Common use of Changed Conditions Clause in Contracts

Changed Conditions. 42.1 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (ii) 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, and which reasonably should not have been discovered by Construction Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Construction Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than seven (7) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Construction Contractor’s cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to the Contract Amount or Contract Time, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Construction Contractor as part of its investigative services, and that no change in the terms of the Contract is justified, Owner shall so notify Construction Contractor in writing, stating its reasons. Claims by Construction Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Construction Contractor’s receipt of Owner’s written determination notice. If Owner and Construction Contractor cannot agree on an adjustment to the Contract Amount or Contract Time, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties.

Changed Conditions. 42.1 36.1 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, Documents or (ii) 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, and which reasonably should not have been discovered by Construction Contractor CONTRACTOR as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Construction Contractor shall CONTRACTOR must provide Owner OWNER with prompt written notice thereof before conditions are disturbed and in no event later than seven (7) calendar days after first observance of such conditions. Owner OWNER and Design Professional shall DESIGN PROFESSIONAL must promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Construction ContractorCONTRACTOR’s cost of, or time required for, performance of any part of the Work, Owner OWNER will acknowledge and agree to an equitable adjustment to the Contract Amount or Contract Time, or both, for such Work. If Owner OWNER determines that the conditions at the site are not materially different from those indicated in the Contract Documents Document or not of an unusual nature or should have been discovered by Construction Contractor CONTRACTOR as part of its investigative services, and that no change in the terms of the Contract is justified, Owner shall OWNER must so notify Construction Contractor CONTRACTOR in writing, stating its reasons. Claims by Construction Contractor CONTRACTOR in opposition to such determination by Owner OWNER must be made within seven (7) calendar days after Construction ContractorCONTRACTOR’s receipt of Owner’s OWNER’S written determination notice. If Owner OWNER and Construction Contractor CONTRACTOR cannot agree on an adjustment to the Contract Amount or Contract Time, the parties must comply with the dispute resolution procedure set forth in the Contract Documents shall be complied with Documents. 36.2 If, in the course of the Work, the CONTRACTOR encounters human remains or recognizes the existence of burial markers, archaeological sites, protected species habitats or wetlands not indicated in the Contract Documents, the CONTRACTOR must immediately suspend any operations that would affect them and must notify the OWNER and DESIGN PROFESSIONAL. The CONTRACTOR must continue to suspend such operations until otherwise instructed by the partiesOWNER but must continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided elsewhere in this Agreement.

Changed Conditions. 42.1 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (ii) 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, and which reasonably should not have been discovered by Construction Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Construction Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than seven (7) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Construction Contractor’s cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to the Contract Amount or Contract Time, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Construction Contractor as part of its investigative services, and that no change in the terms of the Contract is justified, Owner shall so notify Construction Contractor in writing, stating its reasons. Claims by Construction Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Construction Contractor’s receipt of Owner’s written determination notice. If Owner and Construction Contractor cannot agree on an adjustment to the Contract Amount or Contract Time, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties.. END OF GENERAL TERMS AND CONDITIONS

Changed Conditions. 42.1 42.1. Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, Documents or (ii) 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, and which reasonably should not have been discovered by Construction Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Construction Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than seven (7) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Construction Contractor’s cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to the Contract Amount or Contract Time, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents Document or not of an unusual nature or should have been discovered by Construction Contractor as part of its investigative services, and that no change in the terms of the Contract is justified, Owner shall so notify Construction Contractor in writing, stating its reasons. Claims by Construction Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Construction Contractor’s receipt of Owner’s written determination notice. If Owner and Construction Contractor cannot agree on an adjustment to the Contract Amount or Contract Time, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties.. END OF GENERAL TERMS AND CONDITIONS CM/NON-OCIP

Changed Conditions. 42.1 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (ii) 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, and which reasonably should not have been discovered by Construction Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Construction Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than seven (7) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Construction Contractor’s cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to the Contract Amount or Contract Time, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Construction Contractor as part of its investigative services, and that no change in the terms of the Contract is justified, Owner shall so notify Construction Contractor in writing, stating its reasons. Claims by Construction Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Construction Contractor’s receipt of Owner’s written determination notice. If Owner and Construction Contractor cannot agree on an adjustment to the Contract Amount or Contract Time, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the partiesParties.

