On Demand Webinar

Differing Site Conditions + The Roll of Soils: A 2-Part On-Demand Series

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Levees that break, structures that subside, water intrusion, excavation that is impossibly difficult, projects that are delayed, increased construction costs … these can be the legacies of soil conditions which are not properly anticipated or handled. From the top of a mountain that slid into a dam being constructed to the neighbor's basement floor that is heaving after a rain, problems with the soil can be devastatingly expensive to all of the parties to a construction project. One study indicated that more than 40% of cost growth of Federal construction projects was due to differing site conditions and poor or untimely decisions related to them.  And not just soils; a variety of represented conditions can trigger a differing site condition claim.
These two very important on-demand training sessions presented by a team of construction attorneys and consultants are for anyone who needs to prepare, review, negotiate or manage construction contracts.
Thanksgiving Special: Normally $199 Each - Purchase Both for $299 

Both programs for one low price PLUS
a FREE Construction Claims Advisor newsletter subscription!


February Special - includes a FREE 1-year subscription to the Construction Claims Advisor newsletter and resource library. Includes 50+ on-demand webinars covering issues from procurement, BIM, project management, commissioning, schedule training, project delays and more -- a $329 value! (See below for details.*)
Offer expires February 28.

Differing Site Conditions: The Big Game of Shifting Risk
Presented by:
Marilyn Klinger, SMTD Law
Kevin Gilliland, Troutman Sanders 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 discusses 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!

Listen to this informative session to learn differing site condition claims and how the construction industry deals with them, to steer your project to success!

This program features key insights from our knowledgeable construction experts:

klinger_60.jpgMarilyn Klinger, Managing Partner, is located in the Los Angeles office of Sedgwick, 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., bidding and contract disputes/performance bond claims), payment enforcement/defense (e.g. payment bonds/ mechanic’s liens/ stop payment notices), 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, evaluation, and negotiation).  


kevingilliand75x94.jpgKevin Gilliland is an Associate in Sedgwick’s Los Angeles office with experience in construction and commercial litigation. Because of his prior work experience in the construction industry, he has an in-depth understanding of construction contracts, project management, remedying construction defects, and preparing and negotiating change orders. Mr. Gilliland is also familiar with estimating and submitting bid proposals for projects in the public and private sectors. In addition to construction law, Mr. Gilliland has experience in intellectual property and entertainment law, as well as employment and constitutional law.

The Role of Soils in the Construction Process: From Site Investigations to Claims
Presented by:
Tom Frisby, The Frisby Group
Buddy Humphries, PE, LTEC

Soils are like a bad memory. They are always there, from the site selection and subsurface investigation process, to following designs, to the protection from legal liability in the contract documents, to the complications by the contractor in excavation, piling driving or achieving compaction. And then the claims that so often arise from a contractor encountering what he perceives as differing site conditions, to slabs heaving and water infiltration. After viewing this 90-minute recording, you will:


  • Understand the key issues involving soils and their various implications from the program phase through the construction phase and set forth suggestions for each of the parties (Owners, Designers, Contractors, Schedulers and Lawyers)
  • Minimize technical and contractual problems when dealing with soils, differing site conditions and structural failures 
  • Fully understand the technical, financial and contractual issues
  • And much, much more!

This program features key insights from our knowledgeable construction experts:

klinger_60.jpgTom Frisby is the owner of The Frisby Group, a construction consulting firm which has more than 50 years' experience in construction dispute resolution, troubled projects, and project management and delivery system innovation. He is an attorney with an engineering, construction, and financial background and is a certified Mediator in South Carolina. He has been responsible for the resolution of disputes on such signature projects as The Aloha Stadium, the Central Arizona Project, the Reef Runway, the first precast barge "glued together" with epoxy for development of liquid propane in the Java Sea, the Medical University of South Carolina and countless others. He has provided project oversight for major projects such as the Duke Energy Pump Storage Project and has been a partnering facilitator for projects for the DOE, COE, Clark County Sanitation District, and the Marine Corps at Quantico.


He has been Chairman of a DRB for the Texas Department of Justice. He has represented major construction companies, as well as designers such as Minoru Yamasaki who was the architect for the World Trade Center. He also represented PP&L after Pennsylvania deregulated power and assisted in the development of its Energy Management Services Division. A major mission of his firm is the avoidance of claims through the improvement of the design and construction process.
klinger_60.jpgL.L. “Buddy” Humphries, PE, the owner of LTEC, has a 40-year career that spans swinging a hammer as a carpenter to Senior Director of Construction/Engineering for a large corporation to construction consultant. At one time or another, Buddy has been the craftsman building what was on the drawings, bidding/managing the project depicted on the drawings or the person designing and stamping the drawings. In construction management that includes teaching scheduling techniques and successfully supporting construction claims representing owners, generals and subcontractors.
Who Will Benefit?

These recorded webinar training sessions are a must if you’re a public or private owner, construction manager, contractor, subcontractor, scheduler, consultant, architect or engineer involved in the development, preparation, submission, review, negotiation and management of construction contracts.  

Gather your team for maximum benefit! Your investment is one time; there is no limit to the number of participants at your location or how often you want to watch the sessions. Don't miss out on this must-have information.

PDUs/PDHs - Education Credits
Certificates of completion are available upon request for use in obtaining education credits.

* A subscription to the biweekly Construction Claims Advisor newsletter includes access to more than 50 on-demand webinars on a multitude of topics, white papers, surveys and much more.  Samples of some of the available webinars:
  • Procurement: Architectural Copyrights, Alternative Project Delivery Systems, Role of Soils: From Site Investigation to Claims, and AIA vs ConsensusDOCs.
  • Project Management: Drones in Construction, Lean Techniques, Productivity Improvement, Construction Project Management, Dealing with Schedule Approval Issues, and Total Quality Management.
  • Building Information Modeling (BIM): Contractor Case Studies, Working with Standard BIM Contract Documents, and BIM Strategies.
  • Construction Claims: Dealing with Scope Creep, Checklist of Sound Legal Advice to Avoiding Disputes & Lawsuits, Trends in Construction Claims and Disputes, 20 Common Mistakes that Construction Owners & Contractors Make that Cause Claims and Disputes, and Successfully Avoiding Claims (Specifications and Construction Management Practices).
  • Schedule Training: Scheduling Best Practices: Scheduling as a Management Tool, Scheduling Tips and Tricks, and Weather Planning on Construction Projects: Addressing Delays and Time Extensions.
  • LEED, Commissioning & Sustainability: Emerging Risks in Green Design and Construction, Commissioning Best Practices for Existing Buildings, Indoor Air Quality Testing, Improving Energy Efficiency for Existing Buildings, Green Construction Contracts, Retro Commissioning, and Economics of Green Building.
  • And much, much more.

To order by phone, call 301-765-9525.
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