Common use of Changed Conditions Clause in Contracts

Changed Conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the Owner and the Architect in writing of: (a) sub-surface or latent physical conditions at the Project site differing materially from those indicated in the Contract Documents, or (b) unknown physical conditions at the Project site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents. The Owner and the Architect shall promptly investigate the conditions, and if the Owner finds that such conditions do so materially differ and cause an increase or decrease in the cost of or the time required for performance of the Work, an equitable adjustment shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless it has given notice as required.

Appears in 10 contracts

Sources: Architect Agreement, Architect Agreement, Architect Agreement

Changed Conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the Owner and the Architect in writing of: (a) sub-surface sub−surface or latent physical conditions at the Project site differing materially from those indicated in the Contract Documents, or (b) unknown physical conditions at the Project site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents. The Owner and the Architect shall promptly investigate the conditions, and if the Owner finds that such conditions do so materially differ and cause an increase or decrease in the cost of or the time required for performance of the Work, an equitable adjustment shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless it has given notice as required.

Appears in 1 contract

Sources: Construction Agreement

Changed Conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the Owner and the Architect in writing of: (a1) sub-surface or latent physical conditions at the Project site differing materially from those indicated in the Contract Documents, or (b2) unknown physical conditions at the Project site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents. The Owner and the Architect shall promptly investigate the conditions, and if the Owner finds that such conditions do so materially differ and cause an increase or decrease in the cost of or the time required for performance of the Work, an equitable adjustment shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless it has given notice as required.

Appears in 1 contract

Sources: Construction Management Agreement