Differing Site Conditions:
The Big Game of Shifting Risk
Tuesday, October 17, 2017
1:00 PM EDT • 90 Minutes
Marilyn Klinger & Eileen McKillop
Learn best practices for proceeding work under differing site conditions to avoid claims and costly disputes.
Differing site conditions are frequent sources of disputes between owners and contractors. Many contractors proceed with work under changed conditions with the misconception that conditions at the site, which they neither expected nor included in their bids, automatically constitute extras and should be addressed as such. Unfortunately, this assumption can lead to costly disputes between the parties of a construction project.
This presentation will discuss the various scenarios involving differing site condition claims and how the construction industry deals with those claims, both via contract and in the courts. Learn about most relevant court cases that dealt with differing site conditions as well as damages and delay due to differing site conditions and outcomes of these cases. Understand not only the reasoning behind court decisions, but also implications they had on all future contracts and obligations. Review examples of contract clauses and provisions that address all parties involved including architects, contractors and owners. Understand what impact or protection if any, these clauses and provisions have on your projects.
You will be more prepared to identify those situations where differing site condition claims might arise and understand what the parties’ various rights and remedies might be.
Quite good - what I had expected - examples are always great to make the point.
David K Berry, PE
Professional Engineers, Inc.
It was very good.
It was informative and it will help our company know when it should request DSC claims. Also that we need to make sure that our practices are reasonable.
This program will help you:
- Understand the kinds of differing site condition claims that are encountered, such as rock or soil conditions, interfering utilities, or severe weather conditions
- Distinguish the two types of differing site conditions
- Take advantage of contractual provisions for dealing with differing site conditions
- Understand certain seminal judicial decisions and how they can affect you
- Learn the elements needed to prove a differing site condition
- And much, much more!
Attend this informative session to learn differing site condition claims and how the construction industry deals with them, to steer your project to success!
Who Will Benefit?
This webinar is a must if you’re a public or private owner, construction manager, contractor, subcontractor, consultant, architect, engineer or attorney.
This event features key insights from our knowledgeable construction experts:
Marilyn is located in the Los Angeles office of Sedgwick, and is involved in all aspects of construction law on a state and national level. She represents the full spectrum of the construction industry, from owners, contractors, subcontractors, and sureties. Her practice includes time-related claims and litigation (e.g., delay/impact), legal advice and counsel regarding the contracting process (e.g., bidding and contract disputes/performance bond claims), payment enforcement/defense (e.g. payment bonds/ mechanic’s liens/ stop payment notices), administrative and scope claims and litigation (e.g., differing site conditions, change and extra work orders/ inadequate plans and specifications, and subcontractor substitutions), and counseling and transactional services to the construction industry (e.g., general advice and counsel, including contract preparation, evaluation, and negotiation).
Eileen has the trial experience and knows how to aggressively represent her clients in court or arbitration. She is consistently focused on providing the highest value to her clients and obtaining the best results. Eileen is a zealous advocate, but she can also give you a realistic assessment of your case. Eileen is an established litigator with broad experience in managing complex cases, including construction, environmental, products liability, personal injury, insurance coverage and defense and general civil litigation. She has litigated hundreds of complex civil litigation cases, however, she is also a specialist in helping clients to avoid and resolve disputes on complex cases.
Get Your Questions Answered! A 10-15 minute period has been reserved at the end of the presentation for an interactive question-answer session so you can discuss specific issues or gain additional knowledge about topics discussed.
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