Differing Site Condition Attorneys
Overview
Differing site conditions are unknown, concealed and/or latent physical conditions that are discovered only after work has started on a jobsite. Handling these conditions and related claims can be a very technical process. The claim procedures in the contract documents must be followed strictly in order to maintain the right to additional time and cost. Every construction contract is unique, so it is critical to read and understand the contract terms which govern the differing site condition claim.
The differing site condition attorneys at Flores Ryan, LLP have expertise in every aspect of differing site conditions and remedies. We provide the legal expertise to ensure that each differing site condition dispute is handled efficiently and effectively. Our extensive experience as differing site condition attorneys allows us to advance disputes strategically to maximize the likelihood of a rapid and substantial recovery.
ARTICLES
Notice Of Nonresponsibility: Is It Enforceable?
This article covers the basics of California Notice's of Nonresponsibility
CSLB Arbitration: Will It Work For Me?
Contractors can learn the specifics of what CSLB mandatory & voluntary arbitration is and the criteria required in order to participate in such arbitrations.
Establishing Breach Of Contract: You’ve Got To Prove It!
This article contains suggestions and strategies for establishing breach of contract.
Don’t Go Changin’…Unless You’ve Followed Your Change Order Procedure
This article provides a basic overview of change orders, from what a change order is to the consequences of failing to follow change order procedure.
KEY POINTS
- Unless specifically required by a statute or express contractual provision, the contractor is entitled to assume that the owner has adequately investigated the jobsite and appropriately prepared the contract documents.
- “Type 1” differing site conditions are defined as subsurface or related physical conditions at the jobsite that differ materially from those indicated in the contract documents.
- “Type 2” differing site conditions are defined as unknown physical conditions of an unusual nature at the jobsite, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract documents.
- The contractor’s failure to promptly give notice of a differing site condition, and specifically before it is disturbed, will likely constitute a waiver of all the contractor’s claims in connection therewith, including additional project time and cost.
- A contractor may be responsible for the differing site condition if the contract documents allow for a pre-bid site inspection which the contractor fails to perform.
FORMS
Below you can generate the following forms applicable to public works disputes: