Common use of Unforeseen Difficulties Clause in Contracts

Unforeseen Difficulties. Except as otherwise specified in the Contract Agreement: a) the Contractor accepts complete responsibility for having foreseen all difficulties and cost implications of successfully completing the Works; b) the Bid Price shall not be adjusted to take account of any unforeseen difficulties or costs; and c) The Scheduled Project Commissioning Date shall not be adjusted to take account of any unforeseen difficulties or costs. For the purpose of this Clause, unforeseeable difficulties include physical conditions like man-made or natural physical conditions including sub-surface and hydrological conditions which the Contractor encounters at the Project Site during execution of the Works.

Appears in 2 contracts

Sources: Draft Contract Agreement, Contract Agreement