Common use of Unknown and/or Unforeseen Conditions Clause in Contracts

Unknown and/or Unforeseen Conditions. If Designer/Builder submits a PCO requesting an increase in Contract Price and/or Contract Time that is based at least partially on Designer/Builder’s assertion that Designer/Builder has encountered condition(s) on the Project that it could not have discovered in performing its “Site Examination” duties herein, then Designer/Builder shall base the PCO on visually verifiable information that demonstrates that the hitherto unknown and/or unforeseen condition(s) actually exist. If not, the District may deny the PCO and the Designer/Builder shall complete the Project without any increase in Contract Price and/or Contract Time based on that PCO.

Appears in 1 contract

Sources: Contract for Energy Efficiency Design / Build Services

Unknown and/or Unforeseen Conditions. If Designer/Builder submits a PCO requesting an increase in Contract Price and/or Contract Time that is based at least partially on Designer/Builder’s assertion that Designer/Builder has encountered unknown and/or unforeseen condition(s) on the Project that it could not have discovered in performing its “Site Examination” duties hereinProject, then Designer/Builder shall base the PCO on visually verifiable provable information that demonstrates that the hitherto unknown and/or unforeseen condition(s) were actually existor reasonably unknown and/or unforeseen. If not, the District may Customer shall deny the PCO and the Designer/Builder shall complete the Project without any increase in Contract Price and/or Contract Time based on that PCO.

Appears in 1 contract

Sources: Contract for Design and Construction