Common use of CONCEALED OR UNKNOWN SITE CONDITIONS Clause in Contracts

CONCEALED OR UNKNOWN SITE CONDITIONS. If a condition encountered at the Worksite is (a) a subsurface or other physical condition materially different from those indicated in the Contract Documents, or (b) an unusual and unknown physical condition materially different from conditions ordinarily encountered and generally recognized as inherent in Work provided for in the Contract Documents, Private Entity shall stop affected Work after the concealed or unknown condition is first observed and give prompt written notice of the condition to Owner. Owner shall investigate and then issue a Construction Change Directive specifying the extent to which Owner agrees that a concealed or unknown condition exists and directing how Private Entity is to proceed. Any change in the GMP, estimated Cost of the Work, Private Entity’s Fee, and the dates of Substantial and Final Completion as a result of the condition, including any dispute about its existence or nature, shall be determined as provided in this article. For purposes of this section a condition is “unknown” if the Private Entity had no actual knowledge of the condition and reasonably would not have had such knowledge had it performed its duties under § 2.6.1 with reasonable diligence. Notwithstanding anything to the contrary in the Proposal regarding rock removal, rock or other concealed conditions indicated through Private Entity’s Geotechnical investigation consistent with the provisions of this Agreement shall be included in the GMP.

CONCEALED OR UNKNOWN SITE CONDITIONS. If a condition encountered at the Worksite is (a) a subsurface or other physical condition materially different from those indicated in the Contract Documents, or (b) an unusual and unknown physical condition materially different from conditions ordinarily encountered and generally recognized as inherent in Work provided for in the Contract Documents, Private Entity shall stop affected Work after the concealed or unknown condition is first observed and give prompt written notice of the condition to Owner. Owner shall investigate and then issue a an Construction Change Directive specifying the extent to which Owner agrees that a concealed or unknown condition exists and directing how Private Entity is to proceed. Any change in the GMP, estimated Cost of the Work, Private Entity’s Fee, and the dates of Substantial and Final Completion as a result of the condition, including any dispute about its existence or nature, shall be determined as provided in this article. For purposes of this section Section a condition is “unknown” if the Private Entity had no actual knowledge of the condition and reasonably would not have had such knowledge had it performed its duties under § 2.6.1 Section 2.6 with reasonable diligence. Notwithstanding anything to the contrary in the Proposal regarding rock removal, rock or other concealed conditions indicated through Private Entity’s Geotechnical investigation consistent with the provisions of this Agreement shall be included in the GMP.