Differing Site Conditions: The Big Game of Shifting Risk

Presented by:
Marilyn Klinger and Jonathan Dunn
Sedgwick, LLP

Differing site conditions are frequent sources of disputes between owners and contractors. Many contractors proceed with work under changed conditions with the misconception that conditions at the site, which they neither expected nor included in their bids, automatically constitute extras and should be addressed as such. Unfortunately, this assumption can lead to costly disputes between the parties of a construction project.

This presentation will discuss the various scenarios involving differing site condition claims and how the construction industry deals with those claims, both via contract and in the courts. You will be more prepared to identify those situations where differing site condition claims might arise and understand what the parties’ various rights and remedies might be.

This program will help you:

• Understand the kinds of differing site condition claims that are encountered, such as rock or soil conditions, interfering utilities, or severe weather conditions
  
• Distinguish the two types of differing site conditions
  
• Take advantage of contractual provisions for dealing with differing site
  
• conditions
  
• Understand certain seminal judicial decisions and how they can affect you
  
• And much, much more!

Who Will Benefit?

This presentation is a must if you’re a public or private owner, design professional, engineer, architect, contractor, subcontractor, manufacturer, supplier or attorney. Order this CD today to achieve optimum project success by learning the ins and outs of differing site conditions claims.

Meet Your Presenters:

Marilyn Klinger

Marilyn Klinger heads the Construction Practices Group for Sedgwick out of the Los Angeles office and is involved in all aspects of construction law on a state and national level. She represents the full spectrum of the construction industry, from owners, contractors, subcontractors, and sureties. Her practice includes time-related claims and litigation (e.g., delay/impact), legal advice and counsel regarding the contracting process (e.g., bid and contract disputes/performance bond claims), payment enforcement/defense (e.g. payment bonds/mechanic’s liens/stop notices/insurance claims), administrative and scope claims and litigation (e.g., differing site conditions, change and extra work orders/inadequate plans and specifications, and subcontractor substitutions), and counseling and transactional services to the construction industry (e.g., general advice and counsel, including contract preparation and negotiation).

In addition, Ms. Klinger has extensive experience in dispute resolution including litigation, trial, appeals, arbitration, and mediation.

Jonathan J. Dunn

Jonathan J. Dunn is the Construction Practices group lead partner in Sedgwick’s Orange County, Calif. office, and concentrates his practice in construction practices and creditors’ rights, including bankruptcy.

Mr. Dunn has more than 15 year’s experience in addressing complex legal and factual matters, especially those that arise out of construction projects and defaults on federal, state (public works) and private construction projects in the United States. In particular, Mr. Dunn has significant experience in complex construction disputes, including delay, impact, disruption, inefficiency, extra-work, differing site conditions, bid protests, subcontractor substitutions, and other construction claims. Mr. Dunn also has numerous successes in complex creditor cases, including complex collections, bankruptcy, workouts - pre-bankruptcy and post-petition, fraud, indemnity, pre-judgment remedies and collections, ADR and negotiated settlements.

Mr. Dunn has successfully represented clients in litigation, trial, arbitration, and mediations and handles a multitude of complex construction and bankruptcy litigation matters at any given time. Prior to his experience at Sedgwick, Mr. Dunn was in-house counsel for two national bonding companies, where he had management responsibilities for various default matters in the western United States, as well as an active participant in his family’s construction business.