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(CDR-1868) Changing Trend in Risk Allocation - Differing Site Conditions

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Primary Author: Mr James G Zack Jr CFCC
Co-Author(s): Mr Steven A. Collins

Audience Focus: Advanced
Application Type: Application
Venue: 2015 AACE International Annual Meeting, Las Vegas, NV, USA

Abstract: This paper perspective has been prepared by the Navigant Construction Forum™ authors in order to 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 paper explores such decisions and highlights the risks for contractors concerning differing site condition claims. The paper also draws conclusions and sets forth some practical recommendations for both owners and contractors in dealing with the risks of differing site conditions.