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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.

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Agenda

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Differing Site Conditions

Faculty

Scott D. Cahalan

Scott D. Cahalan

Smith, Gambrell & Russell, LLP

  • Partner in the Construction Law and Litigation Section of Smith, Gambrell & Russell, LLP, an AmLaw 200 firm
  • Adjunct professor of design and construction law at the Georgia Institute of Technology
  • General counsel to the Georgia Utility Contractor’s Association
  • Recognized by Chambers USA, America’s Best Lawyers, and Georgia Super Lawyers for construction law in the State of Georgia
  • Drafter of the Associated Owners and Developers’ standard form construction contracts
  • Special assistant attorney general for the State of Georgia
  • 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. degree, with honors, University of Georgia; B.S. degree in construction engineering, Iowa State University
  • Can be contacted at 404-815-3711, [email protected] or [email protected]
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Differing Site Conditions

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