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Carpenter Generally, pursuant to differing site condition clauses, the owner is obligated to pay the contractor for the increased cost if the contractor follows the procedures included in the clause.
The court answered “no” based on its conclusion that to be considered a differing site condition, the condition must exist at the time the contract was formed. Olympus ...
ASBCA denies a differing site conditions claim on the basis that the alleged changed condition should have been anticipated by the contractor In Skanska Civil USA Southeast, Inc. ASBCA Nos.
Differing site condition provisions can afford a contractor relief if certain prerequisites are satisfied. Nevertheless, many contracts also include broad exculpatory disclaimers that insulate ...
Contractors engaged in the public (and private) arena of construction contracts have historically relied upon differing site condition (DSC) clauses as mechanisms for assuring compensation from ...
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