published
UNFORESEEN CONDITIONS
Proposed August 13, 2025
a. If conditions and/or circumstances are encountered at the job site which are concealed physical conditions, or unknown physical conditions of an unusual nature which differ materially from that which is visually ascertained, Customer accepts responsibility for such conditions and related circumstances outside the control of Contractor and Customer further agrees to pay for any labor or materials, including repair to damaged equipment of Contractor caused by such conditions and/or circumstances.b. Unforeseen Conditions. It is the intent of this provision to make Customer responsible for all (1) unforeseen and concealed conditions, and (2) for that which Contractor cannot control. Accordingly, Customer further agrees to hold Contractor harmless and shall indemnify and defend Contractor and all of its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees, consequential damages, arising out or as a result from the performance of Contractor's work involving, affecting, or relating to such unforeseen or concealed conditions.Additional Work: In the event Contractor performs any additional work not related to its original contract, Contractor will provide an additional charge for that work, and Customer agrees to promptly pay Contractor as outlined herein, for the additional work. Further, any changes made after any materials are ordered, is the sole responsibility of the Customer.