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Differing Site Conditions - Webinar

  • ID: 4437470
  • Webinar
  • June 2018
  • 90 Minutes
  • Lorman Business Center, Inc.
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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 define what constitutes a differing site condition.
  • You will be able to identify different types of differing site conditions.
  • You will be able to recognize contract limitations to recovery for differing site conditions.
  • You will be able to explain the legal issues relating to differing site conditions.
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  • 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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Scott Cahalan - Smith, Gambrell & Russell, LLP
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This webinar is designed for engineers, project managers, presidents, vice presidents, architects, construction managers, contractors, subcontractors, developers, planners, surveyors, hydrologists, environmental professionals and attorneys.
Note: Product cover images may vary from those shown
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