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Differing Site Conditions

44 published works

  1. BuildSmart

    Contract’s Silence on the Southwest Bank Sinks Differing Site Condition Claim

    By Lee-Ann C. Brown, John Mark Goodman

    The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision of the Armed Services Board of Contract Appeals (ASBCA) denying a contractor's differing site condition claim on…

  2. Government Contracts Featured Insights

    Pre-Bid Site Investigation Considerations in Differing Site Condition Claims

    By Sareesh Rawat

    To recover under a differing site condition claim in federal construction contracts, the contractor must establish that the conditions it encountered were either materially different from those indicated in the…

  3. Government Contracts Featured Insights

    Recovering Under a Type II Differing Site Conditions Claim

    By Sareesh Rawat

    The Differing Site Conditions clause at Federal Acquisition Regulation (FAR) 52.236-2 is typically included in construction contracts to discourage contractors from inflating their proposed prices on account of unexpected physical…

  4. Florida Construction Legal Updates

    INACCURATE REPRESENTATIONS CAN LEAD TO DIFFERING SITE CONDITIONS CLAIM

    By David Adelstein

    In the prior posting, I discussed a case dealing with a differing site condition. In that case, the owner did not have an affirmative duty to make a representation and…

  5. Florida Construction Legal Updates

    TYPE I AND TYPE II DIFFERING SITE CONDITIONS CLAIMS

    By David Adelstein

    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…

  6. Heavy Construction Law Blog | Jonathan Straw

    Roads & Bridges | Court Defines When Contractors Can Withdraw Due to Mistakes

    By Jonathan Straw

    BIDDING BLUNDER Roads & Bridges | Court Defines When Contractors Can Withdraw Due to Mistakes For over 125 years, the vast majority of jurisdictions have refused to bind contractors to…

  7. Texas Construction Law Blog

    Timing Matters for Differing Site Conditions

    By Stephanie Snyder-Zuasnabar

    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…

  8. Florida Construction Legal Updates

    SPECIFICATION CHALLENGE; EXCUSABLE DELAY; TYPE I DIFFERING SITE CONDITION; SUPERIOR KNOWLEDGE

    By David Adelstein

    An Armed Services Board of Contract Appeals dispute, Appeal of L.S. Black-Loeffel Civil Constructors JV, ASBCA No. 62402, 2023 WL 5827241 (ASBCA 2023), involved which party bore liability for delay—the…

  9. Government Contracts Featured Insights

    Traditional Breach of Contract Claims in the Absence of a Differing Site Conditions Clause

    By Sareesh Rawat

    The primary method for managing risks associated with latent physical conditions encountered in construction projects is the differing site conditions clause in Federal Acquisition Regulation (FAR) 52.236–2. Since fully redressable…

  10. BuildSmart

    Court Rejects Differing Site Condition Claim for Lack of Timely Notice

    By John Mark Goodman

    A Minnesota federal court dismissed a tunnelling contractor's differing site condition claim because notice of the condition was given eight days after the conditions were first observed whereas the contract…