I have a situation with a Fixed Price Construction Contract for the renovation of male and female bathroom/gang showers where an unforeseen condition has been discovered.  I have received funding for this modification, however the contractor has discovered the same condition in another bathroom/gang shower for which there is not sufficient funding for this additional work.  It has been suggested to wait and do an upward obligation next FY to obtain project year dollars. 

My question, is this considered funding incrimination since the unforeseen conditions were discovered in the same FY a couple of months apart or should I wait until the new FY and request an upward obligation for the entire amount for both unforeseen conditions. 

Does your contract contain the clauses at FAR 52.236-2 and 52.243-4?  These apply to fixed-price construction contracts above the SAT. 

• If so, is the unforeseen condition a differing site condition (FAR 52.236-2) or a change (FAR 52.243-4)?

Or, does your contract contain the clause at FAR 52.243-5?  This applies to fixed-price construction contracts below the SAT.

• If so, which paragraph of FAR 52.243-5 covers your unforeseen condition -- para. (a) or para. (b)?

The basic contract contains both FAR 52.236-2 and 52.243-4. 

Is the unforeseen condition a differing site condition (FAR 52.236-2) or a change (FAR 52.243-4)?  Or something else?