Common use of Concealed or Unknown Conditions Clause in Contracts

Concealed or Unknown Conditions. If the Design-Builder encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Design- Build Documents or (2) unknown physical conditions of an unusual nature that 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, the Design-Builder shall promptly provide notice to the Owner 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 the Owner determines that 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, and that the Design-Builder could not have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, may either recommend an equitable adjustment in the Contract Sum or Contract Time, or both, or may use the Owner’s Allowance. If the Owner determines that the conditions at the site are not materially different from those indicated in the Design-Build Documents or that the Design-Builder should have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, and that no change in the terms of the Contract is justified, the Owner shall promptly notify the Design-Builder in writing, stating the reasons. If the Design-Builder disputes the Owner’s determination or recommendation, the Design-Builder may proceed as provided in Article 14.

Concealed or Unknown Conditions. If the Design-Builder encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Design- Build Documents or (2) unknown physical conditions of an unusual nature that 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, the Design-Builder shall promptly provide notice to the Owner before conditions are disturbed and in no event later than 21 seven (7) days after first observance of the conditions; otherwise Design- Builder’s Claim will be barred. The Owner shall promptly investigate such conditions and, if the Owner determines that 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, and that the Design-Builder could not have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, may either shall recommend an equitable adjustment in the Contract Sum or Contract Time, or both, or may use the Owner’s Allowance. If the Owner determines that the conditions at the site are not materially different from those indicated in the Design-Build Documents or that the Design-Builder should have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, and that no change in the terms of the Contract is justified, the Owner shall promptly notify the Design-Builder in writing, stating the reasons. If the Design-Builder disputes the Owner’s determination or recommendation, the Design-Builder may proceed as provided in Article 14. No increase to the Contract Sum or Contract Time shall be allowed if the Design-Builder knew of the concealed conditions prior to its executing the Contract or such conditions were reasonably discernable from the bidding documents or a careful review of the project site. If the Design-Builder encounters such a condition, and proceeds to perform any additional work or incur any additional jobsite costs in regard to such condition without prior written direction from Owner, Design-Builder will be deemed to have acknowledged that such condition does not entitle Design-Builder to any additional compensation or extension of the Contract Time.

Concealed or Unknown Conditions. If the Design-Builder encounters conditions at the site Site that are are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Design- Design-Build Documents or (2) unknown physical conditions of an unusual nature that 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 Documentsexist, the Design-Builder shall promptly provide notice to the Owner and Project Manager before conditions are disturbed and in no event later than 21 days seven (7) Days after first observance of the conditions. The Owner shall Project Manager will promptly investigate such conditions and, if the Owner Project Manager determines that 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, and that the Design-Builder could not have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, may either recommend an equitable adjustment in the Contract Sum or Contract Time, or both, or may use the Owner’s Allowanceactual adjustment of which is subject to Owner approval. If the Owner and Design-Builder cannot agree on an adjustment in the Contract Sum or Contract Time, the Design-Builder may make a Claim pursuant to Article 14. If the Project Manager determines that the conditions at the site Site are not materially different from those indicated in the Design-Build Documents or that the Design-Builder should have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, and that no change in the terms of the Contract is justified, the Owner Project Manager shall promptly notify the Owner and Design-Builder in writing, stating the reasons. If Notwithstanding the foregoing, no adjustment in the Contract Sum or Contract Time shall be allowed to the extent that the Design-Builder disputes knew, or reasonably should have known of these conditions prior to the Owner’s determination or recommendation, the Design-Builder may proceed as provided in Article 14date of this Agreement.

Concealed or Unknown Conditions. If the Design-Builder encounters conditions at the site that it could not have discovered by a diligence surface and subsurface site investigation as required by the Contract, and that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Design- Build Documents or observable from the required inspections, or (2) unknown physical conditions of an unusual nature that 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, the Design-Builder shall promptly provide notice to the Owner before conditions are disturbed and in no event later than 21 five (5) days after first observance of the conditions. The Owner shall promptly investigate such conditions and, if the Owner determines that they differ materially from that those could have been discovered from a diligence surface and subsurface site investigation as required by the Contract and cause an increase or decrease in the Design-Builder’s cost of, or time required for, performance of any part of the Work, and that the Design-Builder could not have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, may either shall recommend an equitable adjustment in the Contract Sum or Contract Time, or both, or may use the Owner’s Allowance. If the Owner determines that the conditions at the site are not materially different from those indicated in the Design-Build Documents or that the Design-Builder should have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, and that no change in the terms of the Contract is justified, the Owner shall promptly notify the Design-Builder in writing, stating the reasons. If the Design-Builder disputes the Owner’s determination or recommendation, the Design-Builder may proceed as provided in Article 14.

