Topic
Differing Site Conditions
44 published works
Federal Construction Contracting Blog
The Differing Site Conditions Clause Is Alive and Well
Thanks to a recent decision by the Court of Appeals for the Federal Circuit, in Metcalf vs. U.S., the protection afforded by the Differing Site Conditions clause has been reaffirmed.…
Supplemental Conditions
Exploding Pipeline (Construction) and Differing Site Conditions
We are witnessing an explosive growth of newly constructed pipelines to carry shale oil and natural gas. This is a tremendous opportunity for contractors looking for new markets to grow…
The Contractor's Perspective
Contractor expertise as a factor in differing site conditions claims
The government often blames construction contractors for shortcomings in its own design and unanticipated difficulties encountered at the site. “You’re supposed to be the expert!” “You should have known what…
Constructlaw®
Texas Court Holds Contract Allocation of Risk of Underground Conditions Overridden by Owner’s Affirmative Assurances in Specifications
By Constructlaw
Mastec North America, Inc. v. El Paso Field Services, L.P. 2010 Tex. App. LEXIS 3436 (Tex. App. May 6, 2010) The Court of Appeals of Texas recently held that when…
Constructlaw®
Kansas Court Strictly Construes Written Notification of Differing Site Conditions Clause
By Constructlaw
Razorback Contractors Inc. v. Board of County Commissioners 227 P.3d 29 2010 Kan. App. LEXIS 35 (Kan. Ct. App. April 2, 2010) The Court of Appeals of Kansas recently upheld…
Green Building Law Update
What Constitutes a Differing Site Condition?
[I have said many times that the legal principles that will apply to green building projects will be very similar to existing legal principles in the construction law field. On…
Constructlaw®
Colorado Court of Appeals Holds Differing Site Condition, Mutual Mistake and Negligent Misrepresentation Claims Viable
By Constructlaw
URS Group, Inc. v. Tetra Tech FW, Inc. and Foster Wheeler Environmental Corporation 2008 Colo. App. LEXIS 159 (February 7, 2008) The Court of Appeal of Colorado held that the…
Federal Construction Contracting Blog
Federal Appeals Court Upholds Ruling that Contractor was Entitled to Damages Resulting from Defective Specifications and Differing Site Conditions
In a case captioned as Ace Constructors, Inc. v. United States concerning a contract with the Corps of Engineers for the construction of a structure at Biggs Army Airfield, the…
Constructlaw®
Federal Circuit Court Of Appeals Upholds Claim For Differing Site Conditions
By Constructlaw
ACE Constructors, Inc. v. U.S. 2007 U.S. App. Lexis 22309 (Fed. Cir. September 19, 2007) The US Court of Appeals for the Federal Circuit upheld a contractor’s claim for additional…
Federal Construction Contracting Blog
Court of Federal Claims Rules That A Differing Site Conditions Claim Must Be Precise
A recent decision by the Court of Federal Claims, AAB Joint Venture v. United States, (January 26, 2007), illustrates some of the subtleties of the Contract Disputes Act of 1978. …