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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 characterizing its claim as one for breach of contract due to defective specifications. In Comptrol Inc v. [...]
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Failure to Attend Pre-Bid Site Visit Proves Fatal to Contractor’s Differing Site Conditions Claim
Changed Conditions (Differing Site Conditions),Differing,Federal,Pre-bid Meetings
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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. The contractor, who had not attended the government’s pre-bid site visit, claimed a [...]
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Risk of Differing Site Condition Not Shifted to Contractor
Changed Conditions (Differing Site Conditions),Differing Site Conditions,Site Investigation Responsibility
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Contract provisions requiring contractors to perform site investigation and inspection prior to bidding did not impose the risk of subsurface conditions on the contractor, and therefore, did not preclude a claim for equitable adjustment. When the contractor began work it discovered a deep scour hole in the river bottom that prevented it from building cofferdams [...]
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