1. Is 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.
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of
such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR’s cost of, or
time required for, performance of the Work; subject, however, to the following:
a. Such condition must meet any one or more of the categories described in paragraph 4.03.A; and
b. With respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be
subject to the provisions of paragraphs 9.08 and 11.03.
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 time 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
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