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.
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:
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.
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.
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.
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.