Common use of Concealed or Unknown Conditions Clause in Contracts

Concealed or Unknown Conditions. If conditions are encountered at the Site which are subsurface or otherwise concealed physical conditions, which differ materially from those indicated in the Contract Documents, or 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 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) calendar days after first observance of the conditions. Architect, in consultation with District, will promptly investigate such conditions, and if they differ materially and cause an increase or decrease in Contractor's cost of, time required for, or performance of any part of the work, will recommend an equitable use of contingency. If Architect, in consultation with District, determines that the conditions at the Site are not materially different from those indicated in the Contract Documents the Architect, in consultation with District, shall so notify Contractor in writing, stating the reasons. Architect's response to the claim must be made within ten (10) calendar days of receipt of the claim.

Appears in 4 contracts

Samples: Facilities Lease, Facilities Lease, Facilities Lease

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Concealed or Unknown Conditions. If conditions are encountered at the Site which are subsurface or otherwise concealed physical conditions, which differ materially from those indicated in the Contract Documents, or 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 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) calendar days after first observance of the conditions. Architect, in consultation with District, will promptly investigate such conditions, and if they differ materially and cause an increase or decrease in Contractor's cost of, time required for, or performance of any part of the work, will recommend an equitable use of contingency. If Architect, in consultation with District, determines that the conditions at the Site site are not materially different from those indicated in the Contract Documents the Architect, in consultation with District, shall so notify Contractor in writing, stating the reasons. Architect's response to the claim must be made within ten (10) calendar days of receipt of the claim.

Appears in 1 contract

Samples: Facilities Lease

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Concealed or Unknown Conditions. If conditions are encountered at the Site which are subsurface or otherwise concealed physical conditions, which differ materially from those indicated in the Contract Documents, or 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 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) calendar days after first observance of the conditions. Architect, in consultation with District, will promptly investigate such conditions, and if they differ materially and cause an increase or decrease in Contractor's ’s cost of, time required for, or performance of any part of the work, will recommend an equitable use of contingencychange order. If Architect, in consultation with District, determines that the conditions at the Site site are not materially different from those indicated in the Contract Documents the Architect, in consultation with District, shall so notify Contractor in writing, stating the reasons. Architect's ’s response to the claim must be made within ten (10) calendar days of receipt of the claim.

Appears in 1 contract

Samples: Facilities Lease

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