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General

015Terms and Conditions

MD · 2025 Standard SpecificationsBook pages 8483View official source ↗

71

TC - SECTION 1: REFERENCES AND DEFINITIONS TERMS AND CONDITIONS TC - SECTION 1: REFERENCES AND DEFINITIONS

TC-1.01LANGUAGE

These specifications incorporate the selective use of the imperative mood. In general, specifications in the imperative mood will imply a direct responsibility upon the subject “the Contractor” to perform an action. Depending on the context of the specification, the subject may also be the supplier, fabricator, or manufacturer. For example, the imperative sentence “Notify the Bureau of Mines when coal is encountered” implies, “The Contractor shall notify the Bureau of Mines.” For specifications that are not in the imperative mood, the word “shall” refers to obligatory requirements or actions of the Contractor, supplier, fabricator, or manufacturer as applicable; “will” refers to actions of the Administration. All work pertaining to these Specifications shall be completed as specified in the Contract Documents or as directed by the Engineer. When used in these Specifications, the term “specified” refers to requirements stated herein or included elsewhere in the Contract Documents. Refer to GP-4.01. Terms such as directed, accepted, acceptable, approved, approval, authorized, determined, permitted, and satisfactory are implicitly followed by the words “by the Engineer”, “to the Engineer”, or “of the Engineer.” The word “submit” or “submittal” implies that the Contractor shall provide the applicable submittal in writing to the Engineer for approval. If otherwise, the Contract Documents will specify where to make the submittal. No applicable work may proceed without written approval. These requirements apply to all submittals, whether for details, methods, schedules, or materials. Refer to TC-4.01 and Section 499. The word “ensure” obligates the Contractor to fulfill a specific requirement or complete an indicated action in conformity with the Contract Documents. The phrase “remove and dispose” obligates the Contractor to assume possession of the specified material, remove it from the area, and properly dispose of it off site. Even when not specifically addressed, all waste materials shall be disposed of in this manner. All costs for this work shall be included in the applicable Contract work at no additional cost to the Administration. Unless otherwise specified, when terms such as “repair”, “restore”, “replace”, and “remove and replace” are used in reference to unacceptable work, whatever the reason or cause for the work being rejected, it shall be implicitly understood that the Contractor shall perform the applicable

Source: Maryland Standard Specifications for Construction and Materials, 2025 Edition. Pages 8483 of 1,113.