Common use of CONCEALED CONDITIONS Clause in Contracts

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.

Appears in 8 contracts

Samples: Design Build Agreement (Northern Growers LLC), Design Build Agreement (Great Plains Ethanol LLC), Design Build Agreement (Great Plains Ethanol LLC)

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CONCEALED CONDITIONS. 8.5.1 If conditions are encountered at the site Site which are are: (1i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2ii) 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 five (5) 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 five (5) days after the claimant becomes aware of the conditions.

Appears in 1 contract

Samples: Purchase Agreement (Sionix Corp)

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CONCEALED CONDITIONS. 8.5.1 § 8.6.1 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 ten (10) business days after first observance of the conditions. The Contract Sum shall be equitably adjusted for if applicable on account of such concealed or unknown conditions by Change Order upon claim by either party made within 21 fourteen (14) days after the claimant becomes aware of the conditions.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Design/Builder (Cubist Pharmaceuticals Inc)

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