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Contractor Who Cried 'Differing Site Conditions' May Eat Extra Dirt It Had To Supply

Wednesday, July 07, 2010 04:36 am


Extra Work, Differing Site Conditions


North Wind, Inc. v. Department Of Agriculture , 2010 CIVBCA Lexis 91 (April 21, 2010)


A contractor may have to swallow the $100,000 it spent on additional fill for a campground because it waited too long to notify the government of a quantity overrun that was required to finish the project.


The U.S. Forest Service hired North Wind, Inc. (North Wind) to build a campground and a day-use area in Utah's Uinta National Forest for $1.8 million. As part of the work, North Wind had to use fill material to build sub-grade for roads, parking lots, trails and camp pads. The contractor was able to get some of this fill material from excavations within the project, but the remainder had to come from outside the site. According to the contract, North Wind could bring in 1,110 cubic yards of this outside fill, or "sel [...]

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