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a ) During the progress of the work , if subsurface or latent physical conditions are <br /> encountered at the site differing materially from those indicated in the contract or <br /> if unknown physical conditions of an unusual nature , differing materially form <br /> those ordinarily encountered and generally recognized as inherent in the work <br /> provided for in the contract re encountered at the site , the party discovery such <br /> conditions shall promptly notify the other party in writing of the specific differing <br /> conditions before the site is disturbed and before the affected work is performed . <br /> b) Upon written notification , the engineer will investigate the conditions , and if it is <br /> determined that the conditions materially differ and cause an increase or <br /> decrease in the cost or time required for the performance of any work under the <br /> contact, an adjustment, excluding anticipated profits , will be made and the <br /> contract modified in writing accordingly . The engineer will notify the contractor of <br /> the determination whether or not an adjustment of the contract is warranted . <br /> C) No contract adjustment which results in a benefit to the contractor will be allowed <br /> unless the contractor has provided the required written notice . <br /> d ) No contract adjustment will be allowed under this clause for any effects caused <br /> on unchanged work . <br /> (2 ) Suspensions of work ordered by the engineer. <br /> a) If the performance of all or any portion of the work is suspended or delayed by <br /> the engineer in writing for an unreasonable period of time ( not originally <br /> anticipated , customary , or inherent to the construction industry) and the <br /> contractor believes that additional compensation and/or contract time is due as a <br /> result of such suspension or delay , the contractor shall submit to the engineer in <br /> writing a request for adjustment within 7 calendar days of receipt of the notice to <br /> resume work. The request shall set forth the reasons and support for such <br /> adjustment. <br /> b ) Upon receipt, the engineer will evaluate the contractor' s request . If the engineer <br /> agrees that the cost and/or time required for the performance of the contract has <br /> increased as a result of such suspension and the suspension was caused by <br /> conditions beyond the control of and not the fault of the contractor, its suppliers , <br /> or subcontractors at any approved tier, and not caused by weather, the engineer <br /> will make an adjustment (excluding profit) and modify the contract in writing <br /> accordingly . The contractor will be notified of the engineer' s determination <br /> whether or not an adjustment of the contract is warranted . <br /> C ) No contract adjustment will be allowed unless the contractor has submitted the <br /> request for adjustment within the time prescribed . <br /> d ) No contract adjustment will be allowed under this clause to the extent that <br /> performance would have been suspended or delayed by any other cause , or for <br /> which an adjustment is provided or excluded under any other term or condition of <br /> this contract. <br /> ( 3) Significant Changes in the Character of Work. <br /> a ) The engineer reserves the right to make , in writing , at any time during the work , <br /> such changes in quantities and such alterations in the work as are necessary to <br /> satisfactorily complete the project. Such changes in quantities and alterations <br /> shall not invalidate the contract nor release the surety , and the contractor agrees <br /> to perform the work as altered . <br /> 23 <br /> 12M/2009 3:45:46 PM <br />