Resolving Contract Disputes Based on Differing‐Site‐Condition Clause

Abstract

This paper describes the important aspects of construction law that relate to differing‐site‐condition (DSC) disputes and presents a guide for contractors and contract administrators to resolve contract disputes based on the DSC contract clause. Based on research of more than 75 appellate decisions, the paper summarizes the remarkable consistency in case law decisions. Careful examination reveals that courts follow consistent patterns of inquiry. These patterns have been defined in an easy‐to‐follow flowchart describing the particular inquiry. A narrative containing numerous case citations and synopses accompanies each inquiry. An example, based on an actual case, is included to illustrate the use of the flowchart. The flowchart was tested using 10 other cases, and the outcome using the flowchart was the same as the judicial decision in each instance.