Curtis W. Martin and Cornelius Banta, Jr. | ConsensusDocs “We do not follow maps to buried treasure, and X never, ever marks the spot.” That’s the advice that Indiana Jones offered in the Last Crusade film. But what’s beneath the surface isn’t just important to adventure archaeologists. It has real-world application to our industry, where success depends on… Continue reading He Chose…Poorly: How Bad DSC Clauses Lead to Project Doom in the Last Crusade of Construction Risk
Tag: Differing Site Conditions
Type I and Type II Differing Site Conditions Claims
David Adelstein | Florida Construction Legal Updates In government contracting, there is a Federal Acquisition Regulation (FAR) on differing site conditions. See F.A.R. 52-236-2. This regulation, and the standard, would apply outside of government contracting when you hear about differing site conditions claims. I. TYPE I DIFFERING SITE CONDITIONS A type 1 differing site conditions claim occurs when… Continue reading Type I and Type II Differing Site Conditions Claims
Contractor’s Claim Denied: The Importance of Knowing Prior Projects in Differing Site Condition Disputes
Traeger Machetanz | Davis Wright Tremaine In Skanska Civil USA Southeast, Inc. ASBCA Nos. 61220, 61347 (April 3, 2025), the Armed Services Board of Contract Appeals denied the contractor’s claim for differing site conditions. The contractor asserted claims for defective specifications and a differing site condition arising out of the demolition of two existing piers. A plan… Continue reading Contractor’s Claim Denied: The Importance of Knowing Prior Projects in Differing Site Condition Disputes
Timing Matters for Differing Site Conditions
Stephanie Snyder-Zuasnabar | Gray Reed Many construction contracts contain some version of a “differing site conditions” clause. AIA’s A201 general conditions, as well as in the EJCDC equivalent, contains a changed site condition clause. It also appears in most state DOT specifications and federal government construction contracts. Generally, this provision provides for a change order… Continue reading Timing Matters for Differing Site Conditions
The Benefits of Early Geotech Risk Mitigation
Bill Thompson | HKA Of all the risks engineers, contractors, and owners face on construction projects, unknown ground conditions are some of the most critical and costly. Expansive or corrosive soils, depth to bedrock, high groundwater, and a number of other geotechnical challenges can jeopardize the integrity of any structure — as well as the… Continue reading The Benefits of Early Geotech Risk Mitigation