Common use of Possible Price and Time Adjustments Clause in Contracts

Possible Price and Time Adjustments. 11.2.3.1 The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work. 11.2.3.2 Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: 11.2.3.2.1 Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or 11.2.3.2.2 The existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or 11.2.3.2.3 Contractor failed to give the written notice within the time and as required above. 11.2.3.3 If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefore as provided in this Agreement. However, Owner, Architect, and Architect's Consultants shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

Possible Price and Time Adjustments. 11.2.3.1 The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Demolition Contractor's cost of, or time required for, for performance of the Demolition Work. 11.2.3.2 Demolition Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: 11.2.3.2.1 Demolition Contractor knew of the existence of such conditions at the time Demolition Contractor made a final commitment to Owner in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or 11.2.3.2.2 The existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Demolition Contractor prior to Demolition Contractor's making such final commitment; or 11.2.3.2.3 Contractor failed to give the written notice within the time and as required above. 11.2.3.3 If Owner and Demolition Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefore as provided in this Agreement. However, Owner, Architect, and Architect's Consultants shall not be liable to Demolition Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Demolition Contractor on or in connection with any other project or anticipated project.

Possible Price and Time Adjustments. 11.2.3.1 The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work. 11.2.3.2 Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: 11.2.3.2.1 Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or 11.2.3.2.2 The existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or 11.2.3.2.3 Contractor failed to give the written notice within the time and as required above. 11.2.3.3 If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefore therefor as provided in this Agreement. However, Owner, Architect, and Architect's Consultants shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.