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

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Construction Claims Monthly Special Report

The Differing Site Conditions Clause: Its Range And Restrictions (PDCCLSFTSR)

The Differing Site Conditions Clause
Table of Content
Author: Gilbert Kimberly
Length: 60 Pages

Who bears the risk of site conditions surprises? That depends. A differing site conditions clause is not an iron-clad protection for contractors. To deflect liability, owners frequently include disclaimers that the site data provided are not warranted for accuracy and should not be relied upon during project performance. As a result, site condition claims often end up in litigation, leaving courts to decide which contract provision rules.

Courts have ruled both ways on the enforceability of site data disclaimers. But you don't have to be left guessing as to your own chances. Get insider analysis of precedent in the Construction Claims Monthly special report, The Differing Site Conditions Clause: Its Range And Restrictions

Here's a sample of the expert insight you'll find in this special report:

  • Site Inspection Clause Did Not Shift Subsurface Risk
  • No Differing Site Condition When Material Was 'Unclassified'
  • 'Informational Only' Subsurface Data Disclaimer Enforced
  • Site Profile Was A Proper Representation Of Subsurface Conditions
  • Owner Liable For Unrecorded Utility Lines
  • Risk Of Rock Was Part Of The Deal Where Contract Was Silent
  • And lot more!

Our special report The Differing Site Conditions Clause: Its Range And Restrictions reveals the limits of the differing site conditions clause, the methods by which project owners attempt to shift risk to contractors, and the litigation arguments that can make or break recovery on a differing conditions claim. This report delivers the insight you need to avoid shouldering unnecessary risk. Order today!


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