With the economy in decline, construction projects will likely experience an increase in claims as parties attempt to mitigate risk and salvage shrinking profit margins. In such an environment, both owners and contractors should get reacquainted with the law that governs one of the most common disputes between owners and contractors: differing site conditions. Generally, construction professionals accept that traditional site condition clauses control the risk associated with differing site conditions. New York case law, however, calls that conclusion into question. Over 30 years ago, New York courts issued two rulings which imposed liability on owners for their failure to
With the economy in decline, construction projects will likely experience an increase in claims as parties attempt to mitigate risk and salvage shrinking profit margins. In such an environment, both owners and contractors should get reacquainted with the law that governs one of the most common disputes between owners and contractors: differing site conditions. Generally, construction professionals accept that traditional site condition clauses control the risk associated with differing site conditions. New York case law, however, calls that conclusion into question. WHITE Over 30 years ago, New York courts issued two rulings which imposed liability on owners for their failure