Common use of Claims for Concealed or Unknown Conditions Clause in Contracts

Claims for Concealed or Unknown Conditions. Concealed or unknown physical conditions may include utility lines, other man-made structures, storage facilities, Pollutants and Pollutant Facilities, and the like, but do not include conditions discovered or that reasonably should have been discovered through reasonable visual site inspection, geotechnical testing, geotechnical information available to DESIGN-BUILD CONTRACTOR, or to the extent otherwise reasonably discoverable by a reasonably prudent DESIGN-BUILD CONTRACTOR, or that do not materially differ from those indicated in the Contract Documents, or information provided by City or those that should reasonably be anticipated, arising from DESIGN-BUILD CONTRACTOR’s operations, or failure of DESIGN-BUILD CONTRACTOR to properly protect and safeguard subsurface facilities, or that do not materially differ from those indicated in the Contract Documents, or information provided by City or those that should reasonably be anticipated. Subject to the foregoing, concealed conditions also include naturally-occurring soil conditions outside the range of soil conditions identified through geotechnical investigations, but do not include conditions arising from groundwater, rain, or flood. 4.3.5.1 If conditions are encountered at the site which are Underground Facilities or otherwise concealed or unknown conditions which differ materially from: 4.3.1.1.1 those indicated by the Contract Documents; or 4.3.1.1.2 conditions which DESIGN-BUILD CONTRACTOR reasonably could have discovered through site inspection, geotechnical testing, or to the extent otherwise reasonably discoverable by a reasonably prudent DESIGN-BUILD CONTRACTOR; then DESIGN-BUILD CONTRACTOR will give written notice to Director no later than seven (7) days after DESIGN-BUILD CONTRACTOR's first observation of the condition and before condition is disturbed. DESIGN-BUILD CONTRACTOR's failure to provide notice constitutes a waiver of a Claim. 4.3.5.2 Director will promptly investigate concealed or unknown conditions. If Director determines that conditions at the site are not materially different from those indicated in the Contract and that no change in a CGMP, the GMP, or Contract Time is justified, Director will notify DESIGN-BUILD CONTRACTOR in writing, stating reasons. If Director determines the conditions differ materially from those indicated by the Contract and cause increase or decrease in DESIGN-BUILD CONTRACTOR’s cost or time required for performance of part of the Work, Director will recommend an adjustment in a CGMP, the GMP, or Contract Time, or both (CGMP/GMP, as applicable, and Contract Time), as provided in Article 7. Opposition by a Party to the Director’s determination must be made within twenty- one (21) days after Director has given notice of the decision. If the Parties cannot agree on adjustment to a CGMP, the GMP or Contract Time, adjustment is subject to further proceedings pursuant to Paragraph 4.4.

Claims for Concealed or Unknown Conditions. Concealed or unknown physical conditions may include utility lines, other man-made structures, storage facilities, Pollutants and Pollutant Facilities, and the like, but do not include conditions discovered or that reasonably should have been discovered through reasonable visual site inspection, geotechnical testing, geotechnical information available to DESIGN-BUILD CONTRACTORDesign Build Contractor, or to the extent otherwise reasonably discoverable by a reasonably prudent DESIGN-BUILD CONTRACTORDesign Build Contractor, or that do not materially differ from those indicated in the Contract Documents, or information provided by City or those that should reasonably be anticipated, arising from DESIGN-BUILD CONTRACTORDesign Build Contractor’s operations, or failure of DESIGN-BUILD CONTRACTOR Design Build Contractor to properly protect and safeguard subsurface facilities, or that do not materially differ from those indicated in the Contract Documents, or information provided by City or those that should reasonably be anticipated. Subject to the foregoing, concealed conditions also include naturally-occurring soil conditions outside the range of soil conditions identified through geotechnical investigations, but do not include conditions arising from groundwater, rain, or flood. 4.3.5.1 If conditions are encountered at the site which are Underground Facilities or otherwise concealed or unknown conditions which differ materially from: 4.3.1.1.1 those indicated by the Contract Documents; or 4.3.1.1.2 conditions which DESIGN-BUILD CONTRACTOR Design Build Contractor reasonably could have discovered through site inspection, geotechnical testing, or to the extent otherwise reasonably discoverable by a reasonably prudent DESIGN-BUILD CONTRACTORDesign Build Contractor; then DESIGN-BUILD CONTRACTOR Design Build Contractor will give written notice to Director no later than seven (7) days after DESIGN-BUILD CONTRACTORDesign Build Contractor's first observation of the condition and before condition is disturbed. DESIGN-BUILD CONTRACTORDesign Build Contractor's failure to provide notice constitutes a waiver of a Claim. 4.3.5.2 Director will promptly investigate concealed or unknown conditions. If Director determines that conditions at the site are not materially different from those indicated in the Contract and that no change in a CGMP, the GMP, GMP or Contract Time is justified, Director will notify DESIGN-BUILD CONTRACTOR Design Build Contractor in writing, stating reasons. If Director determines the conditions differ materially from those indicated by the Contract and cause increase or decrease in DESIGN-BUILD CONTRACTORDesign Build Contractor’s cost or time required for performance of part of the Work, Director will recommend an adjustment in a CGMP, the GMPGuaranteed Maximum Price, or Contract Time, or both (CGMP/GMP, as applicable, and Contract Time)all, as provided in Article 7. Opposition by a Party Design Build Contractor to the Director’s determination must be made within twenty- twenty-one (21) days after Director has given notice of the decision. If the Parties cannot agree on adjustment to a CGMP, the GMP or Contract Time, adjustment is subject to further proceedings pursuant to Paragraph 4.4.

