Resolving Contract Disputes Based on Differing‐Site‐Condition Clause
Publication: Journal of Construction Engineering and Management
Volume 118, Issue 4
Abstract
This paper describes the important aspects of construction law that relate to differing‐site‐condition (DSC) disputes and presents a guide for contractors and contract administrators to resolve contract disputes based on the DSC contract clause. Based on research of more than 75 appellate decisions, the paper summarizes the remarkable consistency in case law decisions. Careful examination reveals that courts follow consistent patterns of inquiry. These patterns have been defined in an easy‐to‐follow flowchart describing the particular inquiry. A narrative containing numerous case citations and synopses accompanies each inquiry. An example, based on an actual case, is included to illustrate the use of the flowchart. The flowchart was tested using 10 other cases, and the outcome using the flowchart was the same as the judicial decision in each instance.
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References
1.
Currie, O. A., Ansley, R. B., Smith, K. P., and Abernathy, T. E. (1971). “Differing site (changed) conditions.” Briefing Papers; No. 71‐5, Federal Publications, Inc., Washington, D.C.
2.
Stokes, M., and Finuf, J. L. (1986). Construction law for owners and builders. McGraw‐Hill Book Co., New York, N.Y.
3.
Parvin, C. M., and Araps, F. T. (1982). “Highway construction claims—A comparison of rights, remedies, and procedures in New Jersey, New York, Pennsylvania, and the southeastern states.” Public Contract Law J., 12(2).
4.
Thomas, H. R., Smith, G. R., and Ponderlick, R. M. (1992). “Resolving contract disputes based on misrepresentations.” J. Constr. Engrg. Mgmt., 118(3), 472–487.
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Copyright © 1992 ASCE.
History
Published online: Dec 1, 1992
Published in print: Dec 1992
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