Unforeseen and Differing Site Conditions. 9.1.4 Owner’s Suspension of the Work as defined in Section 16.2
Unforeseen and Differing Site Conditions. Any Party who claims that a Differing Site Condition exists must notify the PMT in writing within 3 business days of first discovering the conditions and before the condition is disturbed. The PMT will promptly investigate whether a Differing Site Condition exists and the effect, if any, on VTS and/or VTC and render its decision pursuant to Section 4.7. Claims by any Party in opposition of the findings must be made within 21 calendar days after the PMT has given notice of its findings. If the Parties cannot agree whether the conditions are materially different or cannot agree on an adjustment in the VTC and/or VTS, the matter will be subject to the Dispute Resolution Process under Section 15.
Unforeseen and Differing Site Conditions. Subcontractor will provide prompt written notice to Contractor upon discovering Unforeseen and Differing Site Conditions. Notice must be provided before conditions are disturbed and in no event later than 5 business days after first observing the condition(s). Contractor will promptly investigate the conditions and, if they differ materially, the Contractor will recommend adjustment in the Subcontract Price or Contract Time, or both to Owner. Subcontractor’s recovery is subject to Contractor’s ability to recover under the Contract. If Contractor or Owner 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 Documents is justified, the Contractor will notify Subcontractor in writing, stating the reasons. Claims by Subcontractor in opposition to Owner or Contractor’s determination must be made within 5 business days after the date of the notice of decision. If Owner agrees that the conditions encountered are materially different, the Subcontract Price and/or Contract Time (if any) will be adjusted through Change Order to the extent that Contractor is able to recover for Subcontractor’s claim under the Contract.
