Subcontractors

3. any CONTRACTOR interpretation of or conclusion b. with respect to Work that is paid for on a Unit Pricedrawn from any "technical data" or any such other data, Basis, any adjustment in Contract Price will be subject tointerpretations, opinions, or information, the provisions of paragraphs 9.08 and 11.03.4.03 Differing Subsurface or Physical Conditions 2. CONTRACTOR shall not be entitled to any adjustmentin the Contract Price or Contract Times if:A. Notice: If CONTRACTOR believes that anysubsurface or physical condition at or contiguous to the Site a. CONTRACTOR knew of the existence of suchthat is uncovered or revealed either:conditions at the time CONTRACTOR made a finalcommitment to OWNER in respect of Contract Price and1. is of such a nature as to establish that any "technical Contract Times by the submission of a Bid or becomingdata" on which CONTRACTOR is entitled to rely as bound under a negotiated contract; orprovided in paragraph 4.02 is materially inaccurate; orb. the existence of such condition could reasonably have2. is of such a nature as to require a change in the been discovered or revealed as a result of any examination,Contract Documents; orinvestigation, exploration, test, or study of the Site andcontiguous areas required by the Bidding Requirements or3. differs materially from that shown or indicated in the Contract Documents to be conducted by or for CON-Contract Documents; orTRACTOR prior to CONTRACTOR's making such finalcommitment; or4. is of an unusual nature, and differs materially fromconditions ordinarily encountered and genetally recogmized c. CONTRACTOR failed to give the written noticeas inherent in work of the character provided for in the within the time and as required by paragraph 4.03.A.Contract Documents;3. If OWNER and CONTRACTOR are unable to agreethen CONTRACTOR shall, promptly after becoming aware on entitlement to or on the amount or extent if any, of anythereof and before further disturbing the subsurface or adjustment in the Contract Price or Contract Times, or both,physical conditions or performing any Work in connection a Claim may be made therefor as provided in paragraphtherewith (except in an emergency as required by paragraph 10.05. However, OWNER, ENGINEER, and6.16.A), notify OWNER and ENGINEER in writing about ENGINEER's Consultants shall not be liable tosuch condition. CONTRACTOR shall not further disturb CONTRACTOR for any claims, costs, losses, or damagessuch condition or perform any Work in connection (including but not limited to all fees and charges oftherewith (except as aforesaid) until receipt of written order engineers, architects, attorneys, and other professionals andto do so.all court or arbitration or other dispute resolution costs)sustained by CONTRACTOR on or in connection with anyB. ENGINEER's Review: After receipt of written other project or anticipated project.notice as required by paragraph 4.03,A, ENGINEER willpromptly review the pertinent condition, determine the 4.04 Underground Facilitiesnecessity of OWNER's obtaining additional exploration ortests with respect thereto, and advise OWNER in writingA. Shown or Indicated: The information and data(with a copy to CONTRACTOR) of ENGINEER's findings shown or indicated in the Contract Documents with respectand conclusions,to existing Underground Facilities at or contiguous to theSite is based on information and data furnished to OWNERC. Possible Price and Times Adjustments or ENGINEER by the owners of such Underground Facilities,including OWNER, or by others, Unless it is otherwiseI. The Contract Price or the Contract Times, or both, will expressly provided in the Supplementary Conditions:be equitably adjusted to the extent that the existence of suchdiffering subsurface or physical condition causes an in- 1. OWNER and ENGINEER shall not be responsible forcrease or decrease in CONTRACTOR's cost of, or time the accuracy or completeness of any such information orrequired for, performance of the Work; subject, however, to data; andthe following:2, the cost of all of the following will be included in thea. such condition must meet any one or more of the Contract Price, and CONTRACTOR shall have fullcategories described in paragraph 4.03.A; andresponsibility for:EJCDC No. 1910-8 (1996 Edition) 007200- 12w/ JJG Modifications (Rev03/06/08)