Changing Trend in Risk Allocation – Differing Site Conditions

Navigant authors Cost Engineering article


Navigant Construction Forum™ authors explore a series of court and Board of Contract Appeals decisions concerning coverage of the differing site conditions clause. While preparing an earlier paper entitled, Trends in Construction Claims and Disputes, the authors noted that there have been a series of decisions issued by courts and Boards of Contract Appeals over time which seem to be increasing contractor risk under the differing site conditions clause.

This article explores such decisions and highlights the risks for contractors concerning differing site condition claims. The article also draws conclusions and sets forth some practical recommendations for both owners and contractors in dealing with the risks of differing site conditions. This article was first presented at the 2015 AACE Annual Meeting in Las Vegas.

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