5.3.1.7.1 Type I Conditions
| Jurisdiction | Arizona |
A Type I differing site condition occurs when the actual site conditions encountered differ from the express or implied site conditions indicated in the contract. In order to prove a Type I changed condition, the contractor must be able to establish the following elements:
1. The contract documents must have affirmatively indicated or represented a subsurface or physical site condition that forms the basis of the claim.
2. There must actually be encountered subsurface or site conditions differing...
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