Differing Site Condition Sample Clauses

A Differing Site Condition clause defines how unexpected physical conditions at a construction site, which differ from those indicated in the contract or ordinarily encountered, are to be addressed. When a contractor encounters such unforeseen conditions—like hidden subsurface rock or contaminated soil—they are typically required to promptly notify the owner or project manager. The clause outlines procedures for adjusting the contract price or schedule to account for these surprises. Its core function is to allocate the risk of unknown site conditions, ensuring that contractors are not unfairly penalized for circumstances beyond their control and that project costs and timelines can be fairly adjusted.
Differing Site Condition. THE SECOND PARAGRAPH IS CHANGED TO: The Department will make payment for increased costs resulting from a Type 1 or Type 2 Differing Site Condition as a change in the character of work; however, the Department will not consider making payment for a differing site condition unless the resulting change in cost exceeds $7,500. Except, if the Contractor incurs cost as the result of multiple differing site conditions, with the cost of each separate differing site condition having a value of at least $1,500 but not more than $7,500, the Department will consider making payment for such costs if the aggregate cost of the multiple differing site conditions exceeds $7,500. If the change in cost exceeds these amounts, the Department will base the modification on the total cost of the change, and the Department will not deduct the threshold amount of $7,500 from the cost of the change.
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Differing Site Condition. The engineering firm engaged by VPRA to prepare the Design. The Design Consultant for the Project is ▇▇▇▇▇▇▇ Transportation Group. Concealed or latent physical conditions or subsurface conditions at the Site that:
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Differing Site Condition. The conditions for a Project described in Article GC-4.5.1, provided that in all cases the Contractor had no actual or constructive knowledge of such conditions as of the effective date of the Task Order for such Project. The term “Differing Site Condition” for a Project specifically excludes Hazardous Materials identified in the General Requirements or other Contract Documents for such Project and any difference in groundwater depth from the depths noted in the Contract Documents for such Project.
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Differing Site Condition. The Owner does not warrant that any technical data, including the Project reference points, provided by the Owner are sufficient and complete for the purpose of selecting Means and Methods, initiating, maintaining and supervising safety precautions and programs or discharging any other obligation assumed by the DB Entity under the Contract Documents. If different or unknown site conditions are discovered, the DB Entity shall notify the Owner in writing before the conditions are disturbed or before proceeding with the affected Work. Upon review, if the Owner agrees that there are differing site conditions, the Owner may issue a written Contract Change Order to amend the Contract Price or Time through the Bulletin authorization process. If the Owner disagrees with the DB Entity and the DB Entity disagrees with the Owner’s decision, the DB Entity shall complete the Work and may deliver notice of a claim in accordance with the claim submittal process. No proposal or claim by the DB Entity due to differing site conditions will be allowed if the DB Entity knew of their existence before submitting its Bid or if the DB Entity could have discovered those conditions by any reasonable examinations during the design process for which the DB Entity is responsible under this Contract.
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Differing Site Condition. If the Contractor encounters (a) subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents and, when considered in context (specifically including the lapse of time and any subsequent activity), the Reference Documents or (b) unknown physical conditions of an unusual nature at the site differing materially from those ordinarily encountered and generally recognized as inherent in the Work of the character provided for in the Contract, the Contractor shall provide the Port oral or written notice promptly (and in no event more than 24 hours after discovery) and before the conditions are disturbed (for convenience in this paragraph, the “Initial Notice”). This deadline for the submission of this Initial Notice related to an alleged Differing Site Condition is in addition to (and not in lieu of) the seven (7) Dayday deadline described in Paragraph G-05.
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Differing Site Condition. During the progress of the Work, if Design-Builder encounters a subsurface or latent condition at the Site that is substantially different from those indicated in the Contract Documents or made available for examination, a differing Site condition may exist. Design-Builder shall immediately, in writing, notify the Architect, the Construction Administrator, and the Construction Inspector of the condition encountered. The Architect shall investigate the assertion of a differing Site condition by collecting the facts and applying the facts as expressed by the Architect to the appropriate provisions of the Contract Documents. If the Architect in the exercise of reasonable discretion determines that a differing Site condition exists and that the differing site condition directly results in extra Work, and if the Trustees concur, Design-Builder shall be entitled to a change order that shall compensate Design-Builder for the extra Work.‌
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Related to Differing Site Condition

