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1 11. DIFFERING SITE CONDITIONS <br /> Upon discovery and before such conditions are disturbed, the Contractor shall promptly provide Notice to <br /> the Owner's Representative of: <br /> 1. Preexisting subsurface or latent physical conditions at the site differing materially from <br /> those indicated in this Contract, or <br /> I 2. Preexisting unknown physical conditions at the site, of an unusual nature, differing <br /> materially from those ordinarily encountered and generally recognized as inhering in work <br /> of the character provided for in this Contract. <br /> I <br /> The Owner's Representative will promptly investigate the conditions. If the Owner's Representative finds <br /> that conditions are materially different and cause a material increase or decrease in the Contractor's cost <br /> of performance of the work, or extends the duration of the critical path of the schedule, the Owner's <br /> I Representative will make an adjustment of Contract Sum or Contract Time. Extensions of Contract Time <br /> will be evaluated in accordance with section 5.2.2.2 Extensions of Contract Time. <br /> However, if the parties are unable to agree on an adjustment of Contract Sum or Contract Time, the <br /> I Owner's Representative will determine the amount of the adjustment of Contract Sum or Contract Time. <br /> If the Owner's Representative determines that differing site conditions do not exist or that no adjustment <br /> in Contract Sum or Contract Time is warranted, such determination shall be final. If there is a decrease in <br /> the costs or time required to perform the work, failu'z,.of the Contractor to notify the Owner's <br /> I <br /> Representative of the differing site condition shall not affect the Owner's right to make an adjustment in <br /> the Contract Sum or Contract Time. Additionally, no Contract Claim or adjustment of Contract Sum or <br /> Contract Time shall be allowed unless the Contractor has followed the procedures provided for in this <br /> I Contract, including, but not limited to, furnishing timely Notice of the event and its effect on Contract Time <br /> and Contract Sum as required herein. <br /> 12. CONTRACT CLAIMS <br /> I12.1 GENERAL <br /> If the Contractor requests or believes for any reason that additional compensation or an extension of <br /> I Contract Time is due it, including, but not limited to, breach of contract or request for adjustment of <br /> Contract Sum or Contract Time, or if the Contractor has a Dispute with the Owner and wants the Owner <br /> to take some action, or refrain from taking action, the Contractor shall file a Contract Claim as provided in <br /> I this section. A timely and complete Contract Claim is a condition precedent to any entitlement by the <br /> Contractor to an adjustment of Contract Sum or Contract Time. No Contract Claim shall be allowed <br /> unless the Contractor has given Notice as required by this section. The Contractor waives any Contract <br /> Claim if: (a) Notice was not timely given; (b)the Owner's Representative is not afforded reasonable <br /> I access by the Contractor to complete records, including, but not limited to, correspondence,job diaries, <br /> and actual cost and additional time incurred; (c)a Contract Claim is not timely filed as required by the <br /> General Conditions; or(d) adequate, accurate, contemporaneous and segregated supporting time and <br /> I expense records are not kept and maintained. The fact that the Contractor provided proper and timely <br /> Notice, provided a properly filed Contract Claim, or provided the Owner's Representative access to <br /> records of actual cost, shall not in any way be construed as proving or substantiating the validity of the <br /> Contract Claim. If the Owner determines the Contract Claim has merit in whole or in part, the Owner's <br /> I Representative will make an adjustment of Contract Sum or Contract Time required for the work, or both. <br /> If the Owner's Representative finds the Contract Claim to be without merit, no adjustment will be made. <br /> The Contractor shall keep full, complete, accurate and contemporaneous records of the costs and <br /> I additional time incurred for any alleged Contract Claim. The Contractor shall permit the Owner's <br /> Representative to have access to those records and any other records as may be required by the <br /> Owner's Representative to determine the facts or contentions involved in the Contract Claim. Owner is <br /> I not obligated to respond to a Contract Claim unless the Contractor is in full compliance with all the <br /> provisions of the General Conditions and the formal Contract Claim document has been submitted <br /> IEVERETT RIVERFRONT SURCHARGE GENERAL CONDITIONS <br /> PHASE 3 <br /> 00710-41 <br />