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 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. 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. 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.
Hidden Conditions. 6 Descriptive Analysis
Hidden Conditions. A. A hidden condition is any feature that could not be discovered or reasonably inferred from a careful inspection of the site prior to demolition.
B. Promptly report hidden conditions to the Owner’s Representative.
C. Hidden conditions may cause damage to features that are to remain in a finished work if demolition operations continue. Stop demolition operations affected by hidden conditions until a determination is made by the Engineer.
D. Hidden conditions may cause a change in contract time or price.
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. Any area which is not exposed to view, is concealed, or is inaccessible because of soil, walls, floors, insulation, appliances, carpets, vapor barriers, ceilings, furnishings, personal belongings, or other obstacles, is not included in the inspection. Air conditioning equipment is not checked during weather below 65 degrees. Equipment or component ages are estimated and installations are not checked against manufacturer’s recommendations. Secured, drained or tagged equipment/faucets, etc., are not checked. Typically, this visual inspection will not be able to determine such items as: wire connections in unexposed locations; unexposed or small chimney or liner cracks/breaks; leakage or seepage occurring intermittently or under unusual weather conditions; presence of pests, chemicals or mold without obvious evidence; mechanical systems that allow discomfort during unusual or extreme weather conditions; intermittent occurrences and inter workings of mechanical devices (heat exchangers, compressors, etc.); underground pipes or conduits. Things will be cited as a problem only with the presence of clear physical evidence and many problems may escape detection during the standard visual inspection. The inspection is not conducted to determine or list every minor problem or condition that may exist in the home. Cosmetic deficiencies are considered to be obvious and are not generally listed. The Inspector will not check any area that poses a threat to the Inspector’s safety. Steep, slippery, or brittle roofs are not walked; attics with insulation that prevent safe footing are not traversed. The Inspector does not include any destructive testing or dismantling. Client shall assume the risk for all conditions which are concealed or which are obstructed from view at the time of the inspection.
Hidden Conditions. W&R shall not be responsible for the existence of any Hidden or Concealed Conditions, nor any damage to persons or property resulting therefrom, the existence of which was unknown to W&R and could not easily have become known by reasonable visual observation.
