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

Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Design- Build Documents or (2) unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Design-Build Documents, then the Design-Builder shall give notice to the Owner promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Owner shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Design-Builder’s cost of, or time required for, performance of any part of the Work, shall negotiate with the Design-Builder an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions at the site are not materially different from those indicated in the Design-Build Documents and that no change in the terms of the Design-Build Contract is justified, the Owner shall so notify the Design-Builder in writing, stating the reasons. Claims by the Design-Builder in opposition to such determination must be made within 21 days after the Owner has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Design-Builder cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall proceed pursuant to Section A.4.2.

Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Design- Build Contract Documents or (2) unknown physical conditions of an unusual nature nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Design-Build Contract Documents, then notice by the Design-Builder observing party shall give notice be given to the Owner other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Owner shall will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Design-Builder’s cost of, or time required for, performance of any part party of the Work, shall negotiate with the Design-Builder Work will make an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions at the site are not materially different from those indicated in the Design-Build Contract Documents and that no change in the terms of the Design-Build Contract is justified, the Owner shall so notify the Design-Builder in writing, stating the reasons. Claims by the Design-Builder in opposition to such determination must be made within 21 days after the Owner has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Design-Builder parties cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall proceed pursuant to be initially determined in accordance with Section A.4.2.

Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Design- Build Contract Documents or (2) unknown physical conditions of an unusual nature nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Design-Build Contract Documents, then the Design-Builder notice by Contractor shall give notice be given to the Owner promptly before conditions are disturbed and in no event later than 21 ten (10) days after first observance of the conditionsconditions or after Contractor first recognizes or should have reasonably observed or discovered such condition, whichever is later. The Owner shall will promptly investigate such conditions and, if the Owner determines that they differ materially and cause an increase or decrease in the Design-Builder’s Contractor's cost of, or time required for, performance of any part of the Work, shall negotiate with the Design-Builder will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions at the site are not materially different from those indicated in the Design-Build Contract Documents and that no change in the terms of the Design-Build Contract is justified, the Owner shall so notify the Design-Builder Contractor and Architect in writing, stating the reasons. Claims by the Design-Builder Contractor in opposition to such determination must be made within 21 twenty-one (21) days after the Owner has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Design-Builder Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall proceed be referred to Architect for initial determination, subject to further proceedings pursuant to Section A.4.2.4.4

Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Design- Build Contract Documents or (2) unknown physical conditions of an unusual nature nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Design-Build Contract Documents, then notice by the Design-Builder observing party shall give notice be given to the Owner other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Owner shall Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Design-Builder’s Contractor's cost of, or time required for, performance of any part of the Work, shall negotiate with the Design-Builder will recommend an equitable adjustment in the Contract Sum or applicable Contract Time, or both. If the Owner Architect determines that the conditions at the site are not materially different from those indicated in the Design-Build Contract Documents and that no change in the terms of the Design-Build Contract is justified, the Owner Architect shall so notify the Design-Builder Owner and Contractor in writing, stating the reasons. Claims by the Design-Builder either party in opposition to such determination must be made within 21 days after the Owner Architect has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and applicable Contract Time shall be equitably adjusted, but if the Owner and Design-Builder Contractor cannot agree on an adjustment in the Contract Sum or applicable Contract Time, the adjustment shall proceed be referred to the Architect for initial determination, subject to further proceedings pursuant to Section A.4.24.4.

Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Design- Build Contract Documents or (2) unknown physical conditions of an unusual nature nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Design-Build Contract Documents, then notice by the Design-Builder observing party shall give notice be given to the Owner other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Owner shall Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Design-BuilderContractor’s cost of, or time required for, performance of any part of the Work, shall negotiate with the Design-Builder will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner Architect determines that the conditions at the site are not materially different from those indicated in the Design-Build Contract Documents and that no change in the terms of the Design-Build Contract is justified, the Owner Architect shall so notify the Design-Builder Owner and Contractor in writing, stating the reasons. Claims by the Design-Builder either party in opposition to such determination must be made within 21 days after the Owner Architect has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Design-Builder Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall proceed be referred to the Architect for initial determination, subject to further proceedings pursuant to Section A.4.2Paragraph 4.4.

Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Design- Build Contract Documents or (2) unknown physical conditions of an unusual nature nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Design-Build Contract Documents, then notice by the Design-Builder observing party shall give notice be given to the Owner other party promptly before conditions are disturbed and in no event later than 21 calendar days after first observance of the conditions. The Owner shall Design Professional will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Design-Builder’s CONSTRUCTION MANAGER’S cost of, or time required for, performance of any part of the Work, shall negotiate with the Design-Builder will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner Design Professional determines that the conditions at the site are not materially different from those indicated in the Design-Build Contract Documents and that no change in the terms of the Design-Build Contract is justified, the Owner Design Professional shall so notify the Design-Builder OWNER and CONSTRUCTION MANAGER in writing, stating the reasons. Claims by the Design-Builder either party in opposition to such determination must be made within 21 calendar days after the Owner Design Professional has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner OWNER and Design-Builder CONSTRUCTION MANAGER cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall proceed pursuant be referred to Section A.4.2the Design Professional for initial determination, subject to further proceedings.