Differing Site Conditions – Who Owns The Risk?

Live Webinar

  • 60 minutes

The Differing Site Conditions clause is one of the oldest clauses used in construction contracts, having been created by the U.S. Federal government in 1926. It is generally accepted that the object of the clause is to transfer the risk of latent site conditions to the owner, thus enticing contractors to reduce their contingency cost at the time of bid. The promise of the clause is that if the contractor encounters a “materially different” condition during the execution of the work, the owner will compensate the contractor for the resulting cost and/or time.

In this webinar attendees will gain a better, up to date understanding of the intent and operation of the typical Differing Site Conditions clause used in most contracts. With this understanding you will more fully understand your risk concerning differing site conditions. Join this session by expert speaker James G. Zack, where he will provides a list of practical recommendations for both owners and contractors dealing with the risks of differing site conditions.

Session Highlights:

Webinar attendees will

  • Learn about the intent of the Differing Site Conditions clause and how it operates.

  • Learn what conditions are and are not covered by the Differing Site Conditions clause.

  • Understand what must be demonstrated to prevail on a differing site condition claim and what contractual requirements must be complied with in full.

  • Become familiar with several Court and Board of Contract Appeal decisions that are changing the “traditional” allocation of risk under the Differing Site Conditions clause.

Why You Should Attend:

  • This webinar discusses the definition of a differing site condition and why there is a need for a Differing Site Conditions clause in a construction contract.

  • The webinar sets forth the history and purpose of the clause and examines the modern Differing Site Conditions clauses.

  • Discussion of the terms “indications” and “material difference” as well as an overview of the impact of contract disclaimers related to differing site conditions are covered.

  • The webinar explores what conditions are generally not covered by the clause and conditions that are sometimes included within the scope of the clause.

  • This webinar goes on to list the six-part test for a successful differing site condition

Who Should Attend:

  • Owners and owner representatives managing capital improvement projects

  • Contractor executives, project managers, project sponsors, and project controls personnel

  • Construction managers and design professionals performing services during construction

  • Attorneys dealing with site condition claims

*You may ask your Question directly to our expert during the Q&A session.

** You can buy On-Demand and view it as per your convenience.

James Zack

James Zack

James is the Senior Advisor to the Navigant Construction Forum™. The Forum strives to be the construction industry’s resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Formerly, he was the Executive Director, Corporate Claims Management Group, Fluor Corporation, one of the world’s largest EPCM contractors.

James was previously Vice President of PinnacleOne and the Executive Director of the PinnacleOne Institute and a Senior Construction Claims Consultant for CH2M HILL, Inc. Jim has, for more than 45 years, worked on both private and public projects throughout the United States and in 28 countries abroad. James is a Fellow of AACE, the Royal Institution of Chartered Surveyors, and the International Guild of Project Controls. In the construction claims field, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes. James is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC) and a Project Management Professional (PMP).

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