Differing Site Conditions in Construction Projects: Bringing and Defending Claims, Risk Mitigation Strategies
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will take a close look at litigating differing site conditions claims in construction projects. The panel will examine under what circumstances these claims may arise, what factors make for a successful claim, and available defenses. The panel will also address how to mitigate the risk of differing site conditions claims, including through carefully drafted contractual provisions.
Outline
- Introduction
- Overview of differing site conditions
- Type I
- Type II
- Examples of site conditions that may qualify
- Potential consequences to the parties
- Overview of differing site conditions
- Litigation strategies for differing site conditions claims
- Factors for making a successful claim
- Defenses
- Lessons learned from recent cases
- Mitigating litigation risk
- Contract provisions
- Other
- Practitioner takeaways
Benefits
The panel will review these and other important issues:
- What circumstances may arise in construction projects that qualify as "differing site conditions?"
- What challenges do differing site conditions raise for contractors? Owners? Subcontractors?
- What factors make for a successful differing site conditions claim? What are available defenses?
- What contractual provisions may help mitigate the risk of these claims?
Faculty
Scott D. Cahalan
Partner
Smith Gambrell & Russell
Mr. Cahalan has substantial experience representing owners, contractors, subcontractors, engineers, architects,... | Read More
Mr. Cahalan has substantial experience representing owners, contractors, subcontractors, engineers, architects, suppliers, manufacturers and vendors in connection with construction, commercial and other business matters. His practice primarily consists of drafting and reviewing construction contracts, providing advice during construction and construction litigation, arbitration and mediation. Mr. Cahalan was the primary drafter of the Associated Owners and Developers’ AOD 2002 – Standard Form of Agreement Between Owner and Contractor Where the Price Is Fixed or Lump Sum, and the Associated Owners and Developers’ AOD 2003 – Standard Form of Agreement Between Owner and Contractor for Work on a Cost Plus Fee Basis With a Guaranteed Maximum Price. He has also given numerous seminars throughout the U.S. and Europe concerning construction contracts, implied contract obligations, claims, green building, construction insurance, and mechanics lien law. Since 2010, Mr. Cahalan has been an instructor at the Georgia Institute of Technology where he teaches Design and Construction Law.
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Steven Mroczkowski
Shareholder
Buchalter
Mr. Mroczkowski represents businesses up and down the construction contract chain—from owners and developers and... | Read More
Mr. Mroczkowski represents businesses up and down the construction contract chain—from owners and developers and lenders and sureties to contractors and subcontractors to architects and engineers—helping them deal fairly with other parties and protecting their rights when those other parties fail to meet their obligations. He is the consummate outside construction counsel, drafting, reviewing, and negotiating contracts for clients ranging from large corporations to small closely held companies, but primarily litigating all manner of commercial construction disputes in state and federal courts and mediation and arbitration proceedings throughout the country. In addition to his construction practice, Mr. Mroczkowski regularly advises clients on issues involving breach of contract, complex commercial foreclosures and workouts, lease disputes, liquidations, bankruptcy preferences, and fraudulent transfers.
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Kenneth A. Sherman
Partner
Prince Lobel Tye
Mr. Sherman is an experienced construction attorney with significant construction transactional, consulting, and... | Read More
Mr. Sherman is an experienced construction attorney with significant construction transactional, consulting, and litigation experience. In this capacity, he assists construction project owners, developers, general contractors, construction management firms, subcontractors, and material suppliers with real-time project consulting, drafting and negotiating all manner of construction agreements and forms, and with prosecuting and defending construction disputes. Mr. Sherman is a frequent lecturer on insurance law matters.
CloseEarly Discount (through 08/29/25)
Cannot Attend September 25?
Early Discount (through 08/29/25)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.
