Common use of Subsurface Conditions Clause in Contracts

Subsurface Conditions. The Engineer may advise the Owner to conduct soil and/or subsurface testing and analysis to provide information to the Owner, Engineer, and contractor(s) as to the subsurface conditions that may generally be encountered during subsurface construction. The Engineer cannot warrant or guarantee that the information provided is reflective of all subsurface conditions that may be encountered, or to the extent that subsurface conditions such as soil properties, groundwater, rock, etc., may vary from location to location throughout subsurface construction. Any unexpected change or unforeseen subsurface conditions (including those that may be caused by weather conditions) will be addressed when encountered and may result in a change in construction price and/or schedule, and the Engineer shall be held harmless from issues arising out of these unseen subsurface conditions.