard Drawings - See Standard Plans.
1.1.1.76. Standard Plans (or Standard Drawings) - Drawings approved for repetitive use, showing details to be
used where appropriate, included in the Plans or published as a separate document.
1.1.1.77. Standard Specifications - The set of specifications approved by the Owner for general application and
repetitive use.
1.1.1.78. Subcontractor - A Subcontractor is an individual or entity that has a direct contract with the Contractor to
perform any of the Work at the Site. The term Subcontractor as referred throughout the Contract Documents
means the Subcontractor or his authorized representative.
1.1.1.79. Substantial Completion - The time at which the Work (or a specified part thereof) has progressed to the
point where, in the opinion of the Owner, or its authorized representative, the Work (or a specified part thereof) is
sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can
be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially
completed" as applied to all or part of the Work refer to Substantial Completion thereof.
1.1.1.80. Supplemental Agreement - A written agreement executed by the Contractor and Owner supplementing the
Contract to cover Extra Work and/or changes and/or changed conditions incidental to and necessary for the
acceptable completion or the Project.
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1.1.1.81. Supplemental Specifications - Approved additions and/or revisions to the Standard Specifications,
including Technical Specifications.
1.1.1.82. Supplementary Conditions - That part of the Contract Documents that amends, or supplements,
where allowed, these General Conditions.
1.1.1.83 Supplier - A manufacturer, fabricator, supplier, distributor, materialmen, or vendor having a direct contract
with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work.
1.1.1.84. Surety - The insurance or bonding corporation or other legal entity, other than the Contractor,
authorized to do business in Puerto Rico, bound with and for the Contractor for the proposal guaranty and/or the
Payment Bond and/or the Performance Bond, or other bonds and insurances required by the Contract Documents.
1.1.1.85. Technical Specifications - The directions, provisions and requirements setting forth, or relating to, the
performance of the Work and to the kind and quality of materials and labor to be furnished under the Contract for the
execution of the Project. Any entity making changes in the Technical Specifications and/or Plans and Drawings,
must perform so complying with all laws, codes, rules and regulations applying to them.
1.1.1.86. Underground Facilities/Utilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults,
tanks, tunnels, or other such facilities or attachments, and any easements containing such facilities, including those that
convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water,
wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
1.1.1.87. Unit Price Work Work to be paid for based on unit prices.
1.1.1.88. Utility - A public or privately owned agency or entity and the lines and facilities for producing, transmitting
or distributing data or voice communications, power, electricity, gas, oil, gasoline, water, sewer and similar
commodities for public or private use.
1.1.1.89. Work - The entire construction referred to in the Agreement and the performance of the services identified to
be provided in the Contract Documents. Work includes and is the result of performing or providing all labor,
services, and documentation necessary to produce and make workable such construction, and furnishing, installing,
and incorporating all materials and equipment into such construction, all as required by the Contract Documents.
1.1.1.90. Work Change Directive A written statement to Contractor issued on or after the Effective Date of the
Agreement and signed by the Owner and recommended by the Architect/Engineer ordering an addition, deletion, or
revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which
the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price
or the Contract Time but is evidence that the parties expect that the change ordered or documented by a
Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by
the parties as to its effect, if any, on the Contract Price or Contract Time.
1.1.1.91. Work Order A written order, signed by the Owner, or its duly authorized representative, which
requires performance of a specific contractual issue by, the Contractor without negotiation of any sort. If
Contractor is not in agreement with the Work Order, he may present a Claim as established in Article 11.5.
1.1.1.92. Working Day A calendar day, exclusive of Saturday and Sunday and designated legal holidays. All
periods of time under the Contract Documents shall be measured in calendar days, unless Working Days are
specified.
1.1.1.93. Working Drawings - See Shop Drawings.
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1.1.1.94. Written Amendment See Supplemental Agreement.
1.2
Other Terms The Owner's manuals and sets of regulations contain additional terms, not included
above, which are used in the plans and other Contract Documents. Such terms shall be interpreted as defined
in the Owner's manuals and sets of regulations.
1.3
Terminology
1.3.1 Intent of Certain Terms or Adjectives.
1.3.1.1. Unless otherwise indicated in the Contract Documents, whenever in the Contract Documents the
terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable,"
"suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an
action or determination of Architect/Engineer as to the Work, it is intended that such action or determination
will be solely to evaluate, in general, the completed Work for compliance with the requirements of and
information in the Contract Documents and conformance with the design concept of the completed Project as
a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement
indicating otherwise). The use of any such term or adjective shall not be effective to assign to
Architect/Engineer any duty or authority to supervise or direct the performance of the Work or any duty or
authority to undertake responsibility contrary to the provisions of these General Conditions and the Contract
Documents.
1.3.2 Deficient.
1.3.2.1. The word "deficient," when modifying the word "Work," refers to Work, or part of it, that is
unsatisfactory, faulty, or defective in that it does not conform to the Contract Document or does not meet the
requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents,
or has been damaged prior to Owner's Representative's recommendation of final payment, unless
responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance
with these General Conditions.
1.3.3 Furnish, Install, Perform, Provide.
1.3.3.1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply
and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use,
assembling, or installation and in usable or operable condition.
1.3.3.2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into
use or place in final position, said services, materials, or equipment complete and ready for intended use.
1.3.3.3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall
mean to furnish and install said services, materials, or equipment complete and ready for intended use.
1.3.3.4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or
equipment in a context clearly requiring an obligation of Contractor, "install", "perform" and/or, "provide" is implied.
1.3.4 Únless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or
construction industry or trade meaning are used in the Contract Documents in accordance with such recognized
meaning.
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