Mark's Construction Law Blog

Making a Differing Site Conditions Claim

Any time a piling contractor bids a job, steps foot on the site, and starts driving a pile, there is a real risk that the indications of subsurface conditions in the geotechnical report and soils borings don't match up to what's encountered. The blow counts go way up, or the pile sinks like in quicksand. where the presumed bedrock has disappeared. The differing site conditions (DSC) clause is mandatory of federally funded projects and in most state public contract codes. This should be easy, right? Yet there is often no fight harder fought when a DSC claim is made. Why is that?

Top Ten List of Contract Clauses to Save you, or Bite you

In the disruptive model of the economy — where technology changes formats of doing business or else — the legal industry is at risk of falling behind. More than ever, it is critical to make contract language fit and anticipate the new approaches in cutting age construction agreements. Take for example the fact some hospitals insist that all drawings of record are now electronic, or the design concept recently gaining traction of “Model of Record.” No, that is not a runway model, but a 3D model of a project, including its electronic data, that serves as the core design document and building recipe.

The New DSA Review Protocol for Electronic Drawings - A Better and New Wave of Design

Even if you distain the technological, you might just have children of school age. In California all K-12 school projects have their architectural, structural and MEP drawings reviewed for life safety, structural and accessibility by California's Division of the State Architect (DSA). For years Contractors and Bidders on these key educational projects have complained that the DSA review process while vital, ended up delaying start of projects (including those with fast track summer construction deadlines), or worse, led to change order disputes as DSA required midstream changes. Hopefully, DSA's new Procedure for Back Check of Electronic Documents, DSA PR 16-01, is cutting through that red tape, or more exactly, eliminating needless paper drawings in favor of integrated review of electronic 3D drawings.