Common use of Claims for Extraordinary Unforeseeable Subsurface or Concealed Conditions Clause in Contracts

Claims for Extraordinary Unforeseeable Subsurface or Concealed Conditions. .1 Under the provisions of this Agreement, including the representations and warranties of Design/Builder contained in Paragraphs 2.1(5) and (6), Design/Builder understands and agrees that the risk of increased costs in the Design Services and the Work caused by the conditions of the Project site, whether surface, subsurface, or other conditions which affect the site or the performance of Design Services or the Work have been transferred to and assumed by Design/Builder under this Agreement, and that such increased costs will be absorbed by Design/Builder, and that there will be no increase in the Fixed Contract Price as a result of Design/Builder encountering such conditions and increased costs. Notwithstanding this general transference of the risk of such conditions, the parties agree that there are limited circumstances under which Design/Builder may be entitled to an increase in the Fixed Contract Price due to conditions that are unknown, concealed, and unforeseeable conditions, as set forth in this Article.

Claims for Extraordinary Unforeseeable Subsurface or Concealed Conditions. .1 16.2.1 Under the provisions of this Agreement, including the representations and warranties of Design/Builder the Contractor contained in Paragraphs 2.1(5) and (6), Design/Builder the Contractor understands and agrees that the risk of increased costs in the Design Services and the Work caused by the conditions of the Project site, whether surface, subsurface, or other conditions which affect the site or the performance of Design Services or the Work have been transferred to and assumed by Design/Builder the Contractor under this Agreement, and that such increased costs will be absorbed by Design/Builderthe Contractor, and that there will be no increase in the Fixed Contract Price as a result of Design/Builder the Contractor encountering such conditions and increased costs. Notwithstanding this general transference of the risk of such conditions, the parties agree that there are limited circumstances under which Design/Builder the Contractor may be entitled to an increase in the Fixed Contract Price due to conditions that are unknown, concealed, and unforeseeable conditions, as set forth in this Article.