Differing Site Conditions

Conway & Mrowiec has successfully represented clients on differing site conditions claims.  Recent cases include:

  • Stormwater Reservoir.  Assisted grouting contractor in prosecution of multi-million dollar claim for differing conditions, variations in estimated quantities and extended duration on world's largest quarry reservoir project resolved without litigation.
  • Marine Dredging in the Bahamas.  Successfully defended an international marine contractor in an arbitration brought by a dredging subcontractor.  The project required the subcontractor to dredge a mangrove swamp in the Bahamas.  Because mangroves are a protected species in the United States, the case presented novel differing site conditions issues.
  • Condominium. Represented foundation contractor in successful defense of developer’s delay claims arising from differing site conditions on high rise residential condominium and prosecution of mechanics lien claim.
  • Bridge. Represented foundation contractor in successful recovery of claims of unpaid lump sum payments and Type II differing site condition and defended against defense and counterclaim of alleged overpayment of unit prices and delay on highway bridge construction project.
  • Condominium. Successfully arbitrated dispute for foundation contractor regarding differing subsurface soils conditions and defense of developer delay claim with foundation contractor recovering 100% of claim plus interest and wholly defeating counterclaim and then collecting in post-judgment collection.
  • Library. Represented excavator in successful recovery of differing site condition claim against public owner involving underground water levels.
  • Bridge. Successfully recovered for foundation contractor for subsurface obstacles against defense of owner “final and binding” adverse determination on highway bridge construction project after settlement reached during trial.
  • Condominium. Successfully recovered entire claim of unit price extras resulting from differing site conditions for foundation contractor against developer of mixed-use condominium project.