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4.03 Differing Subsurface or Physical Conditions <br />A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or <br />revealed either: <br />l. is of such a nature as to establish that any "technical data" on which Contractor is entitled to <br />rely as provided in Paragraph 4.02 is materially inaccurate; or <br />2, is of such a nature as to require a change in the Contract Documents; or <br />3. differs materially from that shown or indicated in the Contract Documents; or <br />4. is of an unusual nature, and differs materially from conditions ordinarily encountered and <br />generally recognized as inherent in work of the character provided for in the Contract <br />Documents; <br />then Contractor shall, promptly after becoming aware thereof and before further disturbing the <br />subsurface or physical conditions or performing any Work in connection therewith (except in an <br />emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such <br />condition. Contractor shall not further disturb such condition or perform any Work in connection <br />therewith (except as aforesaid) until receipt of written order to do so. <br />B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will <br />promptly review the pertinent condition, determine the necessity of Owner's obtaining additional <br />exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) <br />of Engineer's findings and conclusions. <br />C. Possible Price and Times Adjustments: <br />1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent <br />that the existence of such differing subsurface or physical condition causes an increase or <br />decrease in Contractor's cost of, or time required for, performance of the Work; subject, <br />however, to the following: <br />a. such condition must ineet any one or more of the categories described in Paragaph <br />4.03.A; and <br />b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract <br />Price will be subject to the provisions of Paragraphs 9.07 and 11.03. <br />2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times i£ <br />a. Contractor knew of the existence of such conditions at the time Contractor made a final <br />commitment to Owner with respect to Contract Price and Contract Times by the <br />submission of a Bid or becoming bound under a negotiated contract; or <br />b. the existence of such condition could reasonably have been discovered or revealed as a <br />result of any examination, investigation, exploration, test, or study of the Site and <br />EJCDC C-700 Standard General CondiHons of the Construction Contract <br />Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Pa¢e 12 of 62 <br />