Unforeseen Project Site Conditions Clause Samples

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Unforeseen Project Site Conditions. 5.2.1 If CM@Risk encounters, during the performance of its Work, concealed or latent physical conditions or subsurface conditions at the Project which (a) materially differ from the conditions indicated in the Contract Documents; or (b) are of an unusual nature which differ materially from the conditions ordinarily encountered and generally recognized as inherent in the sort of work provided for in the Contract Documents, CM@Risk shall immediately provide written notice to Owner apprising Owner of the unforeseen conditions encountered. CM@Risk shall not disturb or modify such conditions without Owner’s prior written consent. Owner shall promptly investigate CM@Risk’s notice of an unforeseen Site condition and advise CM@Risk of its findings and determination. 5.2.2 If the conditions encountered by CM@Risk under Section 5.2.1 are determined by the Owner to be an unforeseen Project Site condition, CM@Risk will be entitled, in accordance with the provisions of these General Conditions, to an adjustment in its GMP and/or Contract Time(s) of performance, to the extent that CM@Risk’s cost or time of performance have been adversely impacted by the unforeseen conditions. Adjustments to GMP will be for the actual direct cost impact incurred by CM@Risk to address and resolve the unforeseen conditions. 5.2.3 No claim by the CM@Risk for an increase in the GMP or in Contract Time(s) shall be considered or allowed by Owner without compliance with the advance notice requirement set forth above, submission of verifiable documentation of specific direct cost impact, and an adequate opportunity for the Owner to investigate. Extensions of Contract Time(s) will be considered and allowed only when based upon submission of an updated CPM Schedule and supporting narrative showing an actual unavoidable delay to the Project Critical Path due to the unforeseen Project Site conditions. 5.2.4 In no event shall the Contract Time or GMP be adjusted for conditions that could or should have been identified by the CM@Risk through its investigations or survey of existing conditions prior to submission and establishment of the GMP and the CMP Schedule. 5.2.5 If Owner determines CM@Risk has no entitlement to an adjustment in GMP or Contract Time for what CM@Risk contends is an unforeseen Project Site condition, CM@Risk may only proceed in pursuit of its position or claim in accordance with the provisions of Section 11 of these General Conditions.
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Unforeseen Project Site Conditions. 5.3.1 Contractor shall immediately provide written notice to Owner apprising Owner of unforeseen conditions encountered, including: a) Subsurface or latent physical conditions encountered at the site which differ materially from those indicated in the Contract Documents and which were not known by the Contractor or could not have been discovered by careful examination and investigation of the information available at bid time and the site, and which could adversely affect the timely performance of the Work or its cost or; b) Unknown and unexpected physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered in the locale or generally recognized as inherent in the sort of work provided for in the Contract Documents. The Contractor shall not disturb or modify such conditions without Owner’s prior written consent. 5.3.2 The DP and/or the Owner shall within ten (10) days or such other reasonable time as necessary, investigate the conditions discovered. If the DP and/or the Owner find that conditions are so materially different as to support an equitable adjustment in the Contract Price or the Contract Time, this will be done by written Change Order or Amendment. If the DP and/or the Owner determine that no Change Order or Amendment will be issued, the Contractor shall continue with the Work at no additional cost. 5.3.3 No claim by the Contractor for an increase in the Contract Price or Contract Time hereunder shall be allowed without proper advance notice and an adequate opportunity for the Owner to investigate. 5.3.4 In no event shall the Contract Time or Contract Price be adjusted for conditions that could have and should have been identified by the Contractor through its investigations or survey of existing conditions prior to bid submission. 5.3.5 If Owner determines Contractor has no entitlement to an adjustment in Contract Price or Contract Time for what Contractor contends is an unforeseen Project Site condition, Contractor may only proceed in pursuit of its position or claim in accordance with the provisions of Section 11 of these General Conditions.
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Unforeseen Project Site Conditions. 4.2.1 If Design-Builder encounters, during the performance of its Work, concealed or latent physical conditions or subsurface conditions at the Project which (i) materially differ from the conditions indicated in the Contract Documents; or (ii) are of an unusual nature which differ materially from the conditions ordinarily encountered and generally recognized as inherent in the Work provided hereunder, Design-Builder shall immediately provide written notice to Owner. Design-Builder shall not disturb or modify such conditions without Owner’s prior written consent. Owner shall promptly investigate Design-Builder’s claim of an un-contemplated site condition. 4.2.2 If the conditions encountered by Design-Builder in Article 4.2.1 are determined to be unforeseen project site conditions, Design-Builder will be entitled, in accordance with the provisions of these General Conditions, to an adjustment in its Guaranteed Maximum Price or Contract Time(s) of performance or both to the extent that Design-Builder’s cost or time of performance have been adversely and materially impacted by the unforeseen conditions. Adjustments to Guaranteed Maximum Price will be for the actual direct cost impact to address unforeseen conditions. Extensions of Contract Time(s) will be considered only when based upon 4.2.3 In no event shall the Guaranteed Maximum Price be adjusted for conditions that could or should have been observed or determined by the Design-Builder during RFQ Process.
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Unforeseen Project Site Conditions. In the event any conditions which are, or may be, protected under Applicable Law or Applicable Permits or any archeological resources or any other man-made or naturally occurring condition contained below the surface of an area which pertains to Contractor’s Work in which Contractor is permitted to dig pursuant to a dig permit issued in accordance with Part I, Section 7.3 of the Scope Book (other than the presence of Hazardous Materials which are addressed separately in Article 28), are found at the Project Site, the Shared Site Facilities or the Common Facilities that differ materially from those set forth in the Owner Provided Information regarding the Project Site (each such materially differing condition, an “Unforeseen Project Site Condition”), Contractor shall promptly notify Owner of such Unforeseen Project Site Condition and Owner and Contractor shall agree upon a plan to address or mitigate such condition. Notwithstanding anything to the contrary in the foregoing, in no event shall conditions at the Project Site arising after the date hereof resulting from ordinary operations as currently conducted at Units 1-4 or Alcoa’s aluminum smelter nearby the Project Site constitute an Unforeseen Project Site Condition; provided, however, that release or disposal of any Hazardous Materials on or at the Project Site in violation of Applicable Laws or permits related to such disposal by Alcoa or Owner’s Affiliate, as the case may be, shall not constitute “ordinary operations.” Any changes to the Work required to address or mitigate an Unforeseen Project Site Condition shall be deemed an Excusable Event and be subject to the provisions of Article 8.
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Related to Unforeseen Project Site Conditions

