Michael B. Pascoe, Aaron S. Evenchik, Robert B. Port
The most common types of “differing and changed conditions” in construction contracts deal with subsurface issues such as inadequate support, unanticipated groundwater, or unanticipated natural or artificial subsurface obstructions. But what happens when an unusual differing and changed condition, such as an endangered species, or even an unexpected burial ground, impacts your project? For example, a local $11 million project came to a halt when Kestrel falcons began dive-bombing the construction crew in an effort to protect their nest.
In this article, Mike Pascoe, Aaron Evenchik and Rob Port provide tips for mitigating the risk associated with encountering these unique situations on a project.
