Chapter 19
The legal backdrop to a discussion of subsurface conditions (at least involving
soil) is the common law rule discussed in Section 7.4C. In effect this chapter
explores contractual alterations to the common law.
1.) What have the courts stated, in cases such as Stees v. Leonard, about the liability for
subsurface conditions for a contractor that both designed and built the home for the
owner?
2.) What are the three options an owner has if he chooses to do risk distribution in the
contract for construction in regard to subsurface problems?
3.) What are the advantages and the disadvantages of the differing site conditions
method?
4.) What is the difference between a Type I and Type II differing site conditions clause?
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a. A Type I DSC requires that there be an actual physical condition encountered
at the site that differs material from the conditions “indicated” in the
contract documents. Type II are unknown physical conditions at the site, of
an unusual nature, which differ materially from those ordinarily
encountered and generally recognized as inhering in work of the character
provided for in the contract.
5.) What are some examples of a differing site conditions that are not subsurface
conditions?
6.) What is required in the AIA Document A201–2007 for a contractor to give notice for
a differing site conditions claim?
7.) What are the two categories of physical conditions in the Engineers Joint Contracts
Documents Committee (EJCDC) 2007 “Standard General Conditions of the
Construction Contract,” C–700?
8.) What is the process that is followed by the engineer after a claim has been made for
differing site conditions under the EJCDC Standard General Conditions of the
Construction Contract?
9.) On which types of approach does the FIDIC “Redbook” in regard to unforeseen
subsurface conditions?
10.) What type of projects are FIDIC contracts likely to be used and where are
these projects often located?