The differing site condition (or changed condition) claim is a claim for money, time, or both—where contractors encounter either unknown or unexpected site conditions during construction. Federal construction contracts almost always include clauses which expressly allow such claims. Some state (including county, municipal, or quasi-public entities) and private owners, however, fail to include a differing site condition clause in their construction contracts. Others include unique, one-off clauses that confuse what must exist in order for a contractor to recover under the clause. The failure to include a differing site condition clause, or the use of an obscure clause, undoubtedly confuses the key question of who owns the risk of materially different site conditions. However, neither situation necessarily forecloses on the possibility that a contractor may recover under certain circumstances. Accordingly, this presentation with expert Zach Jones addresses how contractors can avoid including large contingencies in their bids by understanding exactly what risk they are taking on when they enter into construction contracts with owners other than the Federal Government.
In this program, you will learn:
Benefits of the session:
Who should attend
Zach Jones is a construction attorney in Louisville, Kentucky, with the firm of Stites & Harbison who represents contractors across the country and around the world. Prior to becoming an attorney, Zach was a project engineer and estimator for W.L. Hailey & Company (now Layne, ENR Top 400 #53). Havin... More info