Common use of Concealed or Unknown Conditions Clause in Contracts

Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) sub-surface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which 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, then written notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than ten (10) Days after first observance of the conditions. The Owner shall promptly investigate such conditions and, if 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, shall provide an adjustment in the Contract Price 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 so notify the Contractor in writing, stating the reasons. Opposition to the Owner’s determination must be made in writing by the Contractor, stating his reasons therefor, within ten (10) Days after the Owner has given notice of the decision.

Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) sub-surface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which 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, then written notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than ten (10) Days after first observance of the conditions. The Owner shall promptly investigate such conditions and, if 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, shall provide an adjustment in the Contract Price 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 so notify the Contractor in writing, stating the reasons. Opposition to the Owner’s determination must be made in writing by the Contractor, stating his reasons therefor, within ten (10) Days after the Owner has given notice of the decision.ten

Concealed or Unknown Conditions. If the Contractor encounters conditions are encountered at the site which that are (1) sub-surface subsurface or otherwise concealed physical conditions which that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which 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, then written the Contractor shall promptly provide notice by the observing party shall be given to the other party promptly Owner before conditions are disturbed and in no event later than ten three (103) Days business days after first observance of the conditions. The Owner shall will promptly investigate such conditions and, if the Owner determines that they differ materially and cause an increase or decrease in the Contractor's ’s cost of, or time required for, performance of any part of the Work, shall provide will recommend that an equitable adjustment be made in the Contract Price Sum or Contract Timecontract 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 so promptly notify the Contractor in writingContractor, stating the reasons. Opposition to If Contractor disputes the Owner’s determination must be made determination, the Contractor may submit a Claim as provided in writing by Article 10, and the Contractor, stating his reasons therefor, within ten (10) Days after time limit for initiating a Claim begins to run on the date the Owner has given notice of the decisionissues its determination.

Concealed or Unknown Conditions. If the Contractor encounters conditions are encountered at the site which that are (1) sub-surface subsurface or otherwise concealed physical conditions which that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which 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, then written the Contractor shall promptly provide notice by the observing party shall be given to the other party promptly Owner and the Architect before conditions are disturbed and in no event later than ten (10) Days 21 days after first observance of the conditions. The Owner shall Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's ’s cost of, or time required for, performance of any part of the Work, shall provide will recommend an equitable adjustment in the Contract Price 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 so promptly notify the Owner and Contractor in writing, stating the reasons. Opposition If either party disputes the Architect’s determination or recommendation, that party may proceed as provided in Article 15. After reporting to the Owner and Architect any concealed or unknown condition, the Contractor shall not proceed with any work so affected without the Owner’s determination must be made in writing by the Contractor, stating his reasons therefor, within ten (10) Days after the Owner has given notice of the decisionand Architect's written approval.