Concealed or Unknown Conditions. If the Design-Builder Contractor encounters conditions at the site that are are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Design- Build Contract Documents or (2) unknown physical conditions of an unusual nature that 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, the Design-Builder Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 10 days after first observance of the conditions. The Owner shall Architect will promptly investigate such conditions and, if the Owner Architect determines that they conditions differ materially from the Contract Documents and cause an increase or decrease in the Design-BuilderContractor’s cost of, or time required for, performance of any part of the Work, and the Architect will recommend that the Design-Builder could not have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, may either recommend an equitable adjustment be made in the Contract Sum or Contract Time, or both, or may use the Owner’s Allowance. If the Owner Architect determines that the conditions at the site are not materially different from those indicated in the Design-Build Contract Documents or that the Design-Builder should have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, and that no change in the terms of the Contract is justified, the Owner Architect shall promptly notify the Design-Builder in writingOwner and Contractor, stating the reasons. If the Design-Builder either party disputes the OwnerArchitect’s determination or recommendation, the Design-Builder that party may proceed submit a Claim as provided in Article 1415. No adjustment in the Contract Time or Contract Sum shall be permitted, however, in connection with a concealed or unknown condition that does not differ materially from those conditions disclosed or which reasonably should have been disclosed by the Contractor’s prior inspections, tests, reviews and preconstruction services, which the Contractor had the opportunity to make or should have performed in connection with the Project.

Concealed or Unknown Conditions. If the Design-Builder encounters conditions that it could not have discovered from a diligent surface and subsurface site investigation at the site that are are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Design- Design-Build Documents or observable from the required inspections or (2) unknown physical conditions of an unusual nature that 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, the Design-Builder shall promptly provide written notice to the Owner before conditions are disturbed and in no event later than 21 seven (7) days after first observance of the conditions. The Owner shall promptly investigate such conditions and, if the Owner determines that 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, and that the Design-Builder could not have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, may either shall recommend an equitable adjustment in the Contract Sum or Contract Time, or both, or may use the Owner’s Allowance. If the Owner determines that the conditions at the site are not materially different from those indicated in the Design-Design- Build Documents or that the Design-Builder should have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, and that no change in the terms of the Contract is justified, the Owner shall promptly notify the Design-Builder in writing, stating the reasons. If the Design-Builder disputes the Owner’s determination or recommendation, the Design-Builder may proceed as provided in Article 14. As a condition precedent to the Owner having any liability to the Design-Builder due to concealed and unknown conditions, the Design-Builder must give the Owner written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Design-Builder to give the written notice in accordance with this section and make a claim as provided in Article 14 shall constitute a waiver by the Design-Builder of any rights arising out of or relating to a concealed and unknown condition.

Concealed or Unknown Conditions. If the Design-Builder Construction Manager encounters conditions at the site that are are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Design- Build Contract Documents or (2) unknown physical conditions of an unusual nature nature, that 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, the Design-Builder Construction Manager shall promptly provide notice to the Owner and the Architect 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 the Owner Architect determines that they differ materially and cause an increase or decrease in the Design-BuilderConstruction Manager’s cost of, or time required for, performance of any part of the Work, and that will recommend to the Design-Builder could not have known of such conditions from a careful examination of the observable physical conditions at the siteOwner in writing, the Design-Build Documents, and/or information and services provided by the Owner, may either recommend an equitable adjustment in the Contract Sum Sum, GMP or Contract Time, or both, or may use the Owner’s Allowance. If the Owner Architect determines that the conditions at the site are not materially different from those indicated in the Design-Build Contract Documents or that the Design-Builder should have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, and that no change in the terms of the Contract is justified, the Owner Architect shall promptly notify the Design-Builder Owner and Construction Manager in writing, stating the reasons. If the Design-Builder either party disputes the OwnerArchitect’s determination or recommendation, the Design-Builder that party may proceed as provided in Article 1415. No adjustment in the GMP, Contract Time or Contract Sum shall be permitted in connection with a concealed or unknown condition that does not differ materially from those conditions disclosed or based on data provided to Construction Manager and by the Construction Manager’s prior inspections, tests, reviews, and pre-construction services for the Project; or by the Construction Managers inspections, tests, reviews and pre-construction services that Construction Manager had the opportunity and obligation to make in connection with the Project but did not do so.

