Common use of Subsurface Conditions Clause in Contracts

Subsurface Conditions. Material below the surface of the ground is assumed to be earth and other material that can be removed by a backhoe or similar equipment. Should conditions encountered below the surface of the ground be at variance to conditions indicated by Drawings, Specifications, or geotechnical reports, and subject to Article 23 of the General Conditions, the Contract Price may be adjusted as provided in this Article for changes in the Work upon claim by either party made in writing within a reasonable time after the first observance of the conditions; PROVIDED, however, that the Contractor shall in any event give written notice to the Owner before proceeding to execute any change resulting from subsurface conditions; and PROVIDED FURTHER; that the Owner shall not be liable to the Contractor for any claim occasioned by the aforesaid subsurface conditions except in accordance with and pursuant to authorization of the Owner issued in writing prior to commencement of execution of the aforesaid change to which authorization the Contractor shall have taken no exception. If exception to the authorization be taken by the Contractor the Owner may issue an order pursuant to Article 29(i). Commencement of execution of work pursuant to Article 29(i) shall not exclude the recovery of damages by the Contractor under other Articles of the General Conditions, but the cost to the Owner for the changes executed pursuant to the aforesaid order shall not exceed the “net allowable expenditures” permitted to the Contractor under Article 29(i) plus the “allowance for overhead and profit” permitted under Article 29(i).

Subsurface Conditions. Material below the surface of the ground is assumed to be earth and other material that can be removed by a backhoe or similar equipment. Should conditions encountered below the surface of the ground be at variance to conditions indicated by Drawings, Specifications, or geotechnical reports, and subject to Article 23 of the General Conditions, the Contract Price may be adjusted as provided in this Article for changes in the Work upon claim by either party made in writing within a reasonable time after the first observance of the conditions; PROVIDED, however, that the Contractor shall in any event give written notice to the Owner before proceeding to execute any change resulting from subsurface conditions; and PROVIDED FURTHER; that the Owner shall not be liable to the Contractor for any claim occasioned by the aforesaid subsurface conditions except in accordance with and pursuant to authorization of the Owner issued in writing prior to commencement of execution of the aforesaid change to which authorization the Contractor shall have taken no exception. If exception to the authorization be taken by the Contractor Contractor, the Owner may issue an order pursuant to Article 29(i). Commencement of execution of work pursuant to Article 29(i) shall not exclude the recovery of damages by the Contractor under other Articles of the General Conditions, but the cost to the Owner for the changes executed pursuant to the aforesaid order shall not exceed the “net allowable expenditures” permitted to the Contractor under Article 29(i) plus the “allowance for overhead and profit” permitted under Article 29(i).