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

Managing Subsurface Risk: The Differing Site Condition Clause & Geotechnical Disclaimers (CCL820A)

  • Product Format
    Pre Recorded Webinar
  • Presenter(s)
    Zach Jones
  • Conference Date
    Thu, July 14, 2016
  • Length
    60 minutes

Register now, for this 60-minute session where our expert speaker, Zachary D. Jones, will discuss in detail the common versions of the differing site condition clause.

Encountering site conditions that differ from either what was indicated in the bid documents or what the contractor reasonably expected to find is a significant risk on any project involving excavation or subsurface construction. That's why most construction contracts temper a contractor's risk of differing site conditions. Even with a differing site conditions clause in the contract, however, bad ground conditions often lead to complex, lengthy disputes between project owners and contractors.

Learn why disputes over time and money arise even with a differing site conditions clause in place. And find out how to draft contracts that will not only mitigate site condition risks—but also reduce the risk of costly disputes.

What you will learn:

This presentation will explore claims where a contractor encountered differing site conditions, the contract the work was performed under contained a differing site condition clause, and yet a dispute remained as to whether the contractor was entitled to additional time or compensation. This program will address:

  • The history of contractual allocation of differing site conditions
  • Common versions of the differing site conditions clause
  • Competing clauses, such as disclaimers regarding owner-provided site data
  • Factors that determine whether the contractor is entitled to extra time and money
  • And a lot more!!!

This presentation is appropriate for contractors, subcontractors, public and private owners, design professionals, and the attorneys who represent these professionals.


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About the Presenter(s)


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 eng...More Info

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