Common use of Unforeseen Site Conditions Clause in Contracts

Unforeseen Site Conditions. 2.05.1 If the Contractor discovers one or both of the following physical conditions of the surface or subsurface at the Project site, before disturbing the physical condition, the Contractor shall promptly notify the Authority of the physical condition in writing: (a) A subsurface or other latent physical condition at the site differs materially from the condition indicated in the Contract Documents. (b) A previously unknown physical condition at Project the site is of an unusual nature differing materially from conditions ordinarily encountered and generally recognized as inhering in work of the character provided for in the Agreement. 2.05.2 If the Authority receives a notice under Section 2.04.1, the Authority shall promptly investigate the physical condition. 2.05.3 If the Authority reasonably determines that the physical conditions do materially differ and will cause an increase or decrease in costs or additional time needed to perform the contract, the Authority’s determination shall be made in writing and an equitable adjustment shall be made and the Agreement modified in writing accordingly. 2.05.4 The Contractor cannot make a claim for additional costs or time because of a physical condition unless the Contractor has complied with the notice requirements of Section 2.05.1. The Authority may extend the time required for notice under Section 2.05.1. 2.05.5 The Contractor cannot make a claim for an adjustment under the Agreement after the Contractor has received the final payment under the Agreement.

Unforeseen Site Conditions. 2.05.1 If the Contractor discovers one or both of the following physical conditions of the surface or subsurface at the Project site, before disturbing the physical condition, the Contractor shall promptly notify the Authority of the physical condition in writing: (a) A subsurface or other latent physical condition at the site differs materially from the condition indicated in the Contract Documents. (b) A previously unknown physical condition at Project the site is of an unusual nature differing materially from conditions ordinarily encountered and generally recognized as inhering in work of the character provided for in the Agreement. 2.05.2 If the Authority receives a notice under Section 2.04.12.05.1, the Authority shall promptly investigate the physical condition. 2.05.3 If the Authority reasonably determines that the physical conditions do materially differ and will cause an increase or decrease in costs or additional time needed to perform the contract, the Authority’s determination shall be made in writing and an equitable adjustment shall be made and the Agreement modified in writing accordingly. 2.05.4 The Contractor cannot make a claim for additional costs or time because of a physical condition unless the Contractor has complied with the notice requirements of Section 2.05.1. The Authority may extend the time required for notice under Section 2.05.1. 2.05.5 The Contractor cannot make a claim for an adjustment under the Agreement after the Contractor has received the final payment under the Agreement.