Common use of Notification Regarding Unusual Conditions Clause in Contracts

Notification Regarding Unusual Conditions. If (i) the General Contractor encounters concealed and unforeseen conditions of an unusual nature which affect the performance of the Work; or (ii) the conditions vary from those indicated by the Construction Documents; and (iii) such conditions are not ordinarily found to exist or differ materially from those generally recognized as inherent in work of the character provided by the General Contractor, the General Contractor shall promptly, but in no event later than three calendar days after first observance of the conditions, notify the appropriate Design Professional and the Owner’s Project Representative before conditions are disturbed and give the Design Professional or the Owner’s Project Representative opportunity to observe the condition in its undisturbed state. 18.1.1 The conditions will be promptly investigated and, if they differ substantially and cause a material increase or decrease in the General Contractor’s cost of, or time required for, performance of the Work, compensation or time for performance or both will be equitably adjusted. 18.1.2 All adjustments in compensation or extensions of time shall be by change order. Change order requests must be made within fourteen calendar days from the date of observation of the changed conditions. 18.1.3 The General Contractor's failure to notify the Design Professional and Owner’s Project Representative as provided in this Article shall constitute a waiver of any claim arising out of or relating to such concealed or unknown condition.

Appears in 2 contracts

Samples: Construction Agreement, Construction Agreement

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Notification Regarding Unusual Conditions. If (i) the General Contractor encounters concealed and unforeseen conditions of an unusual nature which affect the performance of the Work; or (ii) the conditions vary from those indicated by the Construction Documents; and (iii) such conditions are not ordinarily found to exist or differ materially from those generally recognized as inherent in work of the character provided by the General Contractor, the General Contractor shall promptly, but in no event later than three calendar days after first observance of the conditions, notify the appropriate Design Professional and the Owner’s Project Representative before conditions are disturbed and give the Design Professional or the Owner’s Project Representative opportunity to observe the condition in its undisturbed state. 18.1.1 The conditions will be promptly investigated and, if they differ substantially and cause a material increase or decrease in the General Contractor’s cost of, or time required for, performance of the Work, compensation or time for performance or both will be equitably adjusted. 18.1.2 All adjustments in compensation or extensions of time shall be by change order. Change order requests must be made within fourteen calendar days from the date of observation of the changed conditions. 18.1.3 The General Contractor's failure to notify the Design Professional and Owner’s Project Representative as provided in this Article shall constitute a waiver of any claim arising out of or relating to such concealed or unknown condition.

Appears in 2 contracts

Samples: Construction Agreement, Construction Agreement

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Notification Regarding Unusual Conditions. If (i) the General Contractor encounters concealed and unforeseen conditions of an unusual nature which affect the performance of the Work; or (ii) the conditions vary from those indicated by the Construction Documents; and (iii) such conditions are not ordinarily found to exist or differ materially from those generally recognized as inherent in work of the character provided by the General Contractor, the General Contractor shall promptly, but in no event later than three calendar two (2) business days after first observance of the conditions, notify the appropriate Design Professional Professional(s) and the Owner’s Project Representative Owner before conditions are disturbed and give the Design Professional Professional(s) or the Owner’s Project Representative Owner opportunity to observe the condition in its undisturbed state. 18.1.1 The conditions will be promptly investigated and, if they differ substantially and cause a material increase or decrease in the General Contractor’s 's cost of, or time required for, performance of the Work, compensation or time for performance or both will be equitably adjusted. 18.1.2 All adjustments in compensation or extensions of time shall be by change order. Change order requests must be made within fourteen (14) calendar days from the date of observation of the changed conditions. 18.1.3 The General Contractor's failure to notify the Design Professional Professional(s) and Owner’s Project Representative Owner as provided in this Article shall constitute a waiver of any claim arising out of or relating to such concealed or unknown condition.

Appears in 1 contract

Samples: Contract for Construction

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