Common use of Differing Site Conditions Clause in Contracts

Differing Site Conditions. (a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to BSA of: (i) subsurface or latent physical conditions at the site which differ materially from those indicated in this Agreement, or (ii) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this agreement. (b) BSA shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this Agreement, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and this Agreement modified in writing accordingly. (c) No Claim by the Contractor for an equitable adjustment under this Article shall be allowed unless the Contractor has given the written notice required by this Article and otherwise complied with the Notification of Claims and Documentation Article.

Differing Site Conditions. (a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to BSA of: : (i1) subsurface or latent physical conditions at the site which differ materially from those indicated in this Agreement, or or (ii2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this agreement. (b) BSA shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this Agreement, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and this Agreement modified in writing accordingly. (c) No Claim by the Contractor for an equitable adjustment under this Article shall be allowed unless the Contractor has given the written notice required by this Article and otherwise complied with the Notification of Claims and Documentation Article.

Differing Site Conditions. ‌ (a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to BSA of: (i) subsurface or latent physical conditions at the site which differ materially from those indicated in this Agreement, or (ii) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this agreement. (b) BSA shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this Agreement, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and this Agreement modified in writing accordingly. (c) No Claim by the Contractor for an equitable adjustment under this Article shall be allowed unless the Contractor has given the written notice required by this Article and otherwise complied with the Notification of Claims and Documentation Article.