Differing Site Conditions - What Are They and Are You Protected?
There are some contractors that feel that they are entitled to more money and time when a differing site condition is discovered. They aren't.
Entitlement to more time and more money when a differing site condition occurs depends upon whether or not the contract had a differing site conditions clause in it. Once a differing site condition is discovered on the job, almost immediately the cost that was promised is no longer feasible. Who bears the risk?
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. degree, with honors, University of Georgia; B.S. degree in construction engineering, Iowa State University