Changed Conditions. 42.1 a. Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, Documents or (ii) 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, and which reasonably should not have been discovered by Construction Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Construction Contractor shall provide Owner the City with prompt written notice thereof before conditions are disturbed and in no event later than seven (7) calendar days after first observance of such conditions. Owner and Design Professional The City shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Construction Contractor’s cost of, or time required for, performance of any part of the Work, Owner the City will acknowledge and agree to an equitable adjustment to the Contract Amount Price or Contract Time, or both, for such Work. If Owner the City determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Construction Contractor as part of its investigative services, and that no change in the terms of the Contract Agreement is justified, Owner the City shall so notify Construction Contractor in writing, stating its reasons. Claims by Construction Contractor in opposition to such determination by Owner the City must be made within seven (7) calendar days after Construction Contractor’s receipt of Ownerthe City’s written determination notice. If Owner the City and Construction Contractor cannot agree on an adjustment to the Contract Amount Price or Contract Time, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties.

Changed Conditions. 42.1 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, Documents or (ii) 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, and which reasonably should not have been discovered by Construction Contractor Manager as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Construction Contractor Manager shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than seven ten (710) calendar business days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Construction ContractorManager’s cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to the Contract Amount or Contract Time, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents Document or not of an unusual nature or should have been discovered by Construction Contractor Manager as part of its investigative services, and that no change in the terms of the Contract is justified, Owner shall so notify Construction Contractor Manager in writing, stating its reasons. Claims by Construction Contractor Manager in opposition to such determination by Owner must be made within seven (7) calendar days after Construction Contractor’s receipt of Owner’s written determination noticeas provided in Article 13. If Owner and Construction Contractor Manager cannot agree on an adjustment to the Contract Amount or Contract Time, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties.

Changed Conditions. 42.1 Notwithstanding anything in the Contract Documents to the contrary, if Contractor shall immediately and before such physical conditions are encountered at the Project site which are disturbed, provide Notice to Company of: (i) subsurface or otherwise concealed latent physical conditions which differ at the Work Site(s) differing materially from those indicated in this Contract and which could not have been discovered pursuant to the Contract Documentssite investigations for which Contractor is responsible under ARTICLE 42, SITE INVESTIGATION; or (ii) unknown physical conditions at the Work Site(s), of an unusual nature, which differ differing materially from those ordinarily found to exist encountered and generally recognized as inherent in construction activities Work of the character provided for in the this Contract Documents, and which reasonably should could not have been discovered by Construction Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documentssite investigations for which Contractor is responsible under ARTICLE 42, then Construction Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than seven (7) calendar days after first observance of such conditionsSITE INVESTIGATION. Owner and Design Professional shall Company will promptly investigate the conditions, and if it finds that such conditions and, if they do materially differ materially and cause an increase or decrease in Construction Contractor’s the cost of, or the time required forfor performance of, performance of any part of the Workthis Contract, Owner will acknowledge and agree to an equitable adjustment shall be made and this Contract modified in writing accordingly. Any claim by Contractor for adjustment hereunder shall be made pursuant to ARTICLE 37, CLAIM NOTICE AND RESOLUTION PROCEDURE. Contractor shall at all times comply with all Applicable Laws and Permits, including without limitation those governing wages, hours, desegregation, employment discrimination, employment of minors, health and safety. Contractor shall comply with equal opportunity laws and regulations to the Contract Amount or Contract Time, or both, for such Workextent that they are applicable. If Owner determines Contractor confirms that its employees and the conditions at the site are not materially different from those indicated employees of Subcontractors employed in the Contract Documents or not performance of an unusual nature or should have been discovered by Construction the Work may legally work in the United States. Contractor as part of shall indemnify, defend and hold harmless Company, its investigative servicesdirectors, officers, and that no change in the terms employees from all losses, costs and damages by reason of the Contract is justifiedany violation thereof and from any liability, Owner shall so notify Construction Contractor in writingincluding without limitation fines, stating its reasons. Claims by Construction Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Construction penalties and other costs arising out of Contractor’s receipt of Owner’s written determination notice. If Owner and Construction Contractor cannot agree on an adjustment failure to the Contract Amount or Contract Time, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the partiesso comply.

