Government Can’t Use Contract’s General Disclaimer of Reliance on Site Information to Deny Differing Site Condition Claim (Metcalf v. U.S. precedent)

by | 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...

Differing Site Conditions Claim Rejected Because State Had no Duty to Disclose Superior Knowledge, Plus the Contractor Did Not Document Damages but Attempted to Rely on Total Cost Claim

by | Jan 31, 2014 | differing site conditions, Newsletter Article

On a contract for a renovation and asbestos removal in a state office building, the contractor claimed there was a differing site condition making asbestos removal more difficult than anticipated.  The Supreme Court of Alaska held that the contractor could have...