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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.



Scott D. Cahalan

Scott D. Cahalan

Smith, Gambrell & Russell, LLP

Scott Cahalan

  • Partner in the construction law and litigation section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm
  • Part time instructor of graduate courses in Design and Construction law and Real Estate Development Law at the Georgia Institute of Technology
  • General counsel to the Georgia Utility Contractor’s Association
  • Practice includes all aspects of design and construction law from drafting and negotiating prime contractors, subcontracts, and purchase orders to mediating, arbitrating, and litigating construction disputes.
  • Drafted form construction contracts for the Associated Owners and Developers, a national organization
  • 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. with honors 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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