Construction Law: Making a Differing Site Conditions Claim

Making a Differing Site Conditions Claim

How to "Resource Up" the Claim ASAP

By Mark Rice (pictured)

Anytime a piling contractor bids a job, steps foot on the site, and starts driving a pile, there is a real risk that the indications of subsurface conditions in geotechnical report and soils borings, don't match up to what's encountered. The blow counts go way up, or the pile sinks like in quicksand, where the presumed bedrock has disappeared. The differing site conditions clause is mandatory of federally funded projects, and in most state public contract codes. This should be easy right? Yet, there is often no fight harder fought when a differing site conditions (DSC) claim is made. Why is that?

            Well, one may start by saying, "human nature." We like things going "according to plan." there is much inertia to changing design. There is resistance to acknowledging a claim condition before knowing its cost. It just seems the practical intent of differing site conditions clauses have got lost in the adversarial nature of today's contracting, for good or worse that resemble the old saying in Alaska, "if it happens to you, it's your fault."

Practicalities of Ramping up Resources when facing a Differing Site Condition

            I am going to cover this topic practically how to craft both a DSC claim notice and detailed claim, and how to "resource up" the project team when faced with a DSC claim condition. Two things are for sure: CONTINUE READING IN PILEDRIVER ISSUE #2

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