  • Site Conditions A. Existing Site Conditions: Information with respect to the site of the Work given in drawings or specifications has been obtained by County's representatives and is believed to be reasonably correct, but the County does not warrant either the completeness or accuracy of such information, and it is the responsibility of the Contractor to verify all such information.

  • Subsurface Conditions Unless the Contract Documents stipulate specific quantities and units of rock or unsuitable soils, the Contractor shall assume material below the surface of the Earth to be earth and other material that can be removed by power shovel or similar equipment. Should conditions encountered below the surface of the ground be at variance to the number of unit requirements as indicated by drawings or specifications, and absent an agreed-upon unit price established prior to the bid by Addendum, or after contract execution by Change Order, the Contract Sum and/or time shall be adjusted as provided in the Contract Documents for changes in the work.

  • Unsafe Work Conditions No Employee shall be disciplined for refusal to work on a job which in the opinion of: (a) A member of a safety committee; or (b) A person designated by a safety committee; or (c) A safety officer after an on-site inspection and following discussion with a representative of the Employer, does not meet the standards established pursuant to the Workers' Compensation Act.

  • Unsafe Conditions In accordance with 29 CFR § 1977, occasions might arise when an employee is confronted with a choice between not performing assigned tasks or subjecting himself/herself to serious injury or death arising from a hazardous condition at the workplace. If the employee, with no reasonable alternative, refuses in good faith to expose himself/herself to the dangerous condition, he/she would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger by resorting to regular statutory enforcement channels. In addition, in such circumstances, the employee, where possible, must also have sought from his Employer, and been unable to obtain, a correction of the dangerous condition.

  • Unsafe Working Conditions Employees shall be recognized by the Employer to have the competence to determine what constitutes unsafe working conditions within their discipline. No employee shall be disciplined for refusal to work in a situation which is deemed unsafe beyond the reasonable requirements of the employee's job.