Md. Code Regs. 21.07.02.05 - Differing Site Conditions

Mandatory provision for all construction contracts:

"Differing Site Conditions

"(1) The Contractor shall promptly, and before such conditions are disturbed, notify the procurement officer in writing of:

(1) subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or

(2) unknown physical conditions at the site of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. The procurement officer shall promptly investigate the conditions, and if the procurement officer finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly.

"(2) No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in (1) above; provided, however, the time prescribed therefor may be extended by the State.

"(3) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract."

Notes

Md. Code Regs. 21.07.02.05

Regulation .05 amended effective 46:14 Md. R. 621, eff. 7/15/2019