Differing Site Condition Sample Clauses

Differing Site Condition. THE SECOND PARAGRAPH IS CHANGED TO: The Department will make payment for increased costs resulting from a Type 1 or Type 2 Differing Site Condition as a change in the character of work; however, the Department will not consider making payment for a differing site condition unless the resulting change in cost exceeds $7,500. Except, if the Contractor incurs cost as the result of multiple differing site conditions, with the cost of each separate differing site condition having a value of at least $1,500 but not more than $7,500, the Department will consider making payment for such costs if the aggregate cost of the multiple differing site conditions exceeds $7,500. If the change in cost exceeds these amounts, the Department will base the modification on the total cost of the change, and the Department will not deduct the threshold amount of $7,500 from the cost of the change.
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Differing Site Condition. The engineering firm engaged by VPRA to prepare the Design. The Design Consultant for the Project is Xxxxxxx Transportation Group. Concealed or latent physical conditions or subsurface conditions at the Site that:
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Differing Site Condition. The conditions for a Project described in Article GC-4.5.1, provided that in all cases the Contractor had no actual or constructive knowledge of such conditions as of the effective date of the Task Order for such Project. The term “Differing Site Condition” for a Project specifically excludes Hazardous Materials identified in the General Requirements or other Contract Documents for such Project and any difference in groundwater depth from the depths noted in the Contract Documents for such Project.
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Differing Site Condition. If the Contractor encounters (a) subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents and, when considered in context (specifically including the lapse of time and any subsequent activity), the Reference Documents or (b) unknown physical conditions of an unusual nature at the site differing materially from those ordinarily encountered and generally recognized as inherent in the Work of the character provided for in the Contract, the Contractor shall provide the Port oral or written notice promptly (and in no event more than 24 hours after discovery) and before the conditions are disturbed (for convenience in this paragraph, the “Initial Notice”). This deadline for the submission of this Initial Notice related to an alleged Differing Site Condition is in addition to (and not in lieu of) the seven (7) Dayday deadline described in Paragraph G-05.02. If such Initial Notice of Event is not given prior to the condition being disturbed (or other action being taken by the Contractor which may result in a claim for an increase in the Contract Time or the Total Contract Cost), or such condition is disturbed before the Port directs the Contractor to proceed with the Work despite the condition, the Contractor will be deemed to have waived any claim for extra compensation or extension of the Contract Time (including labor, material and equipment) incurred because of such condition. The Initial Notice of Event may be provided by email.
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Differing Site Condition. The Owner does not warrant that any technical data, including the Project reference points, provided by the Owner are sufficient and complete for the purpose of selecting Means and Methods, initiating, maintaining and supervising safety precautions and programs or discharging any other obligation assumed by the DB Entity under the Contract Documents. If different or unknown site conditions are discovered, the DB Entity shall notify the Owner in writing before the conditions are disturbed or before proceeding with the affected Work. Upon review, if the Owner agrees that there are differing site conditions, the Owner may issue a written Contract Change Order to amend the Contract Price or Time through the Bulletin authorization process. If the Owner disagrees with the DB Entity and the DB Entity disagrees with the Owner’s decision, the DB Entity shall complete the Work and may deliver notice of a claim in accordance with the claim submittal process. No proposal or claim by the DB Entity due to differing site conditions will be allowed if the DB Entity knew of their existence before submitting its Bid or if the DB Entity could have discovered those conditions by any reasonable examinations during the design process for which the DB Entity is responsible under this Contract.
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Related to Differing Site Condition

  • Differing Site Conditions (a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site(s), of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

  • Site Conditions A. Existing Site Conditions: Information with respect to the site of the Work given in drawings or specifications has been obtained by County's representatives and is believed to be reasonably correct, but the County does not warrant either the completeness or accuracy of such information, and it is the responsibility of the Contractor to verify all such information.

  • SUSPENSIVE CONDITION i) The contract only becomes binding and enforceable once:

  • SUSPENSIVE CONDITIONS 18.1 The Contract is subject to the suspensive condition that the Purchaser obtains a loan in the amount reflected in clause 7 of the SCHEDULE, forming part of the Purchase price payable by the Purchaser to the Seller for the Property, from a bank or other financial institution, against the security of a first mortgage bond over the Property in favour of such bank or financial institution, such loan to be approved in writing by such bank or financial institution within the period stipulated in clause 9 of the SCHEDULE.

  • Safe Conditions Whenever an employee reports a condition which the employee feels represents a violation of safety or health rules and regulations or which is an unreasonable hazard to persons or property, such conditions shall be promptly investigated. The appropriate administrator shall reply to the concern, in writing, if the employee's concern is communicated in writing.

  • Unsafe Conditions In accordance with 29 CFR § 1977, occasions might arise when an employee is confronted with a choice between not performing assigned tasks or subjecting himself/herself to serious injury or death arising from a hazardous condition at the workplace. If the employee, with no reasonable alternative, refuses in good faith to expose himself/herself to the dangerous condition, he/she would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger by resorting to regular statutory enforcement channels. In addition, in such circumstances, the employee, where possible, must also have sought from his Employer, and been unable to obtain, a correction of the dangerous condition.

  • CONCEALED CONDITIONS 12.2.1 Should concealed conditions encountered in the performance of the Work below the surface of the ground, or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, be encountered, the Contract Sum shall be equitably adjusted by Change Order upon claim by either party made within twenty days after the first observance of the conditions.

  • INCLEMENT CONDITIONS Section 1.

  • Test conditions 6.1.1. The test shall be performed on a flat, dry concrete or asphalt surface affording good adhesion.

  • PROJECT CONDITIONS A. The Grantee agrees to the following Project Conditions:

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