Differing Site Conditions

$149.00

SKU: 411862

Description

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.

Date: 2025-02-26 Start Time: 1:00 PM ET End Time: 2:05 PM ET

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.

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

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,ENG ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Scott D. Cahalan-Smith, Gambrell & Russell, LLP

Differing Site Conditions

$199.00

SKU: 408568

Description

Be sure to address differing site conditions in a construction contract and avoid higher prices and failed construction projects.
Almost every construction and renovation project carries with it the risk of differing site conditions. Differing site conditions are one of the true unknowns. The discovery of differing site conditions can lead to costly overruns, delays, claims, and litigation or arbitration. Failing to address differing site conditions in a construction contract can lead to higher prices, increased estimating costs, insolvency, and failed construction projects. This topic will provide owners, developers, contractors, subcontractors, architects, engineers, 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 affected by unknown physical conditions.

Date: 2021-06-24 Start Time: 1:00 PM ET End Time: 2:30 PM ET

Learning Objectives

* You will be able to recognize contract limitations to recovery for differing site conditions.

* You will be able to identify different types of differing site conditions.

* You will be able to explain the legal issues relating to differing site conditions.

* You will be able to define what constitutes a differing site condition.

Overview
• What Is a Differing Site Condition?
• Historic Treatment of Differing Site Conditions
• Sanctity of Contract

Contract Provisions
• Type I Differing Site Condition Clause
• Type II Differing Site Condition Clause
• Other Types of Differing Site Conditions
• Hazardous Materials
• Archeological Artifacts
• Implied Contract Obligations
• Good Faith and Fair Dealing
• Information
• Implied Warranty of Adequacy of Design
• Inquiry

Limitations on Contract Provisions
• Inspection
• Notice
• Avoidance Clauses

Common Law Claims for Differing Site Conditions
• Concealment
• Misrepresentation

Equitable Defenses
• Mutual Mistake
• Impossibility
• Commercial Impracticability

AIA ,CLE (Please check the Detailed Credit Information page for states that have already been approved) ,ENG ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Scott D. Cahalan-Smith, Gambrell & Russell, LLP