I have a Canon 40D along with my 24-105 IS USM lens and everytime I used TV, AV mode it comes up with Error 01?

I have the Canon 40D along with the 24-105 IS USM lens and I do a lot of action photography and everytime I use TV or AV mode and I zoom the lens barrel in to around 35mm or above and the aperture is raised above 4.0 it comes up with "Error 01 Communications between the camera and lens is faulty - Clean the lens contacts", also I noticed that in Manual mode the aperture is only been registering 4.0 and not above - is there any reasons why this could be happening?