by Kent Holland | Mar 20, 2020 | Newsletter Article
A contractor prevailed under the differing site conditions (DSC) clause of a highway bridge construction contract by meeting the requirements of the so-called Stuyvesant test, which requires a contractor to prove that “(1) the conditions indicated in the contract...
by Kent Holland | Jul 26, 2017 | differing site conditions, Newsletter Article
By: J. kent Holland, Jr. The U.S. Army denied a differing site condition claim of its contract that allegedly encountered subsurface rock conditions as well as ground water conditions, differing materially from what was represented in a geotechnical report provided to...
by Kent Holland | Jun 1, 2017 | differing site conditions, Newsletter Article
Geotechnical, Saturated Soil, Geotechnical Report, Metcalf Construction During site excavation, a design-build contractor encountered a large quantity of unsuitable soils, and this required remediation before foundation work could commence for a building. In this...
by Kent Holland | Dec 19, 2016 | differing site conditions, Newsletter Article
After final payment was made under its contract, a utility construction contractor submitted a written request for additional payment to the project owner seeking payment for extra work it performed as well as increased costs due to delays and disruptions during the...
by Kent Holland | Jan 13, 2016 | Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC The United States District Court for the Northern District of California held that an engineer who prepares documents that contractors will rely on when preparing their bids owes a duty of care to the contractors, and thus can...
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