Common use of CONCEALED OR UNKNOWN SITE Clause in Contracts

CONCEALED OR UNKNOWN SITE. CONDITIONS If the conditions encountered at the Worksite are (a) subsurface or other physical conditions materially different from those indicated in the Contract Documents, or (b) unusual and unknown physical conditions materially different from conditions ordinarily encountered and generally recognized as inherent in Work provided for in the Contract Documents, the Construction Manager shall stop affected Work after the condition is first observed and give prompt written notice of the condition to the Owner and the Design Professional. The Construction Manager shall not disturb the condition. The Owner shall promptly investigate and determine whether or not the condition is concealed or unknown and promptly inform the Construction Manager of its decision in writing. The Construction Manager shall not be required to perform any Work relating to the unknown condition until instructed to do so by the Owner. Any change in the GMP, estimated Cost of the Work, Construction Manager's Fee, date of Substantial Completion or date of Final Completion, and, if appropriate, the Compensation for Preconstruction Services as a result of the unknown condition shall be determined as provided in Article 9.

Appears in 4 contracts

Samples: Standard Agreement, Standard Agreement, Standard Agreement

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CONCEALED OR UNKNOWN SITE. CONDITIONS If the conditions encountered at the Worksite are (a) subsurface or other physical conditions materially different from those indicated in the Contract Documents, or (b) unusual and unknown physical conditions materially different from conditions ordinarily encountered and generally recognized as inherent in Work provided for in the Contract Documents, the Construction Manager shall stop affected Work after the condition is first observed and give prompt written notice of the condition to the Owner and the Design Professional. The Construction Manager shall not disturb the condition. The Owner shall promptly investigate and determine whether or not the condition is concealed or unknown and promptly inform the Construction Manager of its decision in writing. The Construction Manager shall not be required to perform any Work relating to the unknown condition until instructed to do so by the Owner. Any change in the GMP, estimated Cost of the Work, Construction Manager's Fee, date Date of Substantial Completion or date Date of Final Completion, and, if appropriate, the Compensation for Preconstruction Services as a result of the unknown condition shall be determined as provided in Article ARTICLE 9.

Appears in 2 contracts

Samples: Standard Agreement, Standard Agreement

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