Topic
Differing Site Conditions
44 published works
The Contractor's Perspective
The Difference between Differing Site Conditions and Superior Knowledge
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…
Government Construction Law Update
Contractor’s $10.5 Million Differing Site Condition Claim Torpedoed
By Joseph Darr
As I have stated before, differing site condition claims remain fairly common. They can also one of the most difficult claims for a contractor to prove at trial. There are…
Florida Construction Legal Updates
FOUR ELEMENTS TO PROVE TYPE 1 DIFFERING SITE CONDITIONS CLAIM
There are two types of differing site conditions claims. A Type 1 claim and a Type 2 claim. The Federal Acquisition Regulations (FAR) describes these claims, which are often described…
Government Construction Law Update
Four Things to Know About Differing Site Condition Claims
By Joseph Darr
Contractor claims for differing site conditions remain fairly common. There are two types of DSC claims. Under a Type I claim, a contractor can obtain additional time and compensation where…
Government Construction Law Update
Federal Court Rejects Subcontractor’s $2.4 Million Differing Site Condition Claim
By Joseph Darr
There are two types of differing site condition claims--Type I and Type II claims. Generally, a contractor may make a Type I differing site condition claim where the contractor encounters…
BuildSmart
Don’t Be Unreasonable: Equitable Adjustment Conditioned on Government Contractor’s Proof of Reasonable Interpretation of Contract
By Douglas L. Patin, Aron C. Beezley, Amandeep S. Kahlon
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…
Constructlaw®
Federal Court Holds the Reasonableness of the Government’s Interpretation of Geotechnical Data is Irrelevant to Differing Site Condition Claim
United States Army Corps of Engineers v. John C. Grimberg Co., Inc., No. 2019-1608, 2020 BL 215269 (Fed. Cir. June 9, 2020) The Court of Appeals for the Federal Circuit…
Ahead of Schedule
Differing Site Conditions An Issue in the Seattle SR 99 Tunnel Litigation
By Karl Oles
In late 2019, the Washington State Department of Transportation and Seattle Tunnel Partners (STP) engaged in a nine-week trial of claims arising from construction of the new State Route 99…
Best Practices Construction Law
Design-Build Contractor Held to the Same Standard On Differing Site Conditions Clause
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…
Supplemental Conditions
Differing Site Conditions Webinar
https://www.youtube.com/watch?v=be-yoaeoPDY