Type I conditions differ materially from those indicated in the contract documents. Type II conditions are unusual and materially different from those ordinarily encountered. Both require prompt notice.
Contract clauses govern entitlement and notice.
Alternative Names:
Changed Conditions, Concealed Conditions
Why it Matters?
Notice timing is where these claims fail, since clauses typically require written notice before the condition is disturbed and continuing work without notice waives the claim. Type I claims turn on what the contract documents actually indicated, which makes geotechnical reports and boring logs the central evidence. Disclaimers of subsurface information are common and their enforceability varies, with some jurisdictions declining to enforce them against affirmative representations.
Frequently Confused with
Related terms
Frequently asked questions
Why do these claims fail on notice?
Are subsurface disclaimers enforceable?


