B. Limited Reliance by CONTRACTOR on Technical Data Authorized:
CONTRACTOR may rely upon the general accuracy of the “technical data” contained in such reports and drawings, but
such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary
Conditions. Except for such reliance on such “technical data,” CONTRACTOR may not rely upon or make any Claim
against OWNER, ENGINEER, or any of ENGINEER’s Consultants with respect to:
1. The completeness of such reports and drawings for CONTRACTOR’s purposes, including, but not limited to, any
aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, and safety precautions and programs incident thereto; or
2. Other data, interpretations, opinions, and information contained in such reports or shown or indicated in such
drawings; or
3. Any CONTRACTOR interpretation of or conclusion drawn from any “technical data” or any such other data,
interpretations, opinions, or information.
C. Potential for Hazardous Materials:
Work may include excavation through, and removal of, soils potentially containing undocumented asbestos-containing
or other hazardous materials. Should the CONTRACTOR, while performing work under this Contract, uncover
hazardous materials, as defined in federal, state and local regulations, he/she shall immediately notify the Engineer. No
further disturbance of the area shall occur until the Engineer has collected and analyzed a representative sample of the
suspected material. The area shall be cordoned off and covered with 6-mil polyethylene sheeting and await further
directions from the Engineer.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If CONTRACTOR believes that any subsurface or physical conditions at or contiguous to the Site that is
uncovered or revealed either:
1. ls of such a nature as to establish that any “technical data” on which CONTRACTOR is entitled to rely as
provided in paragraph 4.02 is materially inaccurate; or
2. Is of such a nature as to require a change in the Contract Documents; or
3. Differs materially from that shown or indicated in the Contract Documents; or
4. Is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as
inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after
becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work
in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER
in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in
connection therewith (except as aforesaid) until receipt of written order to do so.
B. ENGINEER’s Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly
review the pertinent condition, determine the necessity of OWNER’s obtaining additional exploration or tests with
respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER’S findings and
conclusions.
GC - 12 of 53
