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Differing Site Conditions

44 published works

  1. Federal Construction Contracting Blog

    The Differing Site Conditions Clause Is Alive and Well

    By Michael H. Payne

    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.…

  2. Supplemental Conditions

    Exploding Pipeline (Construction) and Differing Site Conditions

    By Wally Zimolong

    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…

  3. The Contractor's Perspective

    Contractor expertise as a factor in differing site conditions claims

    By Brian Waagner

    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…

  4. 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…

  5. 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…

  6. Green Building Law Update

    What Constitutes a Differing Site Condition?

    By Chris Cheatham

    [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…

  7. 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…

  8. Federal Construction Contracting Blog

    Federal Appeals Court Upholds Ruling that Contractor was Entitled to Damages Resulting from Defective Specifications and Differing Site Conditions

    By Michael H. Payne

    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…

  9. 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…

  10. Federal Construction Contracting Blog

    Court of Federal Claims Rules That A Differing Site Conditions Claim Must Be Precise

    By Timothy Sullivan

    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. …