Common use of Claims for Concealed or Unknown Conditions Clause in Contracts

Claims for Concealed or Unknown Conditions. Trenches or Excavations Less Than Four Feet Below the Surface. 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 twenty-one (21) calendar days after first observance of the conditions. The Project Manager will promptly investigate such conditions, and if they differ materially and cause an increase or decrease in the Contractor's cost of, time required for, or performance of any part of the Work, will recommend an equitable adjustment in the Contract sum, Contract time, or both. If the Project Manager 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 Project Manager shall so notify the City and the Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within ten (10) calendar days after the Project Manager has given notice of the decision. If the City and the Contractor cannot agree on an adjustment in the Contract sum or the Contract time, the adjustment shall be referred to the Project Manager for initial determination, subject to other proceedings pursuant to paragraph 39. Trenches or Excavations Greater Than Four Feet Below the Surface. Pursuant to Public Contract Code section 7104, when any excavation or trenching extends greater than four feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing, of any material the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law. Subsurface or latent physical conditions at the site differing from those indicated. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work will issue a change order under the procedures described in the Contract. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

Claims for Concealed or Unknown Conditions. i. Trenches or Excavations Less Than Four Feet Below the Surface. 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 twenty-one (21) calendar days after first observance of the conditions. The Project Manager will promptly investigate such conditions, and if they differ materially and cause an increase or decrease in the Contractor's cost of, time required for, or performance of any part of the Work, will recommend an equitable adjustment in the Contract sum, Contract time, or both. If the Project Manager 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 Project Manager shall so notify the City and the Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within ten (10) calendar days after the Project Manager has given notice of the decision. If the City and the Contractor cannot agree on an adjustment in the Contract sum or the Contract time, the adjustment shall be referred to the Project Manager for initial determination, subject to other proceedings pursuant to paragraph 39paragraphs 41 and 42. ii. Trenches or Excavations Greater Than Four Feet Below the Surface. Pursuant to Public Contract Code section 7104, when any excavation or trenching extends greater than four feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing, of any material the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law. iii. Subsurface or latent physical conditions at the site differing from those indicated. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work will issue a change order under the procedures described in the Contract. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.