Common use of Possible Price and Times Adjustments Clause in Contracts

Possible Price and Times Adjustments. 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; subject, however, to the following: a. such condition must meet any one or more of the categories described in paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of para- graphs 9.08 and 11.03. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. 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 b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, 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 c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A. 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 therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER’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 Times Adjustments. 1. The Contract Price or the Contract Times, or both, will may be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTORContractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in paragraph Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of para- graphs 9.08 Paragraphs 9.07 and 11.03. 2. CONTRACTOR Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR Contractor knew or should have known of the existence of such conditions at the time CONTRACTOR Contractor made a final commitment to OWNER in Owner with respect of to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- rationexploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR Contractor prior to CONTRACTORContractor's making such final commitment; or c. CONTRACTOR Contractor failed to give the written notice within the time and as required by paragraph Paragraph 4.03.A. 3. If OWNER Owner and CONTRACTOR 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 therefor as provided in paragraph Paragraph 10.05. However, OWNER, ENGINEEROwner and Project Administrator, and ENGINEER’s Consultants any of their Related Entities shall not be liable to CONTRACTOR 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 Contractor on or in connection with any other project or anticipated project.

Possible Price and Times Adjustments. 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 in- crease or decrease in CONTRACTOR’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such Such condition must meet any one or more of the categories described in paragraph 4.03.A; and b. with With respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of para- graphs paragraphs 9.08 and 11.03. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR CON- TRACTOR 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 negotiat- ed contract; or b. the The existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- rationexploration, 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 c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A. 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 therefor therefore as provided in paragraph 10.05. However, OWNER, ENGINEERARCHITECT, and ENGINEERARCHITECT’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 engineersENGINEER’s, 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 Times Adjustments. 1. The Contractor shall be entitled to an equitable adjustment in Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such a differing subsurface or physical condition condition, or any related delay, disruption, or interference, causes an increase or decrease in CONTRACTORContractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet fall within any one or more of the categories described in paragraph 4.03.A; andParagraph 5.04.A; b. with respect to Work that is paid for on a Unit Price Basisunit price basis, any adjustment in Contract Price will be subject to the provisions of para- graphs 9.08 and 11.03Paragraph 13.03; and, c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. 2. CONTRACTOR Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. CONTRACTOR Contractor knew of the existence of such conditions condition at the time CONTRACTOR Contractor made a final commitment to OWNER in Owner with respect of to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could reasonably have been discovered or revealed as a result of any examination, investigation, explo- rationexploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR Contractor prior to CONTRACTOR's Contractor’s making such final commitment; or c. CONTRACTOR Contractor failed to give the written notice within the time and as required by paragraph 4.03.A.Paragraph 5.04.A. 3. If OWNER Owner and CONTRACTOR are unable to Contractor agree on regarding Contractor’s entitlement to or on and the amount or extent, if any, extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Claim Change Order. 4. Contractor may be made therefor as provided submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER’s Consultants shall not be liable to CONTRACTOR for any claims, costs, lossesthe Contract Price or Contract Times, or damages (including but not limited both, no later than 30 days after Owner’s issuance of the Owner’s written statement to all fees and charges of engineers, architects, attorneys, and other professionals and all court Contractor regarding the subsurface or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or physical condition in connection with any other project or anticipated projectquestion.

Possible Price and Times Adjustments. 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; subject, however, to the following: a. such Such condition must meet any one or more of the categories described in paragraph 4.03.A; and b. with With respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of para- graphs paragraphs 9.08 and 11.03. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR CON- TRACTOR 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 b. the The existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- rationexploration, 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 c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A. 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 therefor therefore as provided in paragraph 10.05. However, OWNER, ENGINEERARCHITECT, and ENGINEERARCHITECT’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 engineersENGINEER’s, 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 Times Adjustments. 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; subject, however, to the following: a. such condition must meet any one or more of the categories described in paragraph Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of para- graphs 9.08 Paragraphs 9.07 and 11.03. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. 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 b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- rationexploration, 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 ’s making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as required by paragraph Paragraph 4.03.A. 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 therefor therefore as provided in paragraph Paragraph 10.05. HoweverX xxxxxx, OWNER, ENGINEER, and ENGINEER’s Consultants any of their Related Entities 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.in