Does encountering a concealed condition meet the intent of GC 13.1 Delay by Owner, or GC 13.5 Delays for Additional Instructions?

Question

Accepted Answer

QUESTION

I would like some clarification on the General Conditions of a MMCD contract as they relate to delay claims for encountering concealed or unknown conditions. Specifically the time period from encountering the condition to the Contractor making the decision to move to another area of the job site and the lost production time in mobilizing / de-mobilizing. The remediation of the condition I fully understand is a Change and can be dealt with accordingly.

My question is, does encountering a concealed condition meet the intent of GC 13.1 Delay by Owner or GC 13.5 Delays for Additional Instructions?

My interpretation would be a concealed condition meets both but if so, which one governs for payment of delay costs?

COMMENT

GC 11.1.1 gives three criteria for “Concealed or Unknown Condition”:

GC 13.1.1 says that a delay to the Contractor by the Owner must be caused by a specific act or omission by the CA the Owner, employees and agents.

Does encountering a concealed condition meet the intent of GC 13.1 Delay by Owner, or GC 13.5 Delays for Additional Instructions?

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