When must the Contractor notify the Owner of concealed conditions?

The requirement for the Contractor to notify the Owner of concealed conditions before any work on those conditions is disturbed is rooted in the principles of risk management and ensuring that both parties understand the implications of unexpected site conditions. This approach allows the Owner to evaluate the situation, consider potential changes in scope, and make informed decisions about how to proceed.

By notifying the Owner before disturbing the concealed conditions, the Contractor ensures that the Owner can assess the situation and allocate resources appropriately, whether that involves adjusting project timelines, revising plans, or preparing for additional costs. This notification also helps document the issue in a timely manner, which can be significant for claims or disputes that may arise later.

The requirement to notify before any action is taken on the concealed conditions is often outlined in construction contracts, particularly in clauses addressing unforeseen conditions. This procedural step is crucial in maintaining open communication and collaboration between the contractor and the owner, which is essential for project success.