2.CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if:
a. CONTRACTOR knew of the existence of such conditions at the tme CONTRACTOR made a final
commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or
becoming bound under a negotiated contract: or
b. The existence of such condition could reasonably have been discovered or revealed as a result of
any examination, investigation, exploration, test, or study of the Site and Contiguous areas required by
the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to
CONTRACTOR’s making such final commitment; or
c. CONTRACTOR failed to give the written notice within the time and as required by paragraph
4.03.A.
3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefore as
provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER’s Consultants shall not be
liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated
project.
4.04 Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to
existing Underground Facilities at or contiguous to the Site is based on information and data furnished to
OWNER or ENGINEER by the OWNER’s of such Underground Facilities, including OWNER, or by others.
Unless it is otherwise expressly provided in the Supplementary Conditions:
1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such
information or data; and
2. The cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full
responsibility for:
a. Reviewing and checking all such information and data,
b. Locating all Underground Facilities shown or indicated in the Contract Documents.
c. Coordination of the Work with the OWNER’s of such Underground Facilities, including OWNER,
during construction, and
d. The safety and protection of all such Underground Facilities and repairing any damage thereto
resulting from the Work.
B. Not Shown or Indicated
1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or
indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR
shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or
performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A).
identify the OWNER of such Underground Facility and give written notice to that OWNER and to OWNER
and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if
GC - 14 of 57
