14) A
general disclaimer provision in the contract stated that bidders were responsible for verifying the design before bidding, and "any condition that will require changes from the plans must be communicated to the architect for his approval prior to bidding and all of those changes must be included in the bid price.
Some of the issues Harvey and Shapreau discuss therefore remain untested-for example, whether
general disclaimers are legally adequate to downgrade catalog descriptions from statements of fact to informed opinion.
By using this disclaimer, Wachovia ignored specific guidance set forth in Notice to Members 04-18, published in March 2004, which expressly instructs firms that the use of
general disclaimers that are inconsistent with required disclosures violates FINRA's rules.
