Type I Differing Site Conditions Claim is Not Easy to Prove

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David Adelstein discusses the difficulties of claiming type I differing site conditions.

May 30, 2018
David Adelstein - Florida Construction Legal Updates

A differing site condition claim will almost universally result in both a cost and time impact. There will be additional, unanticipated costs incurred. And there will likely be a delay requiring additional time to perform.

A Type I differing site condition claim is when the contractor encounters conditions at the site different than those indicated in the contract documents. That seems easy enough to prove, right. Nope. And, I mean nope! If you don’t believe me, consider the recent decision in Meridian Engineering Co. v. U.S., 885 F.3d 1351 (Fed.Cir. 2018).

Mr. Adelstein may be contacted at dadelstein@gmail.com



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