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M Standard Clause for Unanticipated Subsurface Conditions "The owner has had a subsurface investigation performed by a foundation consultant, the results of which are contained in the.consultant's report. The consultant's report presents his conclusions on the subsurface conditions based on his interpretation of the data obtained in the investigation. The contractor acknowledges that he has reviewed the consultant's report and any addenda thereto, and that his bid for earthwork operations is based on the subsurface conditions, as described in this report. It is recognized that a subsurface investigation may not disclose all conditions as they actually exist and further, conditions may change, particularly groundwater conditions, between the time of a subsurface investigation and the time of earthwork operations. In recognition of these farts, -this clause is entered in the contract to provide a means of equitable additional compensation for the contractor if adverse unanticipated conditions are encountered and to provide a means of rebate to the owner if the conditions are more favorable than anticipated. At any time during earthwork, paving and foundation construction operations that the contractor encounters conditions that are different than those anticipated by the foundation consultant's report, he shall immediately (within 24 hours) bring this fact to the owner's attention. if the owner's representative on the construction site observes subsurface -onditions which are different than those anticipated by the foundation consultant's report, he shall immediately (within 24 hours) bring this fact to the contractor's attention. Once a fact of unanticipated conditions has been brought to the attention of either the owner or the contractor, and the consultant has concurred, immediate negotiations will be undertaken between the owner and the contractor to arrive at a change in contract price for additional work or reduction in work because of the unanticipated conditions. The contractor agrees that the following unit prices would apply for additional or reduced work under the contract. For changed conditions for which unit prices are not provided, the additional work shall be paid for on a time and material basis," Another example of a changed conditions clause can be found in paper No. 4035 by Robert F. Borg published in ASCE Construction Division Journal, No. CO2, September 1964, page 37. r STS Consultants, Ltd.