Changed Conditions. 42.1 Notwithstanding anything 7.4.1 The PDBT shall promptly notify the CITY in writing of any of the Contract Documents to following “changed conditions” before the contrary, if conditions are encountered disturbed: (a) Material that the PDBT believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class 1, Class II, or Class III disposal site in accordance with provisions of existing law. (b) Subsurface or latent physical conditions at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ differing materially from those indicated in the Contract Documents, or . (iic) unknown Unknown physical conditions at the site of an any unusual nature, which differ different materially from those ordinarily found to exist encountered and generally recognized as inherent in construction activities work of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Construction Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Construction Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than seven (7) calendar days after first observance of such conditions. Owner and Design Professional . 7.4.2 The Engineer shall promptly investigate such the conditions and, if they differ materially and cause an set forth in the PDBT’s notice. If the Engineer determines that there is a changed condition which causes a decrease or increase or decrease in Construction Contractorthe PDBT’s cost of, or the time required for, performance of any part of the Workwork, Owner will acknowledge and agree to an equitable adjustment to a change order shall be issued in accordance with the Contract Amount or Contract Time, or both, for such Workprocedures set forth in Subsection 7.21. If Owner the Engineer determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Construction Contractor as part of its investigative services, and that no change in the terms of the Contract is justified, Owner shall so notify Construction Contractor in writing, stating its reasons. Claims by Construction Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Construction Contractor’s receipt of Owner’s written determination notice. If Owner and Construction Contractor cannot agree on an adjustment to the Contract Amount or Contract Time, the dispute resolution procedure set forth in the PDBT’s notice do not entitle the PDBT to a change order, then the PDBT will be advised of the determination in writing. 7.4.3 In the event that a dispute arises between the CITY and the PDBT as to whether there is a changed condition which entitles the PDBT to a change order, the PDBT shall not be excused from any scheduled completion date provided for by the Contract Documents, but shall proceed with all work to be performed under the Contract Documents in accordance with the Disputed Work provisions set forth in Subsection 7.22. Any claim or dispute by the PDBT shall be complied submitted to the Engineer in accordance with Subsection 7.22. The PDBT shall retain any and all rights provided by law which pertain to the partiesresolution of disputes and protests between the CITY and the PDBT.

Changed Conditions. 42.1 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, Documents or (ii) 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, and which reasonably should not have been discovered by Construction Contractor Manager as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Construction Contractor Manager shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than seven (7) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Construction ContractorManager’s cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to the Contract Amount or Contract Time, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents Document or not of an unusual nature or should have been discovered by Construction Contractor Manager as part of its investigative services, and that no change in the terms of the Contract is justified, Owner shall so notify Construction Contractor Manager in writing, stating its reasons. Claims by Construction Contractor Manager in opposition to such determination by Owner must be made within seven (7) calendar days after Construction ContractorManager’s receipt of Owner’s written determination notice. If Owner and Construction Contractor Manager cannot agree on an adjustment to the Contract Amount or Contract Time, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the partiesParties.

Changed Conditions. 42.1 38.1 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, Documents or (ii) 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, and which reasonably should not have been discovered by Construction Contractor CONSTRUCTION MANAGER as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Construction Contractor CONSTRUCTION MANAGER shall provide Owner OWNER with prompt written notice thereof before conditions are disturbed and in no event later than seven (7) calendar days after first observance of such conditions. Owner OWNER and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Construction Contractor’s CONSTRUCTION MANAGER’S cost of, or time required for, performance of any part of the Work, Owner OWNER will acknowledge and agree to an equitable adjustment to the Contract Amount or Contract Time, or both, for such Work. If Owner OWNER determines that the conditions at the site are not materially different from those indicated in the Contract Documents Document or not of an unusual nature or should have been discovered by Construction Contractor CONSTRUCTION MANAGER as part of its investigative services, and that no change in the terms of the Contract Agreement is justified, Owner OWNER shall so notify Construction Contractor CONSTRUCTION MANAGER in writing, stating its reasons. Claims by Construction Contractor CONSTRUCTION MANAGER in opposition to such determination by Owner OWNER must be made within seven (7) calendar days after Construction Contractor’s CONSTRUCTION MANAGER’S receipt of Owner’s OWNER’S written determination notice. If Owner OWNER and Construction Contractor CONSTRUCTION MANAGER cannot agree on an adjustment to the Contract Amount or Contract Time, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties.