Common use of Hidden Conditions Clause in Contracts

Hidden Conditions. A condition is hidden if it cannot be investigated by reasonable visual observation or records reviewed as customary in the performance of the services being rendered. If the CONSULTANT has reason to believe that such a condition may exist, the CONSULTANT shall notify the OWNER who shall authorize and pay for costs associated with the investigation of such a condition and, if necessary, costs necessary to correct said condition. If the OWNER fails to authorize such investigation or correction after due notification, or the CONSULTANT has no reason to believe that such a condition exists, the OWNER is responsible for all risks associated with this condition, and the CONSULTANT shall not be responsible for the existing condition nor any resulting damages to persons or property.

Hidden Conditions. A condition is hidden if it cannot be investigated by reasonable visual observation or records reviewed as customary in the performance of the services being rendered. If the CONSULTANT ENGINEER has reason to believe that such a condition may exist, the CONSULTANT ENGINEER shall notify the OWNER who shall authorize and pay for costs associated with the investigation of such a condition and, if necessary, costs necessary to correct said condition. If the OWNER fails to authorize such investigation or correction after due notification, or the CONSULTANT ENGINEER has no reason to believe that such a condition exists, the OWNER is responsible for all risks associated with this condition, and the CONSULTANT ENGINEER shall not be responsible for the existing condition nor any resulting damages to persons or property.