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INSTRUCTOR: J. Scott Lowe, P.E., M.ASCE
This is an ASCE Micro Learning Seminar consisting of short modules and videos for ease in consuming and learning.
Course Length: 2 Hours
Purpose and Background
Many, if not most, construction contracts contain a provision addressing site conditions. Though these provisions can take several forms, many mimic or are modeled on the language used in Federal contracts. The “differing site conditions” clause used in Federal contracting defines the parties’ responsibilities with regard to the conditions the contractor encounters on the site. Though seemingly simple on its face, the Federal differing site conditions clause may be deceptively so. The purpose of this course is to instruct participants in the successful use of the differing site conditions provisions on their projects.
Learning Outcomes and Benefits
The Differing Site Conditions Clause
- Participants will learn to identify a differing site conditions clause and its purpose in a construction contract
- Participants will learn the different parts of a typical differing site conditions clause and the significance of each part
- Participants will learn the difference between a Type I and Type II differing site condition
Managing a Differing Site Conditions Clause
- Participants will learn how to establish the existence of a differing site condition
- Participants will learn how to tell the difference between something that is a differing site condition and something that it not
Exculpatory Clauses
- Participants will learn the applicability and enforceability of exculpatory clauses that might bear on a differing site conditions clause
- Participants will learn the significance and enforceability of the notice provisions related to differing site conditions
Assessment of Learning Outcomes
Students' achievement of the learning outcomes will be assessed via a short post-assessment (true-false, multiple choice and fill in the blank questions).
Target Audience
- Engineers
- Architects
- Construction Managers
- Contractors
- Subcontractors
- Vendors and Suppliers (and the attorneys that represent them)
- Other professionals in the construction industry
Course Outline
- What is a differing site condition?
- The Federal Differing Site Conditions Clause
- Definitions
- Notice
- Investigation
- Action
- The history and purpose of differing site condition clauses
- Type 1 Differing Site Conditions
- Type 2 Differing Site Conditions
- Examples of other clauses
- Establishing the existence of a differing site conditions
- "Latent" or hidden conditions
- "Physical conditions at the site"
- "Material" conditions
- "Unusual" conditions
- What is a differing site condition and what is not?
- Exculpatory clauses and differing site conditions
- Exculpatory Provisions and Enforceability
- Notice Provisions and Enforceability
- Case studies
How to Earn your PDHs and Receive Your Certificate of Completion
To receive your certificate of completion, you will need to complete a short on-line post-test and receive a passing score of 70% or higher within 1 year of purchasing the course.