“Backpocket” Differing Site Condition Check List

A Follow-up from Mark J. Rice’s Article ‘Differing Site Conditions’ Issue 30-1. Adapted from Federal Acquisition Regulations, 32.236-2 of FAR.

TYPE I – DIFFERING SITE CONDITION (DSC) 


A type I condition requires that a subsurface condition was encountered which differed materially from what was indicated in the contract documents.
The contract documents must contain some indication of conditions to be expected and the actual conditions must vary from that indication.
Express Indications: Boring locations, ground elevations, logs, subsurface investigation reports, ground water levels, foundation investigation reports.
General Design Indications: Inferences that can reasonably be made from reading the plans and specifications.