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
Tag: Differing Site Conditions
Design-Build Contractor Held to the Same Standard On Differing Site Conditions Clause
Matthew DeVries | Best Practices Construction Law | November 20, 2019 Each and every kid in my house is held to the same standard—a very tough one I might add. You see, I recognize they are different ages, difference sexes, and have different strengths and weaknesses, but that does not change how I choose to… Continue reading Design-Build Contractor Held to the Same Standard On Differing Site Conditions Clause
This Project Is Behind Schedule – What Is a Contractor to Do?
Michelle Litteken | PilieroMazza | August 6, 2019 Construction projects rarely, if ever, go precisely as planned. One of the most common issues government contractors face is falling behind schedule. A schedule is developed, and then the contractor is confronted with differing site conditions, changes, or a litany of other causes of delay. The contract… Continue reading This Project Is Behind Schedule – What Is a Contractor to Do?
The Court of Federal Claims Provides Guidance on Differing Site Conditions and Superior Knowledge Claims
Traeger Machetanz | Davis Wright Tremaine LLP | April 22, 2019 A recent case from the Court of Federal Claims provides us instruction on differing site conditions and superior knowledge claims. The case arose out of a maintenance dredging contract issued by the United States Army Corps of Engineers (“USACE”). In North American Landscaping, Construction and… Continue reading The Court of Federal Claims Provides Guidance on Differing Site Conditions and Superior Knowledge Claims
Approaches in the Absence of a Differing Site Conditions Clause
Parker A. Lewton | Smith Currie | April 2, 2019 A contractor who has encountered unforeseen conditions will typically rely on the contract’s differing site conditions clause as a means to recovery. Most construction contracts address those issues directly. In ConsensusDocs Standard Agreement and General Conditions between Owner and Constructor, the starting point is §… Continue reading Approaches in the Absence of a Differing Site Conditions Clause