Common use of Soils Investigation Report & Site Due Diligence Clause in Contracts

Soils Investigation Report & Site Due Diligence. 11.2.1. When a soils investigation report obtained from test holes at Site is available, that report shall be available to the Contractor but shall not be a part of this Contract. Any information obtained from that report or any information given on Drawings as to subsurface soil condition or to elevations of existing grades or elevations of underlying rock is approximate only, is not guaranteed, does not form a part of this Contract. Contractor may reasonably rely thereon, however the Districts makes no warranty regarding the completeness or accuracy of any such report or other information regarding subsurface conditions. Contractor acknowledges that it has made visual examination of Site and has made whatever tests Contractor deems appropriate to determine underground condition of soil. 11.2.2. If Contractor encounters subsurface or latent conditions at Site materially differing from those shown on Drawings or indicated in Specifications, or for unknown conditions of an unusual nature that differ materially from those ordinarily encountered in the Work of the character provided for in the Contract Documents, Contractor shall give notice to the District immediately before conditions are disturbed and in no event later than ten (10) days after first observance of the conditions. 11.2.2.1. The District will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor’s cost of, or time required for, performance of any part of the Work, will equitably adjustment the Contract Sum or Contract Time, or both. 11.2.2.2. If the District determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the District will notify Contractor in writing, stating the reasons. 11.2.2.3. If after receiving the response, Contractor still intends to pursue a Claim, it shall provide written notice within ten (10) days after it has received the decision. 11.2.2.4. Conditions will not be qualified as concealed or unknown if they were readily visible or reasonably observable.

Soils Investigation Report & Site Due Diligence. 11.2.1. When a soils investigation report obtained from test holes at Site is available, that report shall be available to the Contractor Developer but shall not be a part of this Contract. Any information obtained from that report or any information given on Drawings as to subsurface soil condition or to elevations of existing grades or elevations of underlying rock is approximate only, is not guaranteed, does not form a part of this Contract. Contractor Developer may reasonably rely thereon, however the Districts makes no warranty regarding the completeness or accuracy of any such report or other information regarding subsurface conditions. Contractor Developer acknowledges that it has made visual examination of Site and has made whatever tests Contractor Developer deems appropriate to determine underground condition of soil. 11.2.2. If Contractor Developer encounters subsurface or latent conditions at Site materially differing from those shown on Drawings or indicated in Specifications, or for unknown conditions of an unusual nature that differ materially from those ordinarily encountered in the Work of the character provided for in the Contract Documents, Contractor Developer shall give notice to the District immediately before conditions are disturbed and in no event later than ten (10) days after first observance of the conditions. 11.2.2.1. The District will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor’s cost of, or time required for, performance of any part of the Work, will equitably adjustment the Contract Sum or Contract Time, or both.and 11.2.2.2. If the District determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the District will notify Contractor Developer in writing, stating the reasons. 11.2.2.3. If after receiving the response, Contractor Developer still intends to pursue a Claim, it shall provide written notice within ten (10) days after it has received the decision. 11.2.2.4. Conditions will not be qualified as concealed or unknown if they were readily visible or reasonably observable.

Soils Investigation Report & Site Due Diligence. 11.2.1. When a soils investigation report obtained from test holes at Site is available, that report shall be available to the Contractor but shall not be a part of this Contract. Any information obtained from that report or any information given on Drawings as to subsurface soil condition or to elevations of existing grades or elevations of underlying rock is approximate only, is not guaranteed, does not form a part of this Contract. Contractor may reasonably rely thereon, however the Districts makes no warranty regarding the completeness or accuracy of any such report or other information regarding subsurface conditions. Contractor acknowledges that it has made visual examination of Site and has made whatever tests Contractor deems appropriate to determine underground condition of soil.whatever 11.2.2. If Contractor encounters subsurface or latent conditions at Site materially differing from those shown on Drawings or indicated in Specifications, or for unknown conditions of an unusual nature that differ materially from those ordinarily encountered in the Work of the character provided for in the Contract Documents, Contractor shall give notice to the District immediately before conditions are disturbed and in no event later than ten (10) days after first observance of the conditions. 11.2.2.1. The District will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor’s cost of, or time required for, performance of any part of the Work, will equitably adjustment the Contract Sum or Contract Time, or both. 11.2.2.2. If the District determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the District will notify Contractor in writing, stating the reasons. 11.2.2.3. If after receiving the response, Contractor still intends to pursue a Claim, it shall provide written notice within ten (10) days after it has received the decision. 11.2.2.4. Conditions will not be qualified as concealed or unknown if they were readily visible or reasonably observable.

