2010 Construction and Material Specifications - Ohio Department of ...

104.02 Revisions to the Contract Documents.
104.02
A. General. The Department reserves the right to revise the Contract
Documents at any time. Such revisions do not invalidate the Contract or release
the Surety, and the Contractor agrees to perform the Work as revised.
The provisions of this section are subject to the limitation of ORC 5525.14.
B. Differing Site Conditions. During the progress of the Work, if subsurface
or latent physical conditions are encountered at the site differing materially from
those indicated in the Contract Documents or if unknown physical conditions of an
unusual nature, differing materially from those ordinarily encountered and
generally recognized as inherent in the Work provided for in the Contract
Documents, are encountered at the site, notify the Engineer as specified in 104.05
of the specific differing conditions before they are disturbed or the affected Work
is performed.
Upon notification, the Engineer will investigate the conditions and if it is
determined that the conditions materially differ and cause an increase or decrease
in the cost or time required for the performance of any Work under the Contract,
the Department will make an adjustment and modify the Contract as specified in
108.06 and 109.05. The Engineer will notify the Contractor of the determination
whether or not an adjustment of the Contract is warranted.
C. Suspension of Work. If the performance of all or any portion of the Work is
suspended or delayed by the Engineer in writing for an unreasonable period of
time (not originally anticipated, customary, or inherent to the construction
industry) and the Contractor believes that additional compensation or time is due
as a result of such suspension or delay, notify the Engineer as specified in 104.05.
Upon receipt of notice, the Engineer will evaluate the Contractor’s request.
If the Engineer agrees that the cost or time required for the performance of the
Work has increased as a result of such suspension and the suspension was caused
by conditions beyond the control of and not the fault of the Contractor, its
suppliers, or subcontractors at any approved tier, and not caused by weather, the
Engineer will make an equitable adjustment (excluding profit) and modify the
contract as specified in 108.06 and 109.05. The Engineer will notify the
Contractor of its determination whether or not an adjustment to the Contract
Documents is warranted. Failure of the Engineer to suspend or delay the Work in
writing does not bar the Contractor from receiving a time extension or added
compensation according to 108.06 or 109.05.
The Department will not make an adjustment under this subsection in the
event that performance is suspended or delayed by any other cause, or for which
an adjustment is provided or excluded under any other term or condition of this
Contract.
D. Significant Changes in Character of the Work. The Engineer may alter
the Work as necessary to complete the Project. The Engineer will make
appropriate adjustments according to 108.06 and 109.05, if such alterations
significantly change the character of the Work.
If the Contractor disagrees as to whether an alteration constitutes a
significant change, use the notification procedures specified in 104.0205.
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