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ARTICLE 11 DIFFERING SITE CONDITIONS <br /> 11.1 General <br /> A. Notification <br /> 1. Upon discovery and before such conditions are disturbed, the Contractor shall promptly <br /> provide Notice to the Owner's Representative of: <br /> a. Preexisting subsurface or latent physical conditions at the Site differing materially from <br /> those indicated in this Contract, or <br /> b. Preexisting unknown physical conditions at the Site, of an unusual nature, differing <br /> materially from those ordinarily encountered and generally recognized as inhering in <br /> Work of the character provided for in this Contract. <br /> B. Investigation of the Conditions <br /> 1. The Owner's Representative will promptly investigate the conditions. <br /> 2. If the Owner's Representative finds that conditions are materially different and cause a <br /> material increase or decrease in the Contractor's cost of performance of the Work, or extends <br /> the duration of the critical path of the schedule, the Owner's Representative will make an <br /> adjustment of Contract Sum or Contract Time. <br /> 3. Extensions of Contract Time will be evaluated in accordance with 5.2.C. Extensions of <br /> Contract Time. <br /> C. Inability to Agree on Adjustment of Contract Sum or Contract Time <br /> 1. If the parties are unable to agree on an adjustment of Contract Sum or Contract Time, the <br /> Owner's Representative will determine the amount of the adjustment of Contract Sum or <br /> Contract Time. <br /> 2. If the Owner's Representative determines that differing Site conditions do not exist or that no <br /> adjustment in Contract Sum or Contract Time is warranted, such determination shall be final. <br /> 3. If there is a decrease in the costs or time required to perform the Work, failure of the <br /> Contractor to notify the Owner's Representative of the differing Site condition shall not <br /> affect the Owner's right to make an adjustment in the Contract Sum or Contract Time. <br /> a. No Contract Claim or adjustment of Contract Sum or Contract Time shall be allowed <br /> unless the Contractor has followed the procedures provided for in this Contract, <br /> including, but not limited to, furnishing timely Notice of the event and its effect on <br /> Contract Time and Contract Sum as required herein. <br /> ARTICLE 12 CONTRACT CLAIMS <br /> 12.1 General <br /> A. If the Contractor requests or believes for any reason that additional compensation or an extension <br /> of Contract Time is due it, including, but not limited to, breach of contract or request for <br /> adjustment of Contract Sum or Contract Time, or if the Contractor has a Dispute with the Owner <br /> and wants the Owner to take some action, or refrain from taking action, the Contractor shall file a <br /> Contract Claim as provided in this section. A timely and complete Contract Claim is a condition <br /> precedent to any entitlement by the Contractor to an adjustment of Contract Sum or Contract <br /> Time. No Contract Claim shall be allowed unless the Contractor has given Notice as required by <br /> WFP Operations Building Seismic Retrofit-Rebid January 6, 2017 <br /> WO#UP3600 007213 - 53 <br />