Common use of Unforeseen Conditions Clause in Contracts

Unforeseen Conditions. Should the CM encounter unforeseen conditions at the Project site materially differing from those shown on the Drawings or indicated in the Specifications or differing materially from those that are reasonably foreseeable or ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, the CM shall immediately, and in no event more than three (3) days later, give notice to the Owner of such conditions before they are disturbed. The Owner and the Designer shall thereupon promptly investigate the conditions and if they find that they materially differ from those shown on the Drawings or indicated in the Specifications, they shall at once make such changes in the Drawings and/or Specifications as they may find necessary. Any increase or decrease in the GMP resulting from such changes shall be adjusted in the manner provided herein for adjustments as to extra and/or additional Work and changes. However, neither the Owner nor the Designer shall be liable or responsible for additional work, costs, or changes to the Work that could have been reasonably determined from any reports, surveys, and analyses made by the CM or made available for the CM’s review or that could have been discovered by the CM through the performance of its obligations pursuant to the Contract Documents or through reasonable Preconstruction investigations or activities. By way of illustration and not limitation, conditions above lay-in ceilings are not a hidden condition, nor are any other conditions that could have been discovered by the CM’s reasonable investigation.

Unforeseen Conditions. Should the CM encounter unforeseen conditions at the any School Project site materially differing from those shown on the Drawings or indicated in the Specifications or differing materially from those that are reasonably foreseeable or ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, the CM shall immediately, and in no event more than three (3) days later, give notice to the Owner of such conditions before they are disturbed. The Owner and the Designer shall thereupon promptly investigate the conditions and if they find that they materially differ from those shown on the Drawings or indicated in the Specifications, they shall at once make such changes in the Drawings and/or Specifications as they may find necessary. Any increase or decrease in the GMP resulting from such changes shall be adjusted in the manner provided herein for adjustments as to extra and/or additional Work and changes. However, neither the Owner nor the Designer shall be liable or responsible for additional work, costs, or changes to the Work that could have been reasonably determined from any reports, surveys, and analyses made by the CM or made available for the CM’s review or that could have been discovered by the CM through the performance of its obligations pursuant to the Contract Documents or through reasonable Preconstruction investigations or activities. By way of illustration and not limitation, conditions above lay-in ceilings are not a hidden condition, nor are any other conditions that could have been discovered by the CM’s reasonable investigationDocuments.