VOLUME 4   ISSUE 48   DECEMBER 11, 2015


By Bruce Jervis


The legal standard for a successful differing site condition claim is stated in a variety of ways. At its most fundamental level, however, it comes down to two questions:

  1. What representations did the contract documents make regarding physical site conditions?
  2. Was the contractor reasonable in interpreting those representations for purposes of bid preparation?

In a recent case out of the state of Washington, the public project owner included raw geotechnical data in the contract documents. The contractor made certain inferences regarding soil type transitions, which would necessitate equipment stoppage. The contractor’s assumptions proved to be incorrect. A court ruled that the contract did not represent what the contractor alleged. And, the contractor drew unreasonable inferences from what the contract did represent. Read more.


Featured …


Government construction contracting represents close to 45% of all U.S. non-residential construction spending, according to a recent review of Bureau of Commerce statistics. To learn more about our reader’s experiences and challenges on government contracts, ConstructionPro Network launched a survey this past summer to find out how smoothly government contracts are run, to learn about any activities that involve construction claims and change orders and to see what trends or patterns might emerge that may be worth further study. Read more.


According to Earthcam, the new home of the Minnesota Vikings is one of the top 5 most-viewed construction projects, with over 10.7 million views through November. The $1.1 billion project, set for completion in the summer of 2016, is very interesting architecturally. And like many stadium projects, there's no shortage of cranes working the interior. 


Click here for links to time-lapse video and webcams.





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