Successfully Manage Differing Site Condition Claims

Unforeseen site conditions, particularly those underground, can make the difference between a successful project and a disaster.  These conditions might include: old or abandoned sewer and water lines, conduit or structures; hard rock or other soils conditions not shown on the soils report: effluent from nearby dump sites; artifact discovery, and many other unforeseen factors preventing construction progress.

When they are discovered, what Owners and Contractors do to deal with them is essential to successful resolution and keeping their projects on track.

This webinar will address:

• the basics of differing site condition claims
• how to address them early using your contract documents
• how courts have addressed these claims on public and private projects

Owners will learn:

• Steps to take in project planning to avoid these issues.
• What can be done to avoid these issues at the start of the project.
• First steps in analyzing these claims to determine their validity.
• How to proactively negotiate resolution
• What you must know to deal fairly with the contractor
• If informal resolution is impossible, how to set yourself up to successfully defend the claim.

Contractors will learn:

• What a differing site condition is, and is not
• How to value valid claims for differing site condition
• How to get these claims resolved without lawyers or courts.
• The role of expert witnesses in evaluating claims for differing site conditions
• When you need these experts, and when you don’t.

Presenter: Mark Stapke, Founding Partner, Stapke Law LLP, and General Counsel for WCCC Board, is a well-known construction and real estate trial lawyer.  With over 38 years of experience in winning cases before juries and arbitrators, Mark has recovered more than $50 million for his clients.  Mark also regularly resolves cases through Alternative Dispute Resolution.  His practice stresses claims-avoidance training for public and private owners, and resolution of time-related claims.  Mark is an arbitrator and Judge Pro Tem for CA Superior Court, and has been selected as one of the Top 400 Construction Lawyers in the U.S. 

Register a team of 3 or more from your organization and save $15 each!

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