Triangle Law Group
We make legal services affordable.

Our consultations are only $99 for the first 30 minutes!

919-301-0716

Using experts for claims of differing site conditions

Contractors and project owners in North Carolina, know that large undertakings have many moving parts. Contract provisions often identify typical issues, and the methods for handling them. This is especially true when discussing site conditions. The contract should also address procedures for communicating and documenting unforeseen circumstances. When issues occur outside the contract parameters, there are several alternatives, innovative solutions, and cost-effective methods to avoid the cost and expense of litigation.

According to Spire Consulting Group, differing site conditions can cause unexpected delays, affecting project timelines and overall cost. In locations where the underground conditions are questionable, experts with the knowledge and experience quantifying the impact of the circumstances investigate the situation thoroughly. They may also determine the appropriate value of the damages, raising a wide range of questions:

  • What were the conditions prior to the start of the project?
  • Were there stipulations within the contract regarding the conditions?
  • Did the site differ from the contract description?
  • Was the situation reasonably unforeseeable?
  • Were there actual damages that resulted from the unanticipated conditions?

Trauner Consulting reports that contractors should perform a reasonable site inspection before bid submission. It is the project owner's responsibility to thoroughly review the contract documents, ensuring understanding of the differing site conditions clauses. Once the site work begins, contractors must demonstrate that there was timely notification to the project owner that the site conditions differed from those anticipated.

In some cases, a site expert may deem the circumstances unforeseeable. In those cases, it may be possible to resolve any resulting issues if they are identified early in the project and the parties can reach an agreement on the cost of any delays.

No Comments

Leave a comment
Comment Information

Learn How We Can Help

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response
Triangle Law Group

Triangle Law Group
3130 Fairhill Drive, Ste. 104
Raleigh, NC 27612

Toll Free: 877-427-1252
Phone: 919-301-0716
Phone: 919-848-1110
Phone: 919-301-0716
Fax: 919-848-1699
Map & Directions