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may make a Claim therefor as provided in Paragraph 4.03 Differing Subsurface or Physical Conditions 10.05 . A. Notice.' If Contractor believes that any subsurface or B . Upon reasonable written request, Owner shall furnish physical condition at or contiguous to the Site that is Contractor with a current statement of record legal title uncovered or revealed either: and legal description of the lands upon which the Work is _ to be performed and Owner' s interest therein as necessary 1 . is of such a nature as to establish that any for giving notice of or filing a mechanic's or construction "technical data" on which Contractor is entitled to lien against such lands in accordance with applicable rely as provided in Paragraph 4.02 is materially Laws and Regulations. inaccurate; or C. Contractor shall provide for all additional lands and 2 . is of such a nature as to require a change in the access thereto that may be required for temporary Contract Documents ; or construction facilities or storage of materials and equip- ment 3 . differs materially from that shown or indicated in the Contract Documents; or 4.02 Subsurface and Physical Conditions 4. is of an unusual nature, and differs materially A. Reports and Drawings: The Supplementary Conditions from conditions ordinarily encountered and generally identify : recognized as inherent in work of the character provided for in the Contract Documents; 1 . those reports of explorations and tests of subsurface conditions at or contiguous to the Site that then Contractor shall , promptly after becoming aware Engineer has used in preparing the Contract Docu- thereof and before further disturbing the subsurface or ments; and physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by 2. those drawings of physical conditions in or relat- Paragraph 6. 16.A), notify Owner and Engineer in writing ing to existing surface or subsurface structures at or about such condition. Contractor shall not further disturb contiguous to the Site (except Underground such condition or perform any Work in connection Facilities) that Engineer has used in preparing the therewith (except as aforesaid) until receipt of written Contract Documents. order to do so. B. Limited Reliance by Contractor on Technical Data B. Engineer 's Review: After receipt of written notice as Authorized: Contractor may rely upon the general required by Paragraph 4.03 .A, Engineer will promptly accuracy of the "technical data" contained in such reports review the pertinent condition, determine the necessity of and drawings, but such reports and drawings are not Owner's obtaining additional exploration or tests with Contract Documents. Such "technical data" is identified respect thereto, and advise Owner in writing (with a copy in the Supplementary Conditions. Except for such reliance to Contractor) of Engineer' s findings and conclusions. on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of C. Possible Price and Times Adjustments their Related Entities with respect to: 1 . The Contract Price or the Contract Times, or I . the completeness of such reports and drawings both, will be equitably adjusted to the extent that the for Contractor's purposes, including, but not limited existence of such differing subsurface or physical to, any aspects of the means, methods, techniques, condition causes an increase or decrease in sequences, and procedures of construction to be Contractor's cost of, or time required for, perfor- employed by Contractor, and safety precautions and mance of the Work; subject, however, to the follow- programs incident thereto; or ing: 2. other data, interpretations, opinions, and a. such condition must meet any one or more of information contained in such reports or shown or the categories described in Paragraph 4.03 . A; _ indicated in such drawings; or and 3 . any Contractor interpretation of or conclusion b. with respect to Work that is paid for on a Unit drawn from any "technical data" or any such other Price Basis, any adjustment in Contract Price data, interpretations, opinions, or information. will be subject to the provisions of Paragraphs 9.07 and 11 .03 . 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: EJ CDC C-700 Standard General Conditions or the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 12