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104.03 DIFFERING SITE CONDITIONS . During the progress of the work, if subsurface or
latent physical conditions are encountered at the site differing materially from those indicated in the Contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. Upon written notification, the Engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding anticipated profits, will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. No Contract adjustment will be allowed under this clause for any effects caused on unchanged work.
104.04 ALTERATIONS IN THE PLANS OR DETAILS . The Engineer may order changes in
the Plans or Details, increase, reduce, or elim inate any Contract work item deemed necessary to satisfactorily complete the Project. Should such alterations in the Contract result in changes in the quantities of work to be performed, the Contractor shall complete such altered quantities in the same manner prescribed for the corresponding unaltered quantities. Unless otherwise provided for under Subsection 104.07; Significant Changes in the Character of the Work , such altered work shall be paid for at the same unit prices as for the corresponding unaltered items of work.
a.Prefabricated Materials . The Engineer may find it necessary to decrease or eliminate items of work that involve prefabricated materials which are not considered stock commercial items. In the event fabrication of such materials was started or completed before the Contractor is advised of the decrease or elim ination of the items in question, the Department may:
1.Upon verification, reimburse the Contractor for the fabrication cost, including material cost less salvage value; or
2.Instruct the Contractor to have the fabricated material delivered to the project to be placed in the care of the Engineer for subsequent use by the State on other work. Payment for such material will be made in accordance with Subsection 109.06; Partial Payments .
104.05 EXTRA WORK . The Contractor shall perform extra work, for which there is no price
included in the Contract, whenever it is deemed necessary or desirable to complete the work as contemplated. Such work shall be performed in accordance with the Specifications and as 1−26 directed, and will be paid for as provided under Subsection 109.04; Differing Site Conditions, Changes, Extra Work, and Force Account Work .
104.06 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER . If the performance of all
or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor belie ves that additional compensation and/or Contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment within seven calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Upon receipt, the Engineer will evaluate the Contractor's request. If the Engineer agrees that the cost and/or time required for the performance of the Contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the Contract in writing accordingly. The Contractor will be notified of the Engineer's determination whether or not an adjustment of the Contract is warranted. No Contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed. No Contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other te rm or condition of this Contract.
104.07 SIGNIFICANT CHANGES IN THE CHARACTER OF THE WORK . The Engineer
reserves the right to make in writing at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the Contract nor release the surety, and the Contractor agrees to perform the work as altered. If the alterations or changes in quantities significantly change the character of the work under the Contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustm ent, excluding anticipated profits, will be made to the Contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Contractor in such amount as the Engineer may determine to be fair and equitable. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the Contract, the altered work will be paid for as provided elsewhere in the Contract.
a.Circumstances for Significant Change . The term "significant change" shall be construed to apply only to the following circumstances:
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 39–40 of 826.