Concealed Condition Notice Before Disturbance
Concealed condition notice before disturbance is the contractor's process for notifying the required parties before altering a hidden condition that may support a contract adjustment. The notice should identify the observed condition, preserve evidence, and follow the contract's deadline and recipient requirements before the condition is disturbed.
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Concealed Condition Notice Before Disturbance
In construction contracts, what is a 'Type 1' differing site condition?
If an electrical crew digging a trench encounters an unexpected, concealed underground foundation, they can claim a Type 1 Differing Site Condition even if the contract documents did not include any soil reports or site descriptions.
Watch the provided video segment to understand the two types of differing site conditions. Then, match each field scenario encountered by an electrical crew with its correct contractual classification.
An electrical contractor trenching for underground conduit encounters an unmapped, dense rock formation. Arrange the steps the contractor must logically follow to analyze the situation and establish a Type 1 differing site condition.
Upon evaluating a rejected change order for unexpected underground water encountered during conduit trenching, an electrical contractor realizes the owner's rejection is valid because the original bid package included no soil reports to contradict. To successfully defend an appeal, the contractor must pivot their strategy and evaluate historical local data to prove the water level is of an unusual nature and not ordinarily found in that area, legally justifying the appeal as a Type ____ differing site condition.
Learn After
When a contractor discovers an unexpected hidden condition on a job site, the contractor is allowed to disturb or alter the condition first and then provide written notice to the owner afterward, as long as the notice is sent within the required timeframe.
While trenching for underground feeders on a commercial site, an electrical crew strikes an unmarked, concrete-encased duct bank that is not shown on the site plans. It completely blocks the planned trench path and will require significant extra labor to bypass. To properly preserve the right to a contract adjustment, what is the most critical action the contractor must take before the crew takes any further action in that area?
Match each action involved in the concealed condition notice process with its underlying purpose.
An electrical crew encounters an unexpected structural obstacle hidden behind a wall that will require extra labor and materials to bypass. To properly manage this concealed condition and preserve the right to a contract adjustment, arrange the following actions in the correct operational sequence.
An electrical crew uncovers an unexpected, concrete-encased obstruction while trenching. The site foreman proposes immediately breaking through the obstruction to maintain the project schedule, planning to submit a claim for the extra labor later. Upon evaluating this plan against standard contract requirements, the project manager rejects it, determining that doing so would destroy critical evidence needed for a contract adjustment. The manager correctly insists that formal notice must be provided to the owner and architect before the condition is _________.