Hidden Conditions Clause Samples
The Hidden Conditions clause addresses the discovery of unforeseen or concealed physical conditions at a project site that differ materially from those typically encountered or expected. In practice, this clause allows a contractor to notify the owner if such conditions are found, often leading to adjustments in the contract price or schedule to account for the additional work or costs required. Its core function is to allocate the risk of unknown site conditions, ensuring that contractors are not unfairly penalized for circumstances beyond their control and promoting fairness in project execution.
POPULAR SAMPLE Copied 14 times
Hidden Conditions. If unforeseen or concealed conditions are discovered, if Seller is unable to obtain the necessary local and municipal approvals for the Work, or if actual conditions are materially different than as represented by Purchaser or as originally planned for, then Seller shall be entitled to a mutually agreeable change order adjusting the price, materials and/or time to accommodate such conditions. In the event Purchaser elects not to make any such changes or the Work cannot proceed, either party may terminate this agreement and all payments, less $1500 paperwork processing fee, will be refunded within 10 days of notification to Seller and this Agreement shall be considered null and void.
Hidden Conditions. If, in the performance of the Contract, hidden physical conditions of a building being modified are exposed revealing unusual or materially different conditions than those ordinarily encountered or inherent in work of this nature, or if subsurface or latent conditions at the site are found which are materially different from those frequently present in the locality, from those indicated in the Contract Documents, or from those inherent in work of the character required by the Contract, the Contractor must report such conditions to the Division Manager before the conditions are disturbed. Upon such notice, or upon his own observation of such conditions, the Division Manager will make such changes in the Contract Documents as he finds necessary to conform to the different conditions. Any change in the cost of the Work or the time needed for completion must be requested pursuant to Section 19 of these General Conditions.
Hidden Conditions. A condition is hidden if concealed by existing finishes or structure or is not capable of investigation by reasonable visual observation. If the Architect has reason to believe that a condition may exist, the Owner will authorize and pay for all costs associated with the investigation of such condition. If
(1) the Owner fails to authorize such investigation after notification, or (2) the Architect has no reason to believe that such a conditions exists, the Architect will not be responsible for the existing conditions of any resulting damages or losses resulting therefrom.
Hidden Conditions. A condition is hidden if it cannot be investigated by reasonable visual observation or records reviewed as customary in the performance of the services being rendered. If the ENGINEER has reason to believe that such a condition may exist, the ENGINEER shall notify the OWNER who shall authorize and pay for costs associated with the investigation or correction after due notification, or the ENGINEER has no reason to believe that such a condition exists, the OWNER is responsible for all risks associated with this condition and the ENGINEER shall not be responsible for the existing condition nor any resulting damages to persons or property.
Hidden Conditions. 6 Descriptive Analysis
Hidden Conditions. We do our best to anticipate problems and provide you with a comprehensive proposal so there are no surprises. In the performance of our work we may find hidden damage, rot, hazardous materials or other pre-existing conditions. If any of these conditions exist, we will immediately stop work and inform you of our findings. If we can correct the deficiency, we will create a written change order for your review and approval. If we cannot correct the deficiency or are not licensed to do so, we will cooperate with you to reschedule our work to allow you to obtain to a qualified contractor to correct the deficiency.
Hidden Conditions. This Contract is based upon the identification of visible work and the known presence of hidden work (structural deficiencies or hidden utilities identified by owner). Should additional work be required to correct hidden deficiencies including without limitation building code violations, termite damage or infestation, asbestos, mold, lead paint, or damages to remove/reroute hidden utilities after construction work begins. A change order shall be required to complete the previously unidentified work. The cost to complete the additional work will be borne by owner and will be based on the same rates used by the various trades in the preparation of this contract, unless specialized services are required for testing and remediation. All work bid under this contract assumes that connections to existing utility services and building structural members can be completed in accordance with standard engineering and trade practices. Any unauthorized or illegal modification to owner’s residence must be brought into compliance with the governing building code by owner at his own expense and are not the responsibility of contractor, unless specifically stated or addressed in the contract. Should Contractor expose damaged materials during construction (such as rotted or insect damaged wood) or prior insufficient construction (such as improper footings or support, etc.), work on that portion of the scope will cease, the Owner will be notified and pricing will be given at that time to make necessary repairs.
Hidden Conditions. If, in the performance of the Contract, hidden physical conditions of a building being modified are exposed revealing unusual or materially different conditions than those ordinarily encountered or inherent in work of this nature, or if subsurface or latent conditions at the site are found which are materially different from those frequently present in the locality, from those indicated in the Contract Documents, or from those inherent in work of the character required by the Contract, the Contractor must report such conditions to the Director, Department of Public Works before the conditions are disturbed. Upon such notice, or upon his own observation of such conditions, the Director, Department of Public Works will make such changes in the Contract Documents as he finds necessary to conform to the different conditions. Any change in the cost of the Work or the time needed for completion must be requested pursuant to Section 19 of these General Conditions.
Hidden Conditions. The Contractor shall not be responsible to bear the costs to repair unforeseen conditions on site that cause unusually high cost in performing remodeling work.Such conditions may include but are not limited to hidden pipes, wires, unexposed rot, old septic tanks, covered ▇▇▇▇▇ and cistern, bad soil conditions, foundations or other unusual conditions that are beyond what is specified in this contract. An agreed upon course of action and any associated extra expenses will be addressed with the Owner and CM if such occurrence arises.
Hidden Conditions. A condition is hidden if it cannot be investigated by reasonable visual observation or records reviewed as customary in the performance of the services being rendered. If the ENGINEER has reason to believe that such a condition may exist, the ENGINEER shall notify the OWNER who shall authorize and pay for costs associated with the investigation of such a condition and, if necessary, costs necessary to correct said condition. If the OWNER fails to authorize such investigation or correction after due notification, or the ENGINEER has no reason to believe that such a condition exists, the OWNER is responsible for all risks associated with this condition, and the ENGINEER shall not be responsible for the existing condition nor any resulting damages to persons or property.