Common use of Differing Work Site Conditions Clause in Contracts

Differing Work Site Conditions. If conditions are encountered at the Work Site that are: (1) subsurface physical conditions, which differ materially from those indicated in the Contract Documents; or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing Party shall be given to the other Party promptly before conditions are disturbed and in no event later than seven (7) days after the first observance of the conditions. The Owner or Engineer will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor’s cost, or time required, for performance of any part of the Work; will recommend an equitable adjustment in the Lump Sum Price or the Substantial Completion Date, or both. However, any equitable adjustment in the Lump Sum Price shall not include additional general conditions costs. If the Owner determines that the conditions at the Work Site are not materially different from those indicated in the Contract Documents and that no change in the terms of this Contract is justified, the Owner shall so notify the Contractor in writing, stating the reasons. Claims by either Party in opposition to such determination must be made within fourteen (14) days after the Owner has given notice of the decision.

Differing Work Site Conditions. If conditions are encountered at the Work Site that are: (1) subsurface physical conditions, which differ materially from those indicated in the Contract Documents; or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing Party shall be given to the other Party promptly before conditions are disturbed and in no event later than seven (7) days after the first observance of the conditions. The Owner or Engineer will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor’s cost, or time required, for performance of any part of the Work; will recommend an equitable adjustment in the Lump Sum Contract Price or the Substantial Completion Date, or both. However, any equitable adjustment in the Lump Sum Contract Price shall not include additional general conditions costs. If the Owner determines that the conditions at the Work Site are not materially different from those indicated in the Contract Documents and that no change in the terms of this Contract is justified, the Owner shall so notify the Contractor in writing, stating the reasons. Claims by either Party the Contractor in opposition to such determination must be made within fourteen (14) days after the Owner has given notice of the decision.