Common use of Unforeseen Project Site Conditions Clause in Contracts

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.

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, or both 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.