FAR 52.236-2 - Differing Site Conditions

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Prescribed in 36.502

Effective Date:1 April 1984
Clause or Provision:Clause
Provision or Clause Number: 52.236-2 - Differing Site Conditions

Principle Type And/Or Purpose of Contract:
Required:
Applicable:Dismantling, Demolition or Removal of Improvements; Fixed Price, Construction
Optional:Utility Services; Simplified Acquisition Procedures (Excludes Micro-Purchase); Facilities; Indefinite Delivery; Leasing of Motor Vehicles; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Service; Cost Reimbursement, Supply; Cost Reimbursement, Service
Subject:
ProcurementType:
Contract Threshold:
Prescription Overview:

Prescription

Clause Overview:

Clause

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of—

  • (1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or
  • (2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.


(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.


(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer.


(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

Important Notes/Requirements:
Subcontract Threshold:
Incorporated by Reference:Yes
Uniform Contract Format:
Editor:Marshall

Personal notes.