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FAR and DFARS › FAR Part 52: Solicitation Provisions and Contract Clauses › Subpart 52.2

FAR 52.236-2 Differing Site Conditions.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This clause lets a contractor get an equitable adjustment if it hits subsurface or latent site conditions that differ materially from what the contract indicated, or unknown unusual physical conditions. To preserve that right, the contractor must give written notice promptly and before disturbing the conditions. Without that notice, or if the request comes after final payment, no adjustment is allowed.

Applies to: Contractors performing work at a site under a contract containing this clause

What it requires

  • Promptly give written notice to the Contracting Officer, before disturbing the conditions, of qualifying differing site conditions
  • Request any equitable adjustment before final payment under the contract

Key terms: differing site conditions · latent physical conditions · equitable adjustment · Contracting Officer · final payment

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

As prescribed in 36.502, insert the following clause:

Differing Site Conditions (APR 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

(End of clause)

Sections it refers to

  • 36.502 Differing site conditions.

Sections that refer to it

← 52.236-1 Performance of Work by the Contractor. · 52.236-3 Site Investigation and Conditions Affecting the Work. →

Rule changes for FAR Part 52

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 52.236-2 Differing Site Conditions · SpendQuery