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:

Marilyn Klinger, Managing Partner, is located in the Los Angeles office of SMTD Law, LLP, 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).  

Ali Salamarid, SMTD Law, LLP, Los Angeles, concentrates his practice in the areas of construction and surety law. Many of the nation's leading surety companies, general and specialty contractors trust Mr. Salamirad's guidance and counsel when dealing with the myriad of issues that arise in the construction industry.

Mr. Salamirad has successfully handled a wide range of cases on federal, state and private construction projects, including bid disputes and protests, subcontractor substitutions, labor claims, extra work disputes, differing site condition claims, delay, productivity and efficiency claims, default terminations, takeover and completion efforts, and surety financing arrangements.

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:

Tom 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.

L.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.

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.