Differing Site Conditions Clause

A primary purpose for the geotechnical baseline report (GBR) is to assist in the administration of a differing site conditions (DSC) clause that is a part of the contract. The first standardized “changed conditions” clause was developed by an Interdepartmental Board of Contracts and Adjustments on November 22, 1921, by the US Bureau of the Budget. A DSC clause is nearly always included as a standard clause in the general conditions or general provisions of a contract that will involve subsurface construction. Over the years, an impressive body of case law has emerged with respect to the application and interpretation of the federal DSC clause. While widely adopted in concept, the federal clause has been modified in some other public jurisdictions. The authors of a GBR should understand the contractual significance of such modifications and adjust the wording in the GBR accordingly.