  • Differing Site Conditions ‌ 3.19.1 This provision is applicable if the Project involves digging trenches or other excavations that extend deeper than four (4) feet below the surface. Contractor shall promptly, and before the following conditions are disturbed, provide written notice to City if the Contractor finds any of the following conditions: .1 Material that Contractor believes may be a hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law. .2 Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids. .3 Unknown physical conditions at the site of any unusual nature, differing materially different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. .4 Except as otherwise provided in this Section 3.19, and as specified under law, including Public Contract Code Section 7104, Contractor is responsible for performing the Work subject to existing site conditions, without adjustment to the Contract Sum or Contract Time. 3.19.2 City shall promptly investigate any of the above the conditions and if City finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described in the Contract Documents. The City may, acting in its sole discretion, extend the applicable deadline for submitting a Change Order Request when it is based upon differing conditions subject to Public Contract Code Section 7104. 3.19.3 In the event that a dispute arises between the City and the Contractor regarding any of the matters specified in subsection 3.19.1, above, Contractor shall not be excused from any scheduled completion date provided for in the Contract Documents, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by the Contract or by law which pertain to the resolution of disputes between Contractor and City.

  • Site Conditions A. Existing Site Conditions: Information with respect to the site of the Work given in drawings or specifications has been obtained by County's representatives and is believed to be reasonably correct, but the County does not warrant either the completeness or accuracy of such information, and it is the responsibility of the Contractor to verify all such information.

  • SUSPENSIVE CONDITION i) The contract only becomes binding and enforceable once: a. the Parties have signed this contract and the PRODUCER has received a MEATCO confirmation letter stipulating the applicable ▇▇▇▇▇▇▇▇▇ period and cattle quantity to be delivered to MEATCO; b. MEATCO agrees to provide a ▇▇▇▇▇▇▇▇▇ allocation to the PRODUCER on a first come first served basis principle, and at the sole discretion of MEATCO; and c. the PRODUCER has provided, within 10 business days of MEATCO’s request, a guarantee or security for the payment of the maximum penalty capable of being imposed in terms of clause A. vi) above to the satisfaction of MEATCO.

  • SUSPENSIVE CONDITIONS 2.1 This entire AGREEMENT is subject to the registration of transfer of ownership of the PROPERTY to the EMPLOYER. In the event that the PROPERTY is not transferred within 6 (six) months from date of signing of this Agreement by the CONTRACTOR, the CONTRACTOR reserves the right to: 2.1.1 increase the CONTRACT SUM, based on the current prices for the building materials, and the CONTRACTOR shall notify the EMPLOYER in writing of such increased cost and the EMPLOYER may then, at his/her option, cancel this agreement by providing written notice of cancellation to the CONTRACTOR within 5 (five) DAYS of receiving written notice from the CONTRACTOR in respect of the increased cost. Should written notice of cancellation not be forthcoming within the aforesaid period, the CONTRACTOR and the EMPLOYER shall proceed with the AGREEMENT at the increased CONTRACT SUM and the EMPLOYER shall be obliged to pay the increase in the CONTRACT SUM to the CONTRACTOR within 21 (twenty one) DAYS of receiving written notice from the CONTRACTOR in respect of the increased cost; or 2.1.2 cancel this AGREEMENT and the parties shall have no claim of whatsoever nature against each other. 2.2 This AGREEMENT is subject further to the EMPLOYER being offered a loan to be secured by a mortgage bond over the PROPERTY and improvements in the amount reflected in Schedule B or such lesser amount as the EMPLOYER may accept, within 30 (thirty) DAYS of the date of the CONTRACTOR’s signature of this AGREEMENT, which period may be extended in the CONTRACTOR’s sole discretion. Should no amount be inserted in the relevant field in the Schedule B, then the suspensive condition contained in this clause will not apply. In the event that the suspensive condition contained in this clause is not fulfilled, this AGREEMENT will lapse and the parties shall have no claim of whatsoever nature against each other.

  • Safe Conditions Whenever an employee reports a condition which the employee feels represents a violation of safety or health rules and regulations or which is an unreasonable hazard to persons or property, such conditions shall be promptly investigated. The appropriate administrator shall reply to the concern, in writing, if the employee's concern is communicated in writing.