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    Differing Site Conditions - Whose Risk Is It?

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    Website http://www.traininng.com/webinar/differing-site-conditions---whose-risk-is-it--201014live?ourglocal- | Want to Edit it Edit Freely

    Category Contractor Executives, Project Managers, Project Sponsors

    Deadline: September 24, 2019 | Date: September 26, 2019

    Venue/Country: Online, U.S.A

    Updated: 2019-07-11 14:36:31 (GMT+9)

    Call For Papers - CFP

    Overview

    This webinar discusses the definition of a differing site condition and why there is a need for a Differing Site Conditions clause in a construction contract. The webinar sets forth the history and purpose of the clause and examines the modern Differing Site Conditions clauses and the changes over time.

    Why should you Attend

    This webinar provides a thorough discussion of the Differing Site Conditions clause and how the typical understanding of this 90 year old clause is being eroded by Court and Board decisions. The differing site conditions clause was created by the U.S. Federal government in 1926, in regards to construction contracts. Over the years, the Courts and Boards of Contract Appeals have been slowing changing the interpretation of risk allocation under the clause. A series of Court and Board cases have increased the contractor’s risk concerning differing site conditions.

    The training explores a number of Court and Board of Contract Appeal decisions which appear to be slowly eroding the traditional risk allocation commonly accepted under the Differing Site Conditions clause, along with lessons learned from each case.

    Finally, this research perspective provides a list of practical recommendations for both owners and contractors dealing with the risks of differing

    Areas Covered in the Session

    Definition of a differing site condition and why there is a need for a Differing Site Conditions clause in a construction contract

    History and purpose of the clause and the modern Differing Site Conditions clauses

    A discussion of the terms "indications" and "material difference"

    Impact of contract disclaimers related to differing site conditions

    Conditions not covered by the clause and conditions included within the scope of the clause

    Six part test for a successful differing site condition claims and five additional contractual requirements contractors must comply with in order to prevail

    contractor's duty to continue work

    Reverse differing site condition claim - an owner claim that may be asserted against the contractor seeking recovery of funds from the contractor when they encounter conditions materially better than anticipated

    Learning Objectives

    Learn about the Differing Site Conditions clause and how it operates

    Learn what conditions are and are not covered by the Differing Site Conditions clause

    Understand what must be proven to prevail on a differing site condition claim and what contractual requirements must be complied with in full

    Become familiar with a number of Court and Board of Contract Appeal decisions which are changing the traditional risk allocation under the Differing Site Conditions clause

    Who Will Benefit

    Attorneys Dealing with site condition Claims

    Owners and Owner representatives Managing Capital improvement Projects

    Contractor Executives, Project Managers, Project Sponsors and Project Control Personnel

    Construction Managers and Design Professionals Performing Services during Construction

    Speaker Profile

    James G. Zack, CFCC, CCM, FAACE, FGPC, FRICS, PMP Senior Advisor, Ankura Construction Forumâ„¢ - the construction industry's global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Formerly, Jim was the founder and Executive Director of the Navigant Construction Forum.


    Keywords: Accepted papers list. Acceptance Rate. EI Compendex. Engineering Index. ISTP index. ISI index. Impact Factor.
    Disclaimer: ourGlocal is an open academical resource system, which anyone can edit or update. Usually, journal information updated by us, journal managers or others. So the information is old or wrong now. Specially, impact factor is changing every year. Even it was correct when updated, it may have been changed now. So please go to Thomson Reuters to confirm latest value about Journal impact factor.