Common use of Differing Work Site Conditions Clause in Contracts

Differing Work Site Conditions. (a) Pursuant to Paragraph entitled “Work Site Investigation and Conditions Affecting the Work”, the Contractor acknowledge that it had inspected the Work Site and satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered while performing the Work insofar as this information is reasonably ascertainable from an inspection of the Work Site. If the Contract encounters differing Work Site conditions from those identified under Paragraph entitled “Work Site Investigation and Conditions Affecting the Work”, the Contractor shall within five (5) days, and before the conditions are disturbed, give written notice to the Contracting Officer of one (1) subsurface or latent physical conditions at the Work Site, which differ materially from those ascertainable from an inspection of the Work Site under Paragraph entitled “Work Site Investigations and Conditions Affecting the Work”, or (2) unknown physical conditions at the Work Site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the Contract. The Project Manager shall investigate the Work Site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the Work under this Contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made and the Contract modified in writing provided the Contractor complies with Paragraph entitled “Equitable Adjustments”. No request by the Contractor for an equitable adjustment to the Contract under this subparagraph shall be allowed unless the Contractor has given the written notice required; provided, that the time prescribed in (a), above, for giving written notice may be extended by the Contracting Officer in his or her discretion No request by the Contractor for an equitable adjustment to the Contract for differing site conditions shall be allowed if made after final payment under this Contract.

Differing Work Site Conditions. (a) Pursuant to Paragraph entitled “Work Site Investigation and Conditions Affecting the Work”, the Contractor acknowledge that it had inspected the Work Site and satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered while performing the Work insofar as this information is reasonably ascertainable from an inspection of the Work Site. If the Contract encounters differing Work Site conditions from those identified under Paragraph entitled “Work Site Investigation and Conditions Affecting the Work”, the Contractor shall within five (5) days, and before the conditions are disturbed, give written notice to the Contracting Officer of one (1) subsurface or latent physical conditions at the Work Site, which differ materially from those ascertainable from an inspection of the Work Site under Paragraph entitled “Work Site Investigations and Conditions Affecting the Work”, or (2) unknown physical conditions at the Work Site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the Contract. ContractModification. (b) The Project Manager shall investigate the Work Site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s 's cost of, or the time required for, performing any part of the Work under this ContractContract Modification, whether or not changed as a result of the conditions, an equitable adjustment shall be made and the Contract Modification modified in writing provided the Contractor complies with Paragraph entitled “Equitable Adjustments”. . (c) No request by the Contractor for an equitable adjustment to the Contract Modification under this subparagraph shall be allowed unless the Contractor has given the written notice required; provided, that the time prescribed in (a), above, for giving written notice may be extended by the Contracting Officer in his or her discretion discretion (d) No request by the Contractor for an equitable adjustment to the Contract for differing site conditions shall be allowed if made after final payment under this ContractContract Modification.