Differing Site Conditions

16 Jan, 2023

How to Protect Yourself When the Job Site Isn’t What You Expected.

2023-01-14T07:59:25-06:00January 16th, 2023|Construction Contractor Advisor, Construction Contracts, Differing Site Conditions, Nebraska Construction Law|

It happens far too often – you show up at a job site that ends up much different than what you anticipated.  What is your best course of action?  First, look at your contract.  Do you have a differing site conditions or changed conditions clause?  Absent such a clause, you may be required to assume any additional difficulty, burden, or expense.  However, even in the absence of such a clause, [...]

16 Jan, 2023

How to Protect Yourself When the Job Site Isn’t What You Expected

2023-01-16T01:00:38-06:00January 16th, 2023|Construction Contractor Advisor, Construction Contracts, Differing Site Conditions, Nebraska Construction Law|

It happens far too often – you show up at a job site that ends up much different than what you anticipated.  What is your best course of action?  First, look at your contract.  Do you have a differing site conditions or changed conditions clause?  Absent such a clause, you may be required to assume any additional difficulty, burden, or expense.  However, even in the absence of such a clause, [...]

7 Aug, 2014

What’s Your Theory of Recovery?

2018-04-23T23:55:13-05:00August 7th, 2014|Construction Contractor Advisor, Construction Litigation|

Clients often times present problems with a project and explain the need to be compensated for the problems experienced.  But, having a consistent theory for recovery and evidence that supports that theory is always paramount to recovery. I was reminded of this perhaps obvious corollary when reviewing an Armed Services Board of Contract Appeals decision.  The appeal involved a $35 million request for additional compensation based on differing site conditions, [...]

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