Common use of Concealed or Unknown Conditions Clause in Contracts

Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than twenty-one (21) calendar days after first observance of the conditions. The Owner will promptly investigate such conditions and, if the Owner determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will authorize an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner 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 Owner shall promptly notify the Contractor in writing, stating the reasons. If the Contractor disputes the Owner’s determination, the Contractor party may assert a Claim as provided in Article 15.

Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than twenty-one (21) calendar 14 days after first observance of the conditions. The Owner Architect will promptly investigate such conditions and, if the Owner Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will authorize recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Owner Architect 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 Owner Architect shall promptly notify the Contractor in writingOwner and Contractor, stating the reasons. If the Contractor either party disputes the OwnerArchitect’s determinationdetermination or recommendation, the Contractor that party may assert submit a Claim as provided in Article 15.

Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than twenty-one (21) calendar 21 days after first observance of the conditions. The Owner Architect will promptly investigate such conditions and, if the Owner Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will authorize recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner Architect 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 Owner Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If the Contractor either party disputes the OwnerArchitect’s determinationdetermination or recommendation, the Contractor that party may assert a Claim proceed as provided in Article 15.

Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than twenty-one 14 seven (217) calendar days after first observance of the conditions. The Owner Architect will promptly investigate such conditions and, if the Owner Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will authorize recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Owner Architect 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 Owner Architect shall promptly notify the Contractor in writingOwner and Contractor, stating the reasons. If the Contractor either party disputes the OwnerArchitect’s determinationdetermination or recommendation, the Contractor that party may assert submit a Claim as provided in Article 15.

Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect Design Agent before conditions are disturbed and in no event later than twenty-one (21) calendar 21 working days after first observance of the conditions. The Owner Design Agent will promptly investigate such conditions and, if the Owner Design Agent determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will authorize recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner Design Agent 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 Owner Design Agent shall promptly notify the Owner and Contractor in writing, stating the reasons. If the Contractor either party disputes the OwnerDesign Agent’s determinationdetermination or recommendation, the Contractor that party may assert a Claim proceed as provided in Article 15.

Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner Owner, Tectonic and the Architect before conditions are disturbed and in no event later than twenty-one (21) calendar 5 days after first observance of the conditions. The Owner Architect will promptly investigate such conditions and, if the Owner Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will authorize recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Owner Architect 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 Owner Architect shall promptly notify the Contractor in writingOwner and Contractor, stating the reasons. If the Contractor either party disputes the OwnerArchitect’s determinationdetermination or recommendation, the Contractor that party may assert submit a Claim as provided in Article 15.