Learn how to navigate differing site conditions in construction contracts, manage risks, and defend or recover against related claims.
Almost every construction and renovation project has a risk that the physical conditions encountered during the performance of the work may be materially different than the conditions foreseen or anticipated by the parties when the contract is signed.
Differing site conditions are unknown. The discovery of a differing site condition can lead to time and cost overrun. Failing to adequately address the risk of differing site conditions can result in higher prices, claims, disputes, insolvency, and failed construction projects.
This topic will provide owners, contractors, subcontractors, design professionals, public agencies, contracting officers, administrators, attorneys, and others who have an interest in construction contracting and claims with the knowledge necessary to navigate the risk of differing site conditions through their contracts and during the construction process. This material will also help such persons to identify different ways in which they can recover or defend against claims for differing site conditions. This information is critical to those who contract for, manage, supervise, or administer construction services that may be adversely affected by unknown physical conditions at a construction site.
Learning Objectives
- You will be able to identify different types of differing site conditions.
- You will be able to negotiate contract clauses dealing with differing site conditions.
- You will be able to recognize contract limitations to recovery for differing site conditions.
- You will be able to develop an effective strategy for asserting or defending against claims for differing site conditions.
Agenda
Overview
- What Is a Differing Site Condition?
- Historic Treatment of Differing Site Conditions
Contract Provisions
- Type I Differing Site Condition Clause
- Type II Differing Site Condition Clause
Limitations on Contract Provisions
- Inspection
- Notice
- Avoidance Clauses
Common Law Claims for Differing Site Conditions
- Concealment
- Misrepresentation
Conclusion
- Question and Answers
Speakers
Scott D. Cahalan,
Smith, Gambrell & Russell, LLP- Partner in the construction law section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm
- Adjunct professor of design and construction law at Georgia Institute of Technology
- General counsel to the Georgia Utility Contractor’s Association
- Practice includes all aspects of design and construction law from drafting and negotiating prime contracts, subcontracts, and purchase orders to mediating, arbitrating, and litigating construction disputes
- Drafted form construction contracts for the Associated Owners and Developers, a national organization
- Recognized by Chambers USA and Georgia Super Lawyers
- Frequent author and lecturer on construction law
- Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
- J.D. degree, with honors, University of Georgia; B.S. degree in construction engineering, Iowa State University
- Can be contacted at 404-815-3711, scahalan@sgrlaw.com, or scott.cahalan@gatech.edu
Who Should Attend
This live webinar is designed for engineers, project managers, presidents, vice presidents, architects, construction managers, contractors, subcontractors, developers, planners, surveyors, hydrologists, environmental professionals, and attorneys.
