CONCEALED CONDITIONS. 12.2.1 Should concealed conditions encountered in the performance of the Work below the surface of the ground, or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, be encountered, the Contract Sum shall be equitably adjusted by Change Order upon claim by either
CONCEALED CONDITIONS. 8.5.1 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract 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 Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Contract Sum shall be equitably adjusted for such concealed or unknown conditions by Change Order upon claim by either party made within 21 days after the claimant becomes aware of the conditions.
CONCEALED CONDITIONS a. Contract Drawings showing the approximate location of existing and new utility lines, if any, have been identified and located as accurately as possible using readily available information. However, the Contractor is responsible for verifying the accuracy of all locations. If utilities require relocation or rerouting Contractor shall notify the Village and cooperate with the Village to make the required adjustments.
b. If utility service which is shown on the Drawings is interrupted for any reason, Contractor will work continuously to restore such service to the satisfaction of the Village at no additional cost to the Village. Should Contractor fail to proceed expeditiously with appropriate repairs, the Village shall have the right to have any needed repairs completed and the cost of such repairs shall be deducted from any amount due or to become due to Contractor.
c. If utility service, which is not shown or which is misidentified on the Drawings, the existence or proper location of which could have been discovered by careful examination and investigation of the Project site by Contractor, is interrupted for any reason, the entire cost to restore service to the satisfaction of the Village shall be paid by the Contractor.
d. Contractor shall promptly, but in no case more than ten (10) days from discoveryand before the conditions are disturbed, notify the Village in writing of:
i. Subsurface or latent physical conditions or any condition encountered at the site which differ materially from those indicated in the Contract and which were not known by Contractor or could not have been discovered by careful examination and investigation of the site of the proposedwork.
ii. Unknown and unexpected physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered in the locale or generally recognized as inherent in the work provided for in the Contract.
iii. Concealed or unknown conditions in an existing structure which are at variance with the conditions indicated by the Contract, which are of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work and which were not known by the Contractor and could not have been discovered by careful examination and investigation of the Project site.
iv. If the Village determines that changed conditions do not exist or are not materially different and no adjustment in the Contract Amount or time is warranted, the Co...
CONCEALED CONDITIONS. 11.1.1. Adjustment of Contract Sum or Contract Time
CONCEALED CONDITIONS. The parties acknowledge and agree that increased costs or schedule extensions due to any concealed conditions at the job site or other events and circumstances coming for the Buyer's sphere of influence including strikes of personnel not in our employ shall be to Buyer's account. Buyer shall hold Seller harmless for increased costs and grant any necessary schedule extensions if any concealed or hazardous conditions are found.
CONCEALED CONDITIONS.
12.4.1 Contractor shall promptly notify the Contracting Officer in writing if it discovers that (i) actual subsurface conditions or latent physical conditions encountered at the Project site differ materially from those shown or indicated in the Contract Documents; (ii) unknown physical conditions are encountered at the Project site that are of an unusual nature and/or differ materially from those ordinarily encountered and recognized as inherent in work similar in character to the Work; or (iii) any reference points need correction to enable Contractor to proceed with the Work.
12.4.2 If Contractor wishes to make a claim for an increase in the Contract Price or extension of the Contract Time pursuant to this Section 12.4, it shall give the Contracting Officer written notice thereof prior to the end of the second business day after discovery of the conditions. This notice shall be given by Contractor before proceeding to execute further Work and no claim shall be valid for any Work performed prior to delivery of written notice to the Contracting Officer, except (i) in an emergency endangering life or property in which case Contractor shall proceed in accordance with Section 10.3; or (ii) in the case of a tunnel or subsurface boring collapse, Contractor shall endeavor to protect its equipment and the completed Work without endangering the safety of any person.
12.4.3 No proposal or claim by Contractor due to differing site conditions shall be allowed if (i) Contractor knew of the existence of those conditions before proceeding with the Work; or (ii) Contractor should have discovered those conditions by reasonable exploration and examination as required under the Contract Documents.
CONCEALED CONDITIONS. SHOULD CONCEALED OR UNKNOWN CONDI- TIONS BELOW THE SURFACE OF THE GROUND OR CONCEALED OR UNKNOWN CONDI- TIONS IN AN EXISTING STRUCTURE, BE ENCOUNTERED WHICH ARE AT VARIANCE WITH THE CONDITIONS INDICATED BY THE CONTRACT DOCUMENTS, OR BE OF AN UNUSUAL NATURE, DIFFERING MATERIALLY FROM THOSE ORDINARILY ENCOUN- TERED AND GENERALLY RECOGNIZED AS INHERENT IN WORK OF THE CHARACTER PROVIDED FOR IN THIS CONTRACT, CONTRACTOR SHALL GIVE IMMEDIATE WRITTEN NOTICE THEREOF TO OWNER AND THE CONTRACT SUM SHALL BE AMENDED BY CHANGE ORDER UPON CLAIM BY EITHER OWNER OR CONTRACTOR WITHIN SEVEN (7) DAYS AFTER THE FIRST OBSERVANCE OF THE CONDITIONS.
CONCEALED CONDITIONS. If defects are discovered in the course of Service, that were not apparent on initial inspection of the Equipment, the Seller shall inform the Buyer about the additional Service and the costs thereof. The Seller will not perform the additional Service without a Change Order as per paragraph 6. The parties acknowledge and agree that increased costs or schedule extensions due to any concealed conditions at the job site or other events and circumstances coming from the Buyer's sphere of influence including strikes of his personnel shall be to Buyer's account.
CONCEALED CONDITIONS. Should concealed conditions encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Drawings, Specifications, or Owner furnished information or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, be encountered, the Guaranteed Maximum Price and the Construction Completion date shall be equitably adjusted by Change Order upon a request for Change Order in accordance with Article 10.2, provided, however, that no such adjustment shall be made if the Construction Manager has failed to comply with the requirements of Article 2.2(2).
CONCEALED CONDITIONS. 12.2.1 Should concealed conditions encountered in the performance of the Work below the surface of the ground, or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, be encountered, the Contract Sum shall be equitably adjusted by Change Order upon claim by either party made within twenty days after the first observance of the conditions.
