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
Tag: Differing Site Conditions
Differing Site Conditions Produce Differing Challenges
Sarah E. Carson | Smith Currie | January 8, 2019 The saying “The best laid plans of mice and men often go awry” can too often apply in the construction industry. A contractor may receive a description of site conditions that is ultimately found flawed or misleading. The costs associated with addressing these surprise conditions… Continue reading Differing Site Conditions Produce Differing Challenges
Back to Basics – Differing Site Conditions
Tracey W. Pruiett | Smith Currie & Hancock | December 4, 2018 Encountering an unexpected site condition is one of the more common risks on a construction project. A “differing site condition”, or it is sometimes called a “changed condition”, is generally understood to be a physical condition that is discovered while performing work and… Continue reading Back to Basics – Differing Site Conditions
Contractor Submits $4.5M Claim for Differing Site Conditions, Fed Court Rejects and then Imposes Liquidated Damages for $400K
Brendan Carter | The Dispute Resolver | November 21, 2018 The U.S. Court of Federal Claims shows contractors once again the dangers that can exist when pricing a performance specification and the importance of giving owner’s proper notice for change orders in CKYInc. v. Unites States of America. In 2012, the Government awarded CKY, Inc. a… Continue reading Contractor Submits $4.5M Claim for Differing Site Conditions, Fed Court Rejects and then Imposes Liquidated Damages for $400K
Type 1 Differing Site Conditions Claim is not Easy to Prove
David Adelstein | Florida Construction Legal Updates | May 19, 2018 A differing site condition claim will almost universally result in both a cost and time impact. There will be additional, unanticipated costs incurred. And there will likely be a delay requiring additional time to perform. A Type I differing site condition claim is when the contractor encounters… Continue reading Type 1 Differing Site Conditions Claim is not Easy to Prove