21.
22.
C-1.16
a. Subsurface or latent physical conditions at the site differing materially
from those indicated in this contract; or,
b. Unknown physical conditions at the site, differing materially from those
ordinarily encountered and generally recognized as inherent in the type of work
provided for in this contract.
20.2 The Engineer shall promptly investigate the conditions. If he finds that conditions
differ materially and will cause an increase or decrease in the Contractor's cost or the
time required to perform any part of the work under this contract whether or not changed
as a result of such conditions, the Engineer shall make an equitable adjustment and
modify the contract in writing.
20.3. No claim of the Contractor under this clause shall be allowed unless the
Contractor has given proper notice as required in paragraph 20.1 of this clause.
20.4 No claim by the Contractor for an equitable adjustment shall be allowed if
asserted after final payment under this contract.
Claims For Extra Cost. Claims for extra cost shall be processed as follows:
21.1 No claim for extra work or cost shall be allowed unless the same was done
pursuant to a written order by the Engineer, approved by the Owner and the claim
presented for payment with the first estimate after the changed or extra work is done.
When work is performed under the terms of article 17, the Contractor shall furnish
satisfactory bills, payrolls and vouchers covering all items of cost when requested by the
Owner and shall allow the Owner access to accounts relating thereto.
21.2 If the Contractor claims that any instructions by drawings or similar documents
issued after the date of the contract involve extra cost under the contract, he shall give the
Engineer written notice after the receipt of such instruction and before proceeding to
execute the work, except in an emergency which threatens life or property, then the
procedure shall be as provided for under article 17, “Extra Work & Change Orders.” No
claim shall be valid unless so made.
Right of Owner to Terminate Contract:
22.1 In the event that any of the provisions of this contract are violated by the
Contractor, or by any of his Subcontractors, the Owner may serve written notice upon the
Contractor and the surety of its intention to terminate the contract, and unless within 10
days after the serving of such notice upon the Contractor, such violation or delay shall
cease and satisfactory arrangement for correction be made, the contract shall, upon the
expiration of said 10 days cease and terminate. In the event of any such termination, the
Owner shall immediately serve notice thereof upon the surety and the Contractor and the
surety shall have the right to take over and perform the contract; provided, however, that
if the surety does not commence performance thereof within 10 days from the date of the
mailing to such surety of notice of termination, the Owner may take over the work and
prosecute the same to completion by contract or by force account for the account and at
the expense of the Contractor and the Contractor and his surety shall be liable to the
Owner for any excess cost occasioned the Owner thereby, and in such event the Owner
