Differing Site Condition Investigation Clause Samples
The Differing Site Condition Investigation clause establishes procedures for identifying and addressing unexpected physical conditions encountered at a construction site that differ from those indicated in the contract documents or are unusual for the type of work. When such conditions are discovered, the contractor is typically required to promptly notify the owner or project manager, who may then investigate the situation and determine any necessary adjustments to the contract, such as changes in price or schedule. This clause is essential for allocating risk and ensuring that both parties have a clear process for managing unforeseen site conditions, thereby minimizing disputes and project delays.
Differing Site Condition Investigation. 7.8.1 Promptly after receiving notice of a Differing Site Condition from the Contractor, the A/E shall investigate to determine whether the Contractor has encountered a Differing Site Condition.
7.8.2 The A/E shall give written notice of its determination to the Contracting Authority and Contractor within 10 days after completing the investigation.
7.8.3 If the A/E determines that the Contractor has encountered a Differing Site Condition, the A/E shall prepare (as appropriate) a resulting Change Order or a Change Directive through which the Contracting Authority may convey its disagreement with the A/E’s determination.
Differing Site Condition Investigation. 5.3.1 Promptly after receiving notice of a Differing Site Condition from the Contractor, the Criteria A/E shall investigate to determine whether the Contractor has encountered a Differing Site Condition.
5.3.2 The Criteria A/E shall give written notice of its determination to the Contracting Authority and Contractor within 10 days after completing the investigation.
Differing Site Condition Investigation. 2.7.4.1 Promptly after receiving notice of a Differing Site Condition from a Contractor, the CM, with the assistance of the A/E, shall investigate to determine whether the Contractor has encountered a Differing Site Condition.
2.7.4.2 The CM shall give written notice of its determination to the Contracting Authority, the A/E, and the Contractor within 10 days after completing the investigation.
2.7.4.3 If the CM determines that the Contractor has encountered a Differing Site Condition, the A/E shall process an appropriate Change Order.
Differing Site Condition Investigation. Promptly after receiving notice of a Differing Site Condition from the Contractor, the A/E shall investigate to determine whether the Contractor has encountered a Differing Site Condition. The A/E shall give written notice of its determination to the Contracting Authority and Contractor within 10 days after completing the investigation. If the A/E determines that the Contractor has encountered a Differing Site Condition, the A/E shall prepare (as appropriate) a resulting Change Order or a Change Directive through which the Contracting Authority may convey its disagreement with the A/E’s determination. Coordination Drawings The A/E shall review the Coordination Drawings to determine whether the Coordination Participants achieved the goals established in the coordination meetings. The A/E shall report any concerns, in writing, to the Coordination Participants within 14 days after receiving the drawings. If installed Work causes or contributes to interference with subsequent Work of a Separate Contractor, the A/E shall determine the needed modifications to the installed Work to accommodate the subsequent Work. If the Project is administered using the State’s web-based project management software, the A/E shall receive and forward Coordination Drawings to its Consultants using the “Submittals” business process. Submittal Review The A/E shall review Submittals such as Shop Drawings, Product Data, and Samples for conformity with design intent and conformity with the Contract Documents within 14 days of receiving Submittals or in accordance with the approved submittal schedule, or other period as mutually agreed by the A/E and Contractor. The A/E shall also review drawings, calculations, and designs required of the Contractor and its Subcontractors and provided with such Submittals (except calculations and designs of manufacturers of original equipment and systems to be installed in the Project and except calculations and designs which the Contract Documents expressly make the sole responsibility of the Contractor or one or more Subcontractors, Material Suppliers, or other persons). The A/E shall act upon resubmission of corrected Submittals within 14 days of receiving them, or other period as mutually agreed by the A/E and Contractor. The Contractor shall review and stamp “approved” all Submittals before forwarding them to the A/E. If it is apparent to the A/E that the Contractor has not reviewed the Submittals, or has conducted an incomplete review of them, the...
Differing Site Condition Investigation. Promptly after receiving notice of a Differing Site Condition from the Contractor, the Consultant shall investigate to determine whether the Contractor has encountered a Differing Site Condition. The Consultant shall give written notice of its determination to the Contracting Authority and the Contractor within 10 days after completing the investigation. - Additional Services General