Differing Site Conditions. a) The contractor shall promptly, and before such conditions are disturbed, notify the contracting officer in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in this contract; or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. The contracting officer shall promptly investigate the conditions, and if the contracting officer finds that such conditions do materially so differ and cause an increase or decrease in the contractor's cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly. b) No claim of the contractor under this clause shall be allowed unless the contractor has given the notice required in subparagraph "a" above; provided, however, the time prescribed therefore may be extended by the contracting officer. c) No claim by the contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.
Appears in 9 contracts
Samples: Contract for Activate Dental Clinic, Contract for Burger King Image Upgrade, Contract for Conversion of Food Service
Differing Site Conditions.
(a) The contractor Contractor shall promptly, and before such conditions are disturbed, notify the contracting officer Contracting Officer in writing of: (1) subsurface Subsurface or latent physical conditions at the site differing materially from those indicated in this contract; , or (2) unknown physical conditions at the site, of an unusual nature, differing materially material from those ordinarily encountered and generally recognized as inherent inhering in work of the character provided for in this contract. The contracting officer Contracting Officer shall promptly investigate the conditions, and if the contracting officer he finds that such conditions do materially so differ and cause an increase or decrease in the contractor's Contractor’s cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly.
(b) No claim of the contractor Contractor under this clause shall be allowed unless the contractor Contractor has given the notice required in subparagraph "in
(a" ) above; provided, however, the time prescribed therefore may be extended by the contracting officerGovernment.
(c) No claim by the contractor Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.
Appears in 6 contracts
Samples: Construction Contract, Construction Contract, Construction Contract
Differing Site Conditions.
a) The contractor shall promptly, and before such conditions are disturbed, notify the contracting officer in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in this contract; or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. The contracting officer shall promptly investigate the conditions, and if the contracting officer finds that such conditions do materially so differ and cause an increase or decrease in the contractor's cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly.
b) No claim of the contractor under this clause shall be allowed unless the contractor has given the notice required in subparagraph "a" above; provided, however, the time prescribed therefore may be extended by the contracting officer.
c) No claim by the contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.
Appears in 3 contracts
Samples: Contract for Shopping Center Image Upgrade, Contract for Electrical Improvements, Contract for Family Recreation Center
Differing Site Conditions.
a) The contractor shall promptly, and before such conditions are disturbed, notify the contracting officer in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in this contract; or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. The contracting officer shall promptly investigate the conditions, and if the contracting officer finds that such conditions do materially so differ and cause an increase or decrease in the contractor's cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly.
b) . No claim of the contractor under this clause shall be allowed unless the contractor has given the notice required in subparagraph "a" above; provided, however, the time prescribed therefore may be extended by the contracting officer.
c) . No claim by the contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.
Appears in 3 contracts
Samples: Contract for Services, Contract for Shopping Center Image Upgrade, Contract for Ordinance Troop Store Mpa Expansion
Differing Site Conditions.
(a) The contractor Contractor shall promptly, and before such conditions are disturbed, notify the contracting officer Contracting Officer in writing of: (1) subsurface Subsurface or latent physical conditions at the site differing materially from those indicated in this contract; , or (2) unknown physical conditions at the site, of an unusual nature, differing materially material from those ordinarily encountered and generally recognized as inherent inhering in work of the character provided for in this contract. The contracting officer Contracting Officer shall promptly investigate the conditions, and if the contracting officer he finds that such conditions do materially so differ and cause an increase or decrease in the contractor's Contractor’s cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly.
(b) No claim of the contractor Contractor under this clause shall be allowed unless the contractor Contractor has given the notice required in subparagraph "(a" ) above; provided, however, the time prescribed therefore may be extended by the contracting officerGovernment.
(c) No claim by the contractor Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.
Appears in 3 contracts
Samples: Construction Contract, Construction Contract, Construction Contract
Differing Site Conditions.
(a) The contractor Contractor shall promptly, and before such the conditions are disturbed, notify give a written notice to the contracting officer in writing of: Contracting Officer of--
(1) subsurface Subsurface or latent physical conditions at the site differing which differ materially from those indicated in this contract; or or
(2) unknown Unknown physical conditions at the site, of an unusual nature, differing which differ materially from those ordinarily encountered and generally recognized as inherent inhering in work of the character provided for in this the contract. .
(b) The contracting officer Contracting Officer shall promptly investigate the conditions, and if site conditions promptly after receiving the contracting officer finds that such notice. If the conditions do materially so differ and cause an increase or decrease in the contractorContractor's cost of, or the time required for, performance of performing any part of the work under this contract, whether or not changed as a result of such the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.
b(c) No claim of request by the contractor Contractor for an equitable adjustment to the contract under this clause shall be allowed allowed, unless the contractor Contractor has given the written notice required in subparagraph "a" aboverequired; provided, however, that the time prescribed therefore in paragraph (a) of this clause for giving written notice may be extended by the contracting officerContracting Officer.
c(d) No claim request by the contractor Contractor for an equitable adjustment hereunder to the contract for differing site conditions shall be allowed if asserted made after final payment under this contract.
Appears in 1 contract
Samples: Memorandum of Agreement
Differing Site Conditions.
a) The contractor A. Contractor shall promptly, and before such conditions are disturbed, notify the contracting officer in writing of: promptly give a written notice to Owner of (1i) subsurface or latent physical conditions at the site differing Site which differ materially from those indicated in this contract; the Contract Documents, or (2ii) unknown physical conditions at the siteSite, of an unusual nature, differing which differ materially from those ordinarily encountered and generally recognized as inherent inhering in work of the character provided called for in this contract. The contracting officer shall promptly by the Contract Documents.
B. Owner will investigate the conditions, and if Site conditions promptly after receiving the contracting officer finds that such notice. If the conditions do materially so differ and cause an increase or decrease in the contractorContractor's cost of, or the time required for, performance of performing any part of the work under this contractWork, whether or not changed as a result of such the conditions, an equitable adjustment shall be made under this clause and the contract Contract Price or Times modified in writing accordinglyby Change Order in accordance with Article 9.
b) C. No claim of the contractor request by Contractor for an equitable adjustment under this clause paragraph 4.2 shall be allowed unless the contractor Contractor has given the written notice required in subparagraph "a" aboverequired; provided, however, provided that Owner may extend the time prescribed therefore may be extended by the contracting officerin 9.3.A for giving written notice.
c) No claim by D. The provisions of this paragraph 4.2 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contractSite.
Appears in 1 contract
Samples: Comprehensive Agreement
Differing Site Conditions.
(a) The contractor Contractor shall promptly, and before such conditions are disturbed, notify the contracting officer Contracting Officer in writing of: :
(1) subsurface Subsurface or latent physical conditions at the site differing materially from those indicated in this contract; , or (2) unknown physical conditions at the site, of an unusual nature, differing materially material from those ordinarily encountered and generally recognized as inherent inhering in work of the character provided for in this contract. The contracting officer Contracting Officer shall promptly investigate the conditions, and if the contracting officer he finds that such conditions do materially so differ and cause an increase or decrease in the contractor's Contractor’s cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly.
(b) No claim of the contractor Contractor under this clause shall be allowed unless the contractor Contractor has given the notice required in subparagraph "in
(a" ) above; provided, however, the time prescribed therefore may be extended by the contracting officerGovernment.
(c) No claim by the contractor Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.
Appears in 1 contract
Samples: Construction Contract