Common use of Physical Conditions Clause in Contracts

Physical Conditions. If this Contract exceeds $75,000.00, and when different or unknown physical conditions are found at the work site, the following shall apply: If the Contractor discovers one or both of the following physical conditions of the surface or subsurface at the improvement site, before disturbing the physical condition, the Contractor shall promptly notify the City Engineer or his representative of the physical condition in writing. 1. A subsurface or a latent physical condition at the site is differing materially from those indicated in this Contract. 2. An unknown physical condition at the site is of an unusual nature differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this Contract. If the City Engineer or his representative receives a written notice under subdivision 1. above, the City Engineer or his representative shall promptly investigate the physical condition. If the City Engineer or his representative determines that the physical conditions do materially differ and will cause an increase or decrease in costs or additional time needed to perform the Contract, the City Engineer’s or his representative’s determination shall be made in writing and equitable adjustment shall be made and the Contract modified in writing accordingly. The Contractor cannot make a claim for additional costs or time because of a physical condition unless the Contractor has complied with the notice requirements of subdivision 1. The City Engineer or his representative may extend the time required for notice under subdivision 1. The Contractor cannot make a claim for an adjustment under the Contract after the Contractor has received the final payment under the Contract.