Brian Waagner | Husch Blackwell The decision of the Court of Federal Claims in Marine Industrial Construction LLC v. United States, 158 Fed. Cl. 158 (2022), includes detailed analysis of several legal issues familiar to contractors facing challenging subsurface conditions on a federal construction contract. In addition to the sufficiency of the contractor’s compliance with the unique notice requirements… Continue reading The Difference Between Differing Site Conditions And Superior Knowledge
Tag: Differing Site Conditions
Construction Site Disclaimers: Navigating Risk Allocation for Differing, Concealed and Unknown Conditions in Heavy-Civil, Excavation, and Infrastructure Work
Michael E. Wagner, Jr. | The Construction Seyt In heavy-civil, excavation, and infrastructure work, the risk of encountering differing, unknown, or concealed conditions is significant, as it is nearly impossible to document or predict everything that the contractor will encounter below the surface when performing its operations. Although standard pre-bid site surveys, including soil and… Continue reading Construction Site Disclaimers: Navigating Risk Allocation for Differing, Concealed and Unknown Conditions in Heavy-Civil, Excavation, and Infrastructure Work
Non-compliance with Change Order Requirements Dooms Differing Site Conditions Claim
D. Bryan Thomas and Amandeep S. Kahlon | Buildsmart On November 6, 2020, the Kentucky Court of Appeals affirmed a trial court’s decision dismissing a contractor’s differing site conditions claim on a sewer replacement project. In TSI Construction, Inc. v. Louisville and Jefferson County Metropolitan Sewer District, the appellate court concluded that the contractor’s failure to comply… Continue reading Non-compliance with Change Order Requirements Dooms Differing Site Conditions Claim
Don’t Be Unreasonable: Equitable Adjustment Conditioned on Government Contractor’s Proof of Reasonable Interpretation of Contract
Douglas L. Patin, Aron C. Beezley & Amandeep S. Kahlon | Buildsmart The U.S. Court of Appeals for the Federal Circuit, in U.S. Army Corps of Engineers v. John C. Grimberg Co., Inc., recently reversed an Armed Services Board of Contract Appeals (ASBCA) decision that a federal contractor was entitled to an equitable adjustment on a… Continue reading Don’t Be Unreasonable: Equitable Adjustment Conditioned on Government Contractor’s Proof of Reasonable Interpretation of Contract
What Lies Beneath (And Who Pays for It?): Common Issues Arising Under the Differing Site Conditions Clause
Anthony J. LaPlaca | Seyfarth Shaw For projects that involve excavation or foundation work, even the most diligent pre-bid site survey may not fully inform the contractor of what conditions to expect below the surface. The risks of encountering unforeseen subsurface conditions are so high that, rather than encouraging bidders to include large contingencies in… Continue reading What Lies Beneath (And Who Pays for It?): Common Issues Arising Under the Differing Site Conditions Clause