Common use of Unforeseen Project Site Conditions Clause in Contracts

Unforeseen Project Site Conditions. 5.3.1 Contractor shall immediately provide written notice to Owner apprising Owner of unforeseen conditions encountered, including: a) Subsurface or latent physical conditions encountered at the site which differ materially from those indicated in the Contract Documents and which were not known by the Contractor or could not have been discovered by careful examination and investigation of the information available at bid time and the site, and which could adversely affect the timely performance of the Work or its cost or; b) Unknown and unexpected physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered in the locale or generally recognized as inherent in the sort of work provided for in the Contract Documents. The Contractor shall not disturb or modify such conditions without Owner’s prior written consent. 5.3.2 The DP and/or the Owner shall within ten (10) days or such other reasonable time as necessary, investigate the conditions discovered. If the DP and/or the Owner find that conditions are so materially different as to support an equitable adjustment in the Contract Price or the Contract Time, this will be done by written Change Order or Amendment. If the DP and/or the Owner determine that no Change Order or Amendment will be issued, the Contractor shall continue with the Work at no additional cost. 5.3.3 No claim by the Contractor for an increase in the Contract Price or Contract Time hereunder shall be allowed without proper advance notice and an adequate opportunity for the Owner to investigate. 5.3.4 In no event shall the Contract Time or Contract Price be adjusted for conditions that could have and should have been identified by the Contractor through its investigations or survey of existing conditions prior to bid submission. 5.3.5 If Owner determines Contractor has no entitlement to an adjustment in Contract Price or Contract Time for what Contractor contends is an unforeseen Project Site condition, Contractor may only proceed in pursuit of its position or claim in accordance with the provisions of Section 11 of these General Conditions.