Common use of CONCEALED CONDITIONS Clause in Contracts

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. ‌ 12.4.1 Contractor shall promptly notify 41.1 In the Contracting Officer in writing if it discovers that (i) actual subsurface event conditions or latent physical conditions are encountered at the Project site Site, which the Contractor pursuant to its responsibilities set forth in Section 56 of the General Conditions, did not discover and in accordance with the Standard of Care set forth in Paragraph 1.4 of the Agreement could not have discovered, and which are: (i) subsurface or otherwise concealed physical conditions which differ materially from those shown or indicated in the Contract Documents; or (ii) unknown physical conditions are encountered at the Project site that are of an unusual nature and/or nature, which differ materially from those ordinarily encountered found to exist and generally recognized as inherent in work similar in construction activities of the 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 provided for an increase in the Contract Price or extension of the Contract Time pursuant to this Section 12.4Documents, it shall give the Contracting Officer then written notice thereof prior to the end of the second business day after discovery of the conditions. This notice by Contractor shall be given by to Owner before conditions are disturbed, but in no event later than twenty-four (24) hours after such conditions are first observed, or should reasonably have been observed. The Owner will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, Owner will make an adjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions at the Project Site are not materially different from those indicated in the Contract Documents and that no adjustment is justified, the Owner shall notify the Contractor before proceeding to execute further Work and no claim shall be valid for any Work performed prior to delivery of written notice to in writing, stating the Contracting Officerreasons therefor. If Contractor disagrees with Owner’s determination, except (i) in an emergency endangering life or property in which case Contractor shall proceed may submit a Claim in accordance with the procedures and requirements contained in Section 10.3; or (ii60 of the General Conditions. Unless the Owner expressly agrees otherwise, no increase in Contract Time shall be made for any suspension(s) in Work resulting from a concealed condition if the case suspension(s) 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.lasts less then ten

CONCEALED CONDITIONS. ‌ 12.4.1 The Contractor shall promptly notify the Contracting Officer in writing writing, if it discovers that (ia) actual subsurface conditions or latent physical conditions encountered at the Project site differ materially from those shown or indicated in the Contract Documents; , (iib) unknown physical conditions are encountered at the Project site that are site, of an unusual nature and/or nature, differ materially from those ordinarily encountered and recognized as inherent in work similar in character to the Work; , or (iiic) any reference points need correction to enable the Contractor to proceed with the Work. 12.4.2 If the Contractor wishes to make a claim for an increase in the Contract Price or extension of the Contract Time pursuant to this Section Paragraph 12.4, it shall give the Contracting Officer written notice thereof prior to the end of the second (2nd) business day after discovery of the conditions. This notice shall be given by the Contractor before proceeding to execute further Work and no Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Paragraph 10.3. No such claim shall be valid for any Work 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 . 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 allowed (a) if (i) the Contractor knew of the existence of those conditions before proceeding with the Work; , or (iib) Contractor should have discovered if those conditions could have been discovered by the types of reasonable exploration explorations and examination as required examinations for which the Contractor was made responsible under the Contract Documents.