Common use of Other Unforeseen Conditions Clause in Contracts

Other Unforeseen Conditions. If unknown physical conditions are encountered at the Site that differ materially from those indicated in the Contract Documents, then the Design-Builder shall give notice to the Program Manager promptly before conditions are further disturbed, but in no event later than two business days after the first observance of the conditions. The Program Manager shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Design-Builder's cost or time required for performance of any part of the Work, the Program Manager may recommend an adjustment by Change Order to the Contract Sum or Contract Time, or both. If the Program Manager determines that the conditions at the Site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Program Manager shall so notify the Owner and the Design-Builder in writing, stating the reasons. Protest by either party of the Program Manager’s decision shall be in accordance with Section 5, Part 2.