What’s so different about differing site conditions?

{"version":"0.3.0","atoms":[],"cards":[],"markups":[["strong"],["i"]],"sections":[[1,"p",[[0,[],0,"July 11, 2022"]]],[1,"p",[[0,[],0,"Section 3.7.4 of A201-2017 General Conditions of the\nContract for Construction is what is commonly known as the \u201cdiffering site\nconditions,\u201d or \u201cDSC\u201d clause:"]]],[1,"p",[[0,[0],1,"\u00a7 3.7.4 Concealed or Unknown Conditions "],[0,[],0,"\u201cIf the Contractor encounters conditions\nat the site that are (1) subsurface or otherwise concealed physical conditions\nthat differ materially from those indicated in the Contract Documents or (2)\nunknown physical conditions of an unusual nature that differ materially from\nthose ordinarily found to exist and generally recognized as inherent in\nconstruction activities of the character provided for in the Contract\nDocuments, the Contractor shall promptly provide notice to the Owner and the\nArchitect before conditions are disturbed\u2026\u201d"]]],[1,"p",[[0,[],0,"There are two types of differing site conditions, both\nof which are set forth in the first sentence. The distinction between the two\ntypes of DSCs is nuanced and important."]]],[1,"p",[[0,[],0,"The first type of DSCs are \u201csubsurface or otherwise\nconcealed physical conditions that differ materially from those indicated in\nthe Contract Documents.\u201d A \u201cType One\u201d DSC is a condition that the contractor\nencounters that is different than what is shown in the Contract Documents. For\nexample, let\u2019s assume a contractor is planning to excavate for a foundation and\nthe Contract Documents include a geotechnical report showing loose sand in the\nlocation where a foundation will be located. If the contractor begins excavation\nand instead finds boulders, the contractor has encountered a Type One DSC\nbecause the conditions encountered are different than what is indicated in the\nContract Documents."]]],[1,"p",[[0,[],0,"The second type of DSCs are \u201cunknown physical\nconditions of an unusual nature that differ materially from those ordinarily\nfound to exist and generally recognized as inherent in construction activities\nof the character provided for in the Contract Documents.\u201d A \u201cType Two\u201d DSC is a\ncondition that the contractor encounters that is different than what the\ncontractor would expect. To go back to our prior example, let\u2019s assume again\nthat a contractor is planning to excavate for a foundation, but there is no\ngeotechnical report. Let\u2019s further assume that this contractor has excavated\nmany foundations in this area, so they are familiar with the topography and they\nexpect to find loose sand when they dig. If the contractor begins excavation\nand finds boulders, the contractor has a Type Two DSC, because the conditions\nencountered are different than what the contractor expected to find."]]],[1,"p",[[0,[0,1],2,"AIA Contract Documents has provided this\narticle for general informational purposes only. The information provided is\nnot legal opinion or legal advice and does not create an attorney-client\nrelationship of any kind. This article is also not intended to provide guidance\nas to how project parties should interpret their specific contracts or resolve\ncontract disputes, as those decisions will need to be made in consultation with\nlegal counsel, insurance counsel, and other professionals, and based upon a\nmultitude of factors. "]]]]}