Concealed or Unknown Conditions. If In accordance with Public Contract Code section 7104, if the Design-Design- Builder encounters conditions at the site that are are (1) material that the Design-Builder believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or otherwise concealed latent physical conditions that differ materially at the site differing from those indicated in by information about the site made available to Design- Build Documents Builder prior to the deadline for submitting its proposal; or (23) unknown physical conditions at the site of an any unusual nature that differ nature, different materially from those ordinarily found to exist encountered and generally recognized as inherent in construction activities work of the character provided for in the Design-Build Documents, the Design-Builder shall promptly (within 48 hours) provide written notice to the Owner before conditions are disturbed and disturbed. Design-Builder has no right to an adjustment in no event later than 21 days after first observance of Contract Sum or Contract Time unless Design-Builder promptly (within 48 hours) notifies the conditionsOwner, except that Owner may extend the notification time upon Design-Builder’s written request in order to obtain additional relevant information. The Owner shall promptly investigate such conditions and, if the Owner determines that they differ do materially so differ, or do involve hazardous waste, and cause an a decrease or increase or decrease in the Design-Builder’s cost of, or the time required for, performance of any part of the Work, and that the Design-Builder could not have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, may either recommend shall make an equitable adjustment under the provisions set forth in the Contract Sum or Contract Time, or both, or may use the Owner’s AllowanceArticle 6 herein. If the Owner determines that the conditions at the site are not materially different from those indicated in the Design-Build Documents or that the Design-Builder should have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, and that no change in the terms of the Contract is justified, the Owner shall promptly notify the Design-Builder in writing, stating the reasons. If the Design-Builder disputes the Owner’s determination or recommendation, the Design-Builder may proceed as provided in Article 14.

Concealed or Unknown Conditions. If the Design-Builder encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Design- Build Documents or (2) unknown physical conditions of an unusual nature that 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, the Design-Builder shall promptly provide notice to the Owner before conditions are disturbed and in no event later than 21 seven (7) days after first observance of the conditions; otherwise Design- Builder’s Claim will be barred. The Owner shall promptly investigate such conditions and, if the Owner determines that 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, and that the Design-Builder could not have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, may either shall recommend an equitable adjustment in the Contract Sum or Contract Time, or both, or may use the Owner’s Allowance. If the Owner determines that the conditions at the site are not materially different from those indicated in the Design-Build Documents or that the Design-Builder should have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, and that no change in the terms of the Contract is justified, the Owner shall promptly notify the Design-Builder in writing, stating the reasons. If the Design-Builder disputes the Owner’s determination or recommendation, the Design-Builder may proceed as provided in Article 14. No increase to the Contract Sum or Contract Time shall be allowed if the Design-Builder knew of the concealed conditions prior to its executing the Contract or such conditions were reasonable discernable from the bidding documents or a careful review of the project site. If the Design-Builder encounters such a condition, and proceeds to perform any additional work or incur any additional jobsite costs in regard to such condition without prior written direction from Owner, Design-Builder will be deemed to have acknowledged that such condition does not entitle Design-Builder to any additional compensation or extension of the Contract Time.

Concealed or Unknown Conditions. If the Design-Builder encounters conditions at the site that are are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Design- Build Documents or (2) unknown physical conditions of an unusual nature that 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, the Design-Builder shall promptly provide notice to the Owner 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 the Owner determines that 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, and that the Design-Builder could not have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, may either shall recommend an equitable adjustment in the Contract Sum or Contract Time, or both, or may use the Owner’s Allowance. If the Owner determines that the conditions at the site are not materially different from those indicated in the Design-Build Documents or that the Design-Builder should have known of such conditions from a careful examination of the observable physical conditions at the site, the Design-Build Documents, and/or information and services provided by the Owner, and that no change in the terms of the Contract is justified, the Owner shall promptly notify the Design-Builder in writing, stating the reasons. If the Design-Builder disputes the Owner’s determination or recommendation, the Design-Design- Builder may proceed as provided in Article 14. As a condition precedent to the Owner having any liability to the Design-Builder due to concealed and unknown conditions, the Design-Builder must give the Owner (including the City of Durham) written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Design-Builder to give the written notice and make the claim as provided in Article 14 shall constitute a waiver by the Design-Builder of any rights arising out of or relating to such concealed and unknown condition.