Claims for Concealed or Unknown Conditions. Concealed or unknown physical conditions may include utility lines, other man-made structures, storage facilities, Pollutants and Pollutant Facilities, and the like, but do not include conditions discovered or that reasonably should have been discovered through reasonable visual site inspection, geotechnical testing, geotechnical information available to DESIGN-BUILD CONTRACTORXXXX, or to the extent otherwise reasonably discoverable by a reasonably prudent DESIGN-BUILD CONTRACTORXXXX, or that do not materially differ from those indicated in the Contract Documents, or information provided by City or those that should reasonably be anticipated, arising from DESIGN-BUILD CONTRACTOR’s XXXX’x operations, or failure of DESIGN-BUILD CONTRACTOR XXXX to properly protect and safeguard subsurface facilities, or that do not materially differ from those indicated in the Contract Documents, or information provided by City or those that should reasonably be anticipated. Subject to the foregoing, concealed conditions also include naturally-occurring soil conditions outside the range of soil conditions identified through geotechnical investigations, but do not include conditions arising from groundwater, rain, or flood. 4.3.5.1 If conditions are encountered at the site which are Underground Facilities or otherwise concealed or unknown conditions which differ materially from: 4.3.1.1.1 4.3.5.1.1 those indicated by the Contract Documents; or 4.3.1.1.2 4.3.5.1.2 conditions which DESIGN-BUILD CONTRACTOR XXXX reasonably could have discovered through site inspection, geotechnical testing, or to the extent otherwise reasonably discoverable by a reasonably prudent DESIGN-BUILD CONTRACTORXXXX; then DESIGN-BUILD CONTRACTOR XXXX will give written notice to Director no later than seven (7) days after DESIGN-BUILD CONTRACTOR's XXXX'x first observation of the condition and before condition is disturbed. DESIGN-BUILD CONTRACTOR's XXXX'x failure to provide notice constitutes a waiver of a Claim. 4.3.5.2 Director will promptly investigate concealed or unknown conditions. If Director determines that conditions at the site are not materially different from those indicated in the Contract and that no change in a CGMP, the GMP, or Contract Time is justified, Director will notify DESIGN-BUILD CONTRACTOR XXXX in writing, stating reasons. If Director determines the conditions differ materially from those indicated by the Contract and cause increase or decrease in DESIGN-BUILD CONTRACTOR’s XXXX’x cost or time required for performance of part of the Work, Director will recommend an adjustment in a CGMP, the GMP, or Contract Time, or both (CGMP/GMP, as applicable, and Contract Time), as provided in Article 7. Opposition by a Party to the Director’s determination must be made within twenty- twenty-one (21) days after Director has given notice of the decision. If the Parties cannot agree on adjustment to a CGMP, the GMP or Contract Time, adjustment is subject to further proceedings pursuant to Paragraph 4.4.

Claims for Concealed or Unknown Conditions. Concealed or unknown physical conditions may include utility lines, other man-made structures, storage facilities, Pollutants and Pollutant Facilities, and the like, but do not include conditions discovered or that reasonably should have been discovered through reasonable visual site inspection, geotechnical testing, geotechnical information available to DESIGN-BUILD CONTRACTORXXXX, or to the extent otherwise reasonably discoverable by a reasonably prudent DESIGN-BUILD CONTRACTORXXXX, or that do not materially differ from those indicated in the Contract Documents, or information provided by City or those that should reasonably be anticipated, arising from DESIGN-BUILD CONTRACTOR’s XXXX’x operations, or failure of DESIGN-BUILD CONTRACTOR XXXX to properly protect and safeguard subsurface facilities, or that do not materially differ from those indicated in the Contract Documents, or information provided by City or those that should reasonably be anticipated. Subject to the foregoing, concealed conditions also include naturally-occurring soil conditions outside the range of soil conditions identified through geotechnical investigations, but do not include conditions arising from groundwater, rain, or flood. 4.3.5.1 If conditions are encountered at the site which are Underground Facilities or otherwise concealed or unknown conditions which differ materially from: 4.3.1.1.1 4.3.5.1.1 those indicated by the Contract Documents; or 4.3.1.1.2 conditions which DESIGN-BUILD CONTRACTOR reasonably could have discovered through site inspection, geotechnical testing, or to the extent otherwise reasonably discoverable by a reasonably prudent DESIGN-BUILD CONTRACTOR; then DESIGN-BUILD CONTRACTOR XXXX will give written notice to Director no later than seven (7) days after DESIGN-BUILD CONTRACTOR's XXXX'x first observation of the condition and before condition is disturbed. DESIGN-BUILD CONTRACTOR's XXXX'x failure to provide notice constitutes a waiver of a Claim. 4.3.5.2 Director will promptly investigate concealed or unknown conditions. If Director determines that conditions at the site are not materially different from those indicated in by the Contract and that no change in a CGMP, the GMP, GMP or Contract Time is justified, Director will notify DESIGN-BUILD CONTRACTOR XXXX in writing, stating reasons. If Director determines the conditions differ materially from those indicated by the Contract and cause increase or decrease in DESIGN-BUILD CONTRACTOR’s XXXX’x cost or time required for performance of part of the Work, Director will recommend an adjustment in a CGMP, the GMP, GMP or Contract Time, or both (CGMP/GMP, as applicable, and Contract Time)both, as provided in Article 7. Opposition by a Party to the Director’s determination must be made within twenty- twenty-one (21) days after Director has given notice of the decision. If the Parties cannot agree on adjustment to a CGMP, the GMP or Contract Time, adjustment is subject to further proceedings pursuant to Paragraph Section 4.4.