by Kent Holland | Jan 31, 2014 | differing site conditions, Newsletter Article
On a contract for a renovation and asbestos removal in a state office building, the contractor claimed there was a differing site condition making asbestos removal more difficult than anticipated. The Supreme Court of Alaska held that the contractor could have...
by Kent Holland | Mar 29, 2013 | differing site conditions, Newsletter Article
Where a contract contained both a differing site condition clause as well as language stating that bidders may not rely upon data (such as soil information) provided by the owner with the invitation for bid (IFB) but should perform its own site investigation instead,...
by Kent Holland | Feb 9, 2011 | differing site conditions, Newsletter Article
Unforeseen site conditions typically spawn two types of claims based on two distinct but related theories: differing site conditions (DSC) and defective specifications. A contractor may attempt to circumvent the limitations on recovery under a DSC provision by...
by Kent Holland | Feb 8, 2011 | differing site conditions, Newsletter Article
A government repair and alteration contract required installing new shower units to existing supply piping. Upon demolishing the shower wall, the contractor discovered that due to the location of the existing supply lines it would have to remove and replace the pipes....
by Kent Holland | Feb 8, 2011 | differing site conditions, Newsletter Article
When an engineer designed a road that failed because the impermeability of the underlying soil caused water to accumulate between the soil and the asphalt, resulting in the road floating and the asphalt cracking, the project owner sued for negligence and breach of...
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