Brendan Carter | The Dispute Resolver | November 21, 2018 The U.S. Court of Federal Claims shows contractors once again the dangers that can exist when pricing a performance specification and the importance of giving owner’s proper notice for change orders in CKYInc. v. Unites States of America. In 2012, the Government awarded CKY, Inc. a… Continue reading Contractor Submits $4.5M Claim for Differing Site Conditions, Fed Court Rejects and then Imposes Liquidated Damages for $400K
Tag: Differing Site Conditions
Type 1 Differing Site Conditions Claim is not Easy to Prove
David Adelstein | Florida Construction Legal Updates | May 19, 2018 A differing site condition claim will almost universally result in both a cost and time impact. There will be additional, unanticipated costs incurred. And there will likely be a delay requiring additional time to perform. A Type I differing site condition claim is when the contractor encounters… Continue reading Type 1 Differing Site Conditions Claim is not Easy to Prove
When is an Unforeseen Condition a “Differing Site Condition”?
Vernon Howerton | Texas Construction Law Blog | August 16, 2017 I was reviewing various articles I have written over the years and came across a prior version of this one about differing site conditions, written nearly twenty years ago. I was curious – does this cup still hold water? It does. Many construction contracts… Continue reading When is an Unforeseen Condition a “Differing Site Condition”?
Differing Site Conditions
Douglas J. Cefali | Gordon & Rees LLP | November 4, 2016 Some of the greatest risks construction projects encounter occurs during their underground phases. This is due to the difficulty in accurately determining what lies below the ground’s surface. For building contractors this work typically includes foundation excavations, shoring, drilled pier foundations, tiebacks, and… Continue reading Differing Site Conditions
Differing Site Conditions Claim Fails in Washington State
Meredith C. Eilers | Bernstein Shur Sawyer & Nelson PA | December 29, 2015 A recent decision from an appeals court in Washington State is a reminder of the difficulties in proving a differing site conditions claim, and the importance of contract documents in asserting that claim. In King County v. Vinci Construction Grands Projets, — P.3d… Continue reading Differing Site Conditions Claim Fails in Washington State