2008-213 (3) - Laserfiche WebLink

Home Browse Search

and safety precautions and programs incident C. Possible Price and Times Adjustments thereto; or 1 . The Contract Price or the Contract 21 other data, interpretations, opinions, and Times, or both, will be equitably adjusted to the information contained in such reports or shown or extent that the existence of such differing subsurface indicated in such drawings; or or physical condition causes an increase or decrease in CONTRACTOR's cost of, or time required for, 3 . any CONTRACTOR interpretation of or performance of the Work; subject, however, to the conclusion drawn from any "technical data" or any following : such other data, interpretations, opinions, or infor- mation. a. such condition must meet any one or more of the categories described in paragraph New Paragraphs 4.02.0 and 4.02 .D have been added. 4 .03 .A; and See the Supplementary Conditions. b. with respect to Work that is paid for on a 4 . 03 Differing Subsurface or Physical Conditions Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of para- A. Notice: If CONTRACTOR believes that any graphs 9. 08 and 11 .03 , subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 2 . CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract 1 , is of such a nature as to establish that any Times if "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4 .02 is a. CONTRACTOR knew of the existence materially inaccurate; or of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect 21 is of such a nature as to require a change of Contract Price and Contract Times by the in the Contract Documents; or submission of a Bid or becoming bound under a negotiated contract; or 3 . differs materially from that shown or indicated in the Contract Documents; or b. the existence of such condition could reasonably have been discovered or revealed as a 4 . is of an unusual nature, and differs result of any examination, investigation, explo- materially from conditions ordinarily encountered ration, test, or study of the Site and contiguous and generally recognized as inherent in work of the areas required by the Bidding Requirements or character provided for in the Contract Documents; Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's then CONTRACTOR shall, promptly after becoming aware making such final commitment; or thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection c. CONTRACTOR failed to give the therewith (except in an emergency as required by paragraph written notice within the time and as required by 6. 16.A), notify OWNER and ENGINEER in writing about paragraph 4.03 .A. such condition. CONTRACTOR shall not fiuther disturb such condition or perform any Work in connection Part of the second sentence of Paragraph 4.03.C.3 has therewith (except as aforesaid) until receipt of written order been deleted. to do so. 3 . If OWNER and CONTRACTOR are B . ENGINEER 'S Review: After receipt of written unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract notice as required by paragraph 4.03 .A, ENGINEER will Price or Contract Times, or both, a Claim may be promptly review the pertinent condition, determine the made therefor as provided in paragraph 10.05 . necessity of OWNER's obtaining additional exploration or However, OWNER, ENGINEER, and tests with respect thereto, and advise OWNER in writing ENGINEER'S Consultants shall not be liable to (with a copy to CONTRACTOR) of ENGINEER's findings CONTRACTOR for any claims, costs, losses, or and conclusions. damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other Rev . 03 / 2006 Egret Marsh 00700 - 13