Differing Site Conditions and Lost Productivity Entitle Contractor to Additional Compensation
Change Orders,Damages,Differing Site Conditions,Lost Productivity,Reliance,site information reliance
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A construction contractor was entitled to change orders where it encountered differing site conditions that required the use of form footings instead of trench footings as has been planned. The plans and specifications incorporated into the contract contained affirmative indications that the subsurface conditions would be consistent with the use of trench footings. The owner [...]
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Differing Site Conditions: Can You Recover Increased Costs?
Differing Site Conditions,Site Conditions,site information reliance
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In some parts of the country, subsurface conditions create great financial risks for contractors. The “Differing Site Conditions” clause is one of the tools owners use to remove some of the risk and, therefore, maintain competition in the bidding process. Generally, a Differing Site Conditions clause lessens a contractor’s risk of incurring additional costs for [...]
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Contractor Entitled to Recover Additional Compensation Due to Project Owner’s Failure to Disclose Material Information During Bidding Process – even Where Nondisclosure was not Done with Affirmative Intent to Conceal the Information
ConstructionRisk.com Report Vol. #12, Issue #12
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Differing Site Conditions,site information reliance
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Contractor is entitled to recover additional compensation due to a school district’s failure to disclose material information during the bidding process, and it is not necessary for the contractor to prove affirmative fraudulent intent to conceal the information. This California Supreme Court decision resolves a question that had divided several Courts of Appeal in California. [...]
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