Jon Hollis | Sands Anderson When a contractor breaks ground on a construction project, unexpected conditions beneath the surface can be an expensive surprise. Unanticipated water, rock, or differing soil types can throw budgets and timelines into disarray. Differing Site Condition (DSC) provisions in construction contracts generally place the risk of these unforeseen conditions on… Continue reading Shifting the Risk of Shifting Sands: A Brief Introduction to Differing Site Condition Provisions
Tag: Differing Site Condition
Specification Challenge; Excusable Delay; Type 1 Differing Site Condition; Superior Knowledge
David Adelstein | Florida Construction Legal Updates An Armed Services Board of Contract Appeals dispute, Appeal of L.S. Black-Loeffel Civil Constructors JV, ASBCA No. 62402, 2023 WL 5827241 (ASBCA 2023), involved which party bore liability for delay—the federal government or the prime contractor–based on various legal theories. Without detailing the factual details, a number of interesting… Continue reading Specification Challenge; Excusable Delay; Type 1 Differing Site Condition; Superior Knowledge
Federal Circuit Affirms Absence of Differing Site Condition But Remands for Delay Claim
Katherine E. Kohm | The Dispute Resolver | March 23, 2018 The case Meridian Eng’g Co. v. United States, No. 2017-1584, 2018 WL 1386147, at *10 (Fed. Cir. Mar. 20, 2018) concerned a dispute between the federal government and a contractor related to the construction of flood control structures and the relocation of a sewer line in Chula Vista near San Diego, California. After… Continue reading Federal Circuit Affirms Absence of Differing Site Condition But Remands for Delay Claim