Common use of Subsurface Conditions Clause in Contracts

Subsurface Conditions. RMWD has not conducted subsurface investigations for the Work by borings, samples, tests, analysis, or otherwise. Neither RMWD or the Engineer warrant or guarantee the accuracy or adequacy of any such report or any data, statements, opinions, recommendations, or conclusions therein, nor shall RMWD or the Engineer be responsible or liable for any loss sustained by the Contractor because of any variance between the conditions indicated in or deduced by the Contractor from such a report or the Contract Documents and the actual conditions encountered in the Work. The Contractor shall make such subsurface investigations he/she may require to establish the true nature of the subsurface conditions affecting the Work, the difficulties which may be encountered (including subsurface rock or other obstacles), and the de- watering or other operations which may be required to complete the Work. No additions or extra payment will be made to the Contractor on account of any subsurface conditions whether or not known or latent, include rock. This paragraph shall be construed in accordance with Public Contract Code Section 7104 and Government Code Section 4215; to the extent such provisions may apply.

Appears in 4 contracts

Samples: Contract Agreement, Contract Agreement, Contract Agreement

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