Examples of Unforeseeable Conditions in a sentence
SECTION SIX: ALTERATIONS OR MODIFICATIONS Any Homeowner-initiated alterations or modifications to the work outlined in Section One and the price therefore, and any additional work due to Hidden Defects, Concealed and Unforeseeable Conditions and the price therefor, must be agreed upon by the parties in a written “Change Order,” before work on such alteration or modification shall commence.
In general, Unforeseeable Conditions changes are to be paid for from the Construction Contingency Fund, provided that the maximum cost of Unforeseeable Conditions chargeable to the Construction Contingency shall be fifty percent (50%) of the original Construction Contingency amount.
Any entitlement to an increase in the Contract Amount or Contract Time on the part of Construction Manager, any Trade Contractor or subconsultant, other than pursuant to such an approved change resulting from District initiated changes and from changes due to Unforeseeable Conditions as defined in Section 2.10 shall be the financial responsibility of Construction Manager.
Thereafter, if Unforeseeable Conditions changes occur, the Construction Manager shall be entitled to a Change Order therefor, which must be presented to the Governing Board of the District for approval for payment.
In confirmation and furtherance of the foregoing, the DB Contractor acknowledges and agrees that it shall not be entitled to an adjustment in any GMP or the Contract Time based on general and local conditions (other than Unforeseeable Conditions at the Site) affecting the Project, the Site, or the performance of the Work, and the DB Contractor hereby waives any and all claims associated therewith.
In the unlikely event that the costs to address Unforeseeable Conditions, as defined in Section 2.10, result in a Change which makes it necessary to exceed the GMP Cost Summary statement, District and Construction Manager will work together to minimize any such costs and will present the costs to the District Board for approval as a result of Unforeseeable Conditions Changes.
Construction Manager is individually responsible to assure that it is specifically set forth on all change order documentation whether the Change is District Initiated, whether it is due to Unforeseeable Conditions.
The only changes for which Construction Manager’s contract amount may be increased are changes which result from District Initiated Changes, which are defined as those Changes in the Work that occur in the sole discretion of the District and which are for the primary purpose of providing for aesthetic and upgrade changes and from Changes Due to Unforeseeable Conditions and items as defined in Section 2.10, subject to the provisions of Section 9.1 hereof.
The total amount reimbursed by District for each Trade Contractor shall be no more than the amount of the original Trade Contract amount with such Changes as are approved due to changes which result from District initiated changes paid for from the District’s Contingency Fund and/or which are from Changes Due to Unforeseeable Conditions or as approved by District and Construction Manager and paid for from the Construction Contingency Fund.
If the Authority and the DB Contractor thereafter mutually determine that such concealed physical conditions are in fact Unforeseeable Conditions, then the DB Contractor will be entitled to seek an equitable adjustment in the applicable GMP(s) or the Contract Time as provided in Section 12.2 (Excusable Events).