This Project Is Behind Schedule – What Is a Contractor to Do?

Michelle Litteken | PilieroMazza | August 6, 2019 Construction projects rarely, if ever, go precisely as planned. One of the most common issues government contractors face is falling behind schedule. A schedule is developed, and then the contractor is confronted with differing site conditions, changes, or a litany of other causes of delay. The contract… Continue reading This Project Is Behind Schedule – What Is a Contractor to Do?

The Court of Federal Claims Provides Guidance on Differing Site Conditions and Superior Knowledge Claims

Traeger Machetanz | Davis Wright Tremaine LLP | April 22, 2019 A recent case from the Court of Federal Claims provides us instruction on differing site conditions and superior knowledge claims. The case arose out of a maintenance dredging contract issued by the United States Army Corps of Engineers (“USACE”). In North American Landscaping, Construction and… Continue reading The Court of Federal Claims Provides Guidance on Differing Site Conditions and Superior Knowledge Claims

Approaches in the Absence of a Differing Site Conditions Clause

Parker A. Lewton | Smith Currie | April 2, 2019 A contractor who has encountered unforeseen conditions will typically rely on the contract’s differing site conditions clause as a means to recovery. Most construction contracts address those issues directly. In ConsensusDocs Standard Agreement and General Conditions between Owner and Constructor, the starting point is §… Continue reading Approaches in the Absence of a Differing Site Conditions Clause

Differing Site Conditions Produce Differing Challenges

Sarah E. Carson | Smith Currie | January 8, 2019 The saying “The best laid plans of mice and men often go awry” can too often apply in the construction industry. A contractor may receive a description of site conditions that is ultimately found flawed or misleading. The costs associated with addressing these surprise conditions… Continue reading Differing Site Conditions Produce Differing Challenges

Back to Basics – Differing Site Conditions

Tracey W. Pruiett | Smith Currie & Hancock | December 4, 2018 Encountering an unexpected site condition is one of the more common risks on a construction project. A “differing site condition”, or it is sometimes called a “changed condition”, is generally understood to be a physical condition that is discovered while performing work and… Continue reading Back to Basics – Differing Site Conditions

%d bloggers like this: