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FML, Inc. <br />STS Project 93589 <br />August 28, 1985 <br />-17- <br />any variations which may occur between these borings. In perfor- <br />mance of the subsurface explorations, specific information is <br />obtained at specific locations and at specific times. However, it <br />is a well-known fact that variations in soiland rock conditions <br />exist on -most sites between boring locations at specific times. <br />The nature and extent of variations may not become evident until <br />the course of construction. If variations then appear evident, it <br />will be necessary for a re-evaluation of the recommendations of <br />this report after performing on -site observations during <br />the con- <br />struction period and noting the characteristics of any variations. <br />Because of the possibility of these unanticipated subsurface <br />conditions occurring, we recommend that a "changed condition" <br />clause <br />be provided in the contract both with the general contractor <br />and in contracts with subcontractors involved in the foundation and <br />earthwork construction. It is fel <br />t the inclusion of this clause <br />will permit contractors to give lower prices because they will not <br />need to provide as much in contingencies as they normallywould <br />old if <br />equitable adjustment of changed conditions will minimize conflicts <br />and litigation with the attendant delays and costs. Furthermore, <br />by the immediate recognition and adjustment in contract price at <br />the time any changed conditions are encountered, the immense <br />problem P of trying to recreate facts when litigation develops later <br />is eliminated. A mediation/arbitration procedure is recommended in <br />the event that the owner, contracto <br />r and professionals do not agree <br />on the changed conditions at the moment they are disclosed. If you <br />wish, we would be pleased to furnish additional information per- <br />taining to this procedure. <br />N <br />H <br />