Common use of Differing Site Conditions Clause in Contracts

Differing Site Conditions. A. The Contractor shall promptly, and before the conditions are disturbed, give written notice to the OWNER of (1) subsurface or latent physical conditions at the Site which differ materially from those indicated in this Contract, or (2) unknown physical conditions at the Site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. (“Materially” is defined as conditions causing costs not covered under unit price adjustments in excess of $10,000.00.) B. The OWNER or authorized representative 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 Contract, an equitable adjustment shall be made under this Article and the Contract modified in writing accordingly. C. No request by the Contractor for an equitable adjustment to the contract under this Article shall be allowed unless the Contractor has given the written notice required; provided that the time prescribed in paragraph (a) for giving written notice may be extended by the OWNER. D. No request by the Contractor for an equitable adjustment to the Contract for differing site conditions shall be allowed if made after final payment under this Contract.

Differing Site Conditions. ‌ A. The Contractor shall promptly, and before the conditions are disturbed, give written notice to the OWNER of (1) subsurface or latent physical conditions at the Site which differ materially from those indicated in this Contract, or (2) unknown physical conditions at the Site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. (“Materially” is defined as conditions causing costs not covered under unit price adjustments in excess of $10,000.00.) B. The OWNER or authorized representative 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 Contract, an equitable adjustment shall be made under this Article and the Contract modified in writing accordingly. C. No request by the Contractor for an equitable adjustment to the contract under this Article shall be allowed unless the Contractor has given the written notice required; provided that the time prescribed in paragraph (a) for giving written notice may be extended by the OWNER. D. No request by the Contractor for an equitable adjustment to the Contract for differing site conditions shall be allowed if made after final payment under this Contract.

Differing Site Conditions. A. The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the OWNER of (HISD Issuing Authority of: 1) subsurface . Subsurface or latent physical conditions at the Site site which differ materially from those indicated in this Contract, or (and all other Contract Documents, and 2) unknown . Unknown physical conditions at the Sitesite, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work Work of the character provided for in the this Contract. (“Materially” is defined as conditions causing costs not covered under unit price adjustments in excess of $10,000.00.) B. The OWNER or authorized representative HISD Issuing Authority shall investigate the Site 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, for performing any part of the Work under this ContractContract or applicable Job Order, whether or not changed as a result of the conditions, an equitable adjustment shall may be made under this Article by HISD and the Contract applicable Job Order will be modified in writing accordingly. C. No request by the Contractor for an equitable adjustment to the contract this Contract and/or any Job Order under this Article shall be allowed allowed, unless the Contractor has given the written notice required; provided that the time prescribed in paragraph (a) for giving written notice may be extended by the OWNER. D. No request by the Contractor for an equitable adjustment to the this Contract and/or any Job Order for differing site conditions shall be allowed if made after final payment under this Contract.