WA9601-CS 980316 NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
FH~BERT L ClaLLARD IH Attorneys &Counselors at Law Jo,..m, ,. WO~.M
RO~E~ F, HAOE'm 1800 Lincoln Plaza JASON o,
PLFrER G. ~ J, DAVID CHZ)DD
DAVID M, BEllMAN 500 N0Z~h
BRUCE A. ~X:~RD Dalhs, Texas 75201 RoeERr L OlU..AWO,
(214) 965-9900 ~4. W0~s
Fax (214) 965,,0010 ~WRSNCE w.
E-mail NJDHS (~ NiDHS.com o~
March 16, 1998
VIA FACSIMILE 9721304-3570
K=n C,-rriffin
City Engineer
City of Coppell
255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
RE: Specifications and Contract Documents for the Construction of Wagon Wheel
Ranch 2. 0 M.G. Elevated Storage Tank
Dear Ken:
Upon review of the Contract Documents for Wagon Wheel Ranch, we suggest the
following changes to the contract.
In Article 7.1 we suggest the addition of the following language at the end of the
paragraph:
"CONTRACTOR assumes all risks regarding unknown or latent site conditions,
underground utilities and facilities and any and all ambiguities and/or defects in the project
plans and specifications."
In addition, in Section 1.36 Delays; Extension of Time; Liquidated Damages, we suggest
the addition of the following language at the end of the paragraph:
"No claims, damages or causes of action shall be made or asserted by the Contractor for
damages of any kind or nature resulting from hindrances and delays from any cause
(except where the work is stopped by order of the Owner) during the progress of any
portion of the work embraced in this contract, notwithstanding any term or provision
8S16820
K~ C~fiin
March 16, 1998
Page -2-
contained herein to the contrary. It is the intent of the parties that the Contractor's sole
and exclusive remedy shall be to request additional time as a change order in accordance
with the procedures set forth in this Contract, which request shall not be unreasonably
withheld,"
Thank you for your attention to this matter. If you have any questions in this regard,
please do not hesitate to contact me.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
Peter G. Smith
PGS/ttl
SS16820
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.E
** TOTAL P~GE.03 **