Soils Investigation Report & Site Due Diligence. 11.2.1. When a soils investigation report obtained from test holes at Site is available, that report shall be available to the Contractor Developer but shall not be a part of this Contract. Any information obtained from that report or any information given on Drawings as to subsurface soil condition or to elevations of existing grades or elevations of underlying rock is approximate only, is not guaranteed, does not form a part of this Contract. Contractor Developer may reasonably rely thereon, however the Districts makes no warranty regarding the completeness or accuracy of any such report or other information regarding subsurface conditions. Contractor Developer acknowledges that it has made visual examination of Site and has made whatever tests Contractor Developer deems appropriate to determine underground condition of soil. 11.2.2. If Contractor Developer encounters subsurface or latent conditions at Site materially differing from those shown on Drawings or indicated in Specifications, or for unknown conditions of an unusual nature that differ materially from those ordinarily encountered in the Work of the character provided for in the Contract Documents, Contractor Developer shall give notice to the District immediately before conditions are disturbed and in no event later than ten (10) days after first observance of the conditions. 11.2.2.1. The District will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in ContractorDeveloper’s cost of, or time required for, performance of any part of the Work, will equitably adjustment the Contract Sum or Contract Time, or both. 11.2.2.2. If the District determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the District will notify Contractor Developer in writing, stating the reasons. 11.2.2.3. If after receiving the response, Contractor Developer still intends to pursue a Claim, it shall provide written notice within ten (10) days after it has received the decision. 11.2.2.4. Conditions will not be qualified as concealed or unknown if they were readily visible or reasonably observable.

Soils Investigation Report & Site Due Diligence. 11.2.1. When a soils investigation report obtained from test holes at Site is available, that report shall be available to the Contractor but shall not be a part of this Contract. Any information obtained from that report or any information given on Drawings as to subsurface soil condition or to elevations of existing grades or elevations of underlying rock is approximate only, is not guaranteed, does not form a part of this Contract. Contractor may reasonably rely thereon, however the Districts makes no warranty regarding the completeness or accuracy of any such report or other information regarding subsurface conditions. Contractor acknowledges that it has made visual examination of Site and has made whatever tests Contractor deems appropriate to determine underground condition of soil. 11.2.2. If Contractor encounters subsurface or latent conditions at Site materially differing from those shown on Drawings or indicated in Specifications, or for unknown conditions of an unusual nature that differ materially from those ordinarily encountered in the Work of the character provided for in the Contract Documents, Contractor shall give notice to the District immediately before conditions are disturbed and in no event later than ten (10) days after first observance of the conditions. 11.2.2.1. The District will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor’s cost of, or time required for, performance of any part of the Work, will equitably adjustment the Contract Sum or Contract Time, or both. 11.2.2.2. If the District determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the District will notify Contractor in writing, stating the reasons. 11.2.2.3. If after receiving the response, Contractor still intends to pursue a Claim, it shall provide written notice within ten (10) days after it has received the decision. 11.2.2.4. Conditions will not be qualified as concealed or unknown if they were readily visible or reasonably observable.

Soils Investigation Report & Site Due Diligence. 11.2.110.3.1. When a soils investigation report obtained from test holes at Site is available, that report shall be available to the Contractor but shall not be a part of this Contract. Any information obtained from that report or any information given on Drawings as to subsurface soil condition or to elevations of existing grades or elevations of underlying rock is approximate only, is not guaranteed, does not form a part of this Contract. Contractor may reasonably rely thereon, however the Districts makes no warranty regarding the completeness or accuracy of any such report or other information regarding subsurface conditions. Contractor acknowledges that it has made visual examination of Site and has made whatever tests Contractor deems appropriate to determine underground condition of soil. 11.2.210.3.2. If Contractor encounters subsurface or latent conditions at Site materially differing from those shown on Drawings or indicated in Specifications, or for unknown conditions of an unusual nature that differ materially from those ordinarily encountered in the Work of the character provided for in the Contract DocumentsUnforeseen Site Conditions, Contractor shall give notice to the District immediately before conditions are disturbed and in no event later than ten (10) days after first observance of the conditions. 11.2.2.110.3.2.1. The District will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor’s cost of, or time required for, performance of any part of the Work, will equitably adjustment the Contract Sum or Contract Time, or both. 11.2.2.210.3.2.2. If the District determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the District will notify Contractor in writing, stating the reasons. 11.2.2.310.3.2.3. If after receiving the response, Contractor still intends to pursue a Claim, it shall provide written notice within ten (10) days after it has received the decision. 11.2.2.410.3.2.4. Conditions will not be qualified as concealed or unknown if they were readily visible or reasonably observable.