Md. Code Regs. 21.07.02.06
Mandatory provision for all construction contracts:
"Site Investigation “The Contractor acknowledges that the Contractor has investigated and satisfied itself as to the conditions affecting the work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the work. The Contractor further acknowledges that the Contractor has satisfieditself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the State, as well as from information presented by the drawings and specifications made a part of this contract. Any failure by the Contractor to acquaint itself with the available information may not relieve the Contractor from responsibility for estimating properly the difficulty or cost of successfully performing the work. The State assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the State.”
Authority: State Finance and Procurement Article, §§12-101, 13-216, 13-218, 13-225, 15-226, and 17-801—17-804, Annotated Code of Maryland
Effective date: July 1, 1981 (8:13 Md. R. II-5)
Regulation .09 amended effective May 6, 1985 (12:9 Md. R. 816)
Chapter revised effective January 9, 1989 (15:27 Md. R. 3138)
Regulation .02 amended effective July 15, 2019 (46:14 Md. R. 623)
Regulation .03 amended effective July 15, 2019 (46:14 Md. R. 623)
Regulation .04 amended effective January 2, 2017 (43:26 Md. R. 1449); July 15, 2019 (46:14 Md. R. 623)
Regulation .05 amended effective July 15, 2019 (46:14 Md. R. 623)
Regulation .05-1 adopted effective October 6, 1997 (24:20 Md. R. 1405)
Regulation .05-1E amended effective January 24, 2000 (27:1 Md. R. 78)
Regulation .05-2 adopted effective October 2, 2000 (27:19 Md. R. 1730)
Regulation .05-2 amended effective July 9, 2001 (28:13 Md. R. 1216); September 18, 2023 (50:18 Md. R. 800); March 3, 2025 (52:4 Md. R. 221)
Regulation .05-3 adopted effective July 9, 2001 (28:13 Md. R. 1216)
Regulation .06 amended effective July 15, 2019 (46:14 Md. R. 623)
Regulation .07 amended effective July 15, 2019 (46:14 Md. R. 623); June 29, 2020 (47:13 Md. R. 643)
Regulation .08 amended effective July 15, 2019 (46:14 Md. R. 623)
Regulation .09 amended effective July 15, 2019 (46:14 Md. R. 623)
Regulation .10 amended effective May 20, 1996 (23:10 Md. R. 733); February 23, 2009 (36:4 Md. R. 355); March 16, 2015 (42:5 Md. R. 488)
Regulation .10A amended effective March 11, 2019 (46:5 Md. R. 310); March 3, 2025 (52:4 Md. R. 221)
Regulation .11 adopted effective July 15, 2019 (46:14 Md. R. 623)
Regulation .12 adopted effective May 17, 2021 (48:10 Md. R. 401)