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OnDemand Course

Differing Site Conditions

Be sure to address differing site conditions in a construction contract and avoid higher prices and failed construction projects.

Almost every construction and renovation project carries with it the risk of differing site conditions. Differing site conditions are one of the true unknowns. The discovery of differing site conditions can lead to costly overruns, delays, claims, and litigation or arbitration. Failing to address differing site conditions in a construction contract can lead to higher prices, increased estimating costs, insolvency, and failed construction projects. This topic will provide owners, developers, contractors, subcontractors, architects, engineers, public agencies, contracting officers, administrators, attorneys, and others who have an interest in construction contracting and claims with the knowledge necessary to navigate the risk of differing site conditions through their contracts and during the construction process. This material will also help such persons to identify different ways in which they can recover or defend against claims for differing site conditions. This information is critical to those who contract for, manage, supervise, or administer construction services that may be affected by unknown physical conditions.

Learning Objectives

  • You will be able to recognize contract limitations to recovery for differing site conditions.
  • You will be able to identify different types of differing site conditions.
  • You will be able to explain the legal issues relating to differing site conditions.
  • You will be able to define what constitutes a differing site condition.

98 minutes
Course Exam
Certificate of Completion
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview

  • What Is a Differing Site Condition?
  • Historic Treatment of Differing Site Conditions
  • Sanctity of Contract

Contract Provisions

  • Type I Differing Site Condition Clause
  • Type II Differing Site Condition Clause
  • Other Types of Differing Site Conditions
    • Hazardous Materials
    • Archeological Artifacts
  • Implied Contract Obligations
    • Good Faith and Fair Dealing
    • Information
    • Implied Warranty of Adequacy of Design
    • Inquiry

Limitations on Contract Provisions

  • Inspection
  • Notice
  • Avoidance Clauses

Common Law Claims for Differing Site Conditions

  • Concealment
  • Misrepresentation

Equitable Defenses

  • Mutual Mistake
  • Impossibility
  • Commercial Impracticability
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on June 24, 2021.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • ICC 0.15
     
  • Lorman Education Services is an International Code Council Preferred Provider. This event is approved for 0.15 CEU's through ICC.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Scott D. Cahalan

Scott D. Cahalan

Smith, Gambrell & Russell, LLP

  • Partner in the construction law section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm.
  • Part-time instructor of Construction and Development Law at the Georgia Institute of Technology
  • General counsel to the Georgia Utility Contractor’s Association
  • Worked for an ENR® top 50 general contractor
  • Drafted form construction contracts for the Associated Owners and Developers, a national association
  • Recognized by Chambers USA, The Best Lawyers in America, and Georgia Super Lawyers
  • Frequent author and lecturer on construction law
  • Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
  • J.D., cum laude, from University of Georgia; B.S. in construction engineering from Iowa State University
  • Contact information [email protected], [email protected], and (404) 815-3711
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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Product ID: 408568
Published 2021
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