Shopping Cart (0) items Sign In

Construction Claims Monthly - Devoted exclusively to the problems of construction contracting since 1963

‹ Prev article: 

Faulty Design, Not Unexpected Weak Bedrock, Sunk A Pier

Monday, November 01, 2010 04:40 am


Differing Site Conditions

Appeal of: Nova Group, Inc., 2010 ASBCA No. 55408 Lexis 65 (Aug. 13, 2010)

Proving that site conditions differed materially from those indicated in the contract is only the first step to damage recovery. If you can't also show causation, you're out of luck.

Nova Group, Inc. (Nova) incurred significant additional cost and time delay while working on a U.S. Navy project to design and build an open-ocean pier on San Nicolas Island, California. As a result of differing site conditions, the Navy awarded Nova an additional $2 million (on top of the original $11.5 million contract price) and extended the contract date by 132 days. Nova then sought another $6 million and additional delay as a result of Type I differing site conditions consisting of fractured bedrock, faults and severe slaking (deteriorating sedimentary rock). However, Nova was unable to show that the alleged conditions caused all of its costly and time-consuming construction troubles.

Those tr [...]

› Next article: 
Sign up now for Construction Claims Monthly Online! Your own virtual help desk of must-have techniques, tutorials, and how-to articles.
Join Now Construction Claims Monthly! Close

Dear Valued Customers,

We regret to announce that ProEdTech LLC and all its affiliate brands will cease operations on April 1, 2019.

We are no longer able to fulfill online orders. We will fullfill all DVD and book orders already placed.

Customers of canceled webinars and subscription products may request a refund at (800) 223-8720 or You must do so by April 1, 2019.

Thank you for your business and loyalty over the years. We sincerely apologize for any inconvenience caused.

Best regards,
The ProEdTech Team