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

Differing Site Condition Claims Under State And Private Construction Contracts (CCL940W)

  • Product Format
    Pre Recorded Audio Conference
  • Presenter(s)
    Zach Jones
  • Conference Date
    Wed, September 24, 2014
  • Length
    60 minutes

How To Recover Lost Time And Money Due To Differing Site Conditions

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:

  • Find out how differing site condition clauses look like by examining several examples employed by state and private owners
  • Know the elements that must be proven to establish entitlement under these differing site condition clauses
  • Know the limitations of one-off or unique differing site condition clauses
  • How contractors may be entitled to an adjustment in the contract price and schedule when the contract does not include a differing site condition clause
  • Find several examples of how state and private owners have been found to owe contractors additional time and/or money due to the contractor encountering materially different site conditions

Benefits of the session:

  • Gain valuable insight into various differing site condition clauses employed by states and private owners
  • Learn how best to present a differing site condition claim under a state or private construction contract
  • Understand how to best position your firm to recoup lost time and money due to differing site conditions when the construction contract fails to include a differing site condition clause

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
  • Consultants who work with contractors and subcontractors

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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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