The Case for a Differing Site Condition Clause: Why both Owners and Contractors Benefit From the Differing Site Condition Clause
Product Format Pre Recorded Audio Conference
Conference Date Tuesday, August 19, 2014
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Gain Valuable Insight into the Differing Site Condition Clause
The Differing Site Condition (or changed condition) clause allocates the risk of either unknown or unexpected site conditions in construction contracts. In many contracts, the contractor may have a claim for additional time, money, or both if the actual conditions encountered differ materially from what was either indicated in the contract documents or would not reasonably be expected in the area. Sometimes, however, owners and/or contractors fail to include a differing site condition clause in the construction contract. When the project involves subsurface construction, this failure can lead to negative consequences. The ability to rely on differing site condition clause allows contractors to more aggressively price their work. Consequently, owners benefit from a lower initial price. If the site conditions end up differing materially from what the preconstruction geotechnical information indicates, owners who include a differing site condition clause pay for work actually needed to complete the project. In other words, they get the benefit of their bargain; and if the site conditions do not differ, the owner benefits from the lower price. Absent a differing site condition clause; however, the owner pays for the contractors’ best guess as to what any remedial site work will cost. This session by
Zach Jones addresses in detail why both owners and contractors benefit from including a differing site condition clause.
In this session, you will learn:
What typical differing site condition clauses look like; The elements that must be proven to establish entitlement under a differing site condition clause; How the risk of differing site conditions is allocated when the contract does not include the clause; The circumstances that could entitle a contractor to recoup additional time and money even when the contract does not include a differing site condition clause; How contractors benefit when a differing site condition clause is included in the contract; How owners benefit when a differing site condition clause is included in the contract; You will gain valuable insight into the differing site condition clause; You will learn the key talking points useful when negotiating to include a differing site condition clause; You will learn possible approaches to set-up your entitlement to a differing site condition claim even when the contract fails to include a differing site condition clause Get answers to your queries in a Q&A segment by the speaker after the session. Who should attend General and subcontractor principles and executives Project executives, managers, and engineers Estimators and business development professionals Contract administrators/managers Construction managers and owner representatives Engineers and architects Project engineers Consultants who work with contractors and subcontractors
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