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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Thursday, September 25, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

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MSRP
$297.00
$247.00
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Discount expires 8/19/25

This course is $0 with these passes:

CLE
ALL

This CLE webinar will take a close look at litigating differing site conditions claims in construction projects. The panel will examine under what circumstances these claims may arise, what factors make for a successful claim, and available defenses. The panel will also address how to mitigate the risk of differing site conditions claims, including through carefully drafted contractual provisions.

Faculty

Scott D. Cahalan
Partner
Smith Gambrell Russell

Mr. Cahalan has substantial experience representing owners, contractors, subcontractors, engineers, architects, suppliers, manufacturers and vendors in connection with construction, commercial and other business matters. His practice primarily consists of drafting and reviewing construction contracts, providing advice during construction and construction litigation, arbitration and mediation. Mr. Cahalan was the primary drafter of the Associated Owners and Developers’ AOD 2002 – Standard Form of Agreement Between Owner and Contractor Where the Price Is Fixed or Lump Sum, and the Associated Owners and Developers’ AOD 2003 – Standard Form of Agreement Between Owner and Contractor for Work on a Cost Plus Fee Basis With a Guaranteed Maximum Price. He has also given numerous seminars throughout the U.S. and Europe concerning construction contracts, implied contract obligations, claims, green building, construction insurance, and mechanics lien law. Since 2010, Mr. Cahalan has been an instructor at the Georgia Institute of Technology where he teaches Design and Construction Law.

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Description

A differing site conditions claim may arise in a construction project when an unexpected or unknown physical condition at the construction site is discovered that differs materially from either the conditions indicated in the contract documents or from conditions reasonably discoverable prior to contract. A differing site condition will often cause the contractor to be delayed or to incur additional costs, giving rise to the claim.

Construction litigators, whether representing contractors or owners, should understand what factors make for successful differing site conditions claims and how to best defend against such claims. Additionally, counsel should know how to mitigate the risk of these claims, including through carefully negotiated contractual provisions to protect their clients' interests.

Listen as our expert panel examines litigating differing site conditions claims in construction projects, available defenses and litigation strategies, and how to mitigate the risk of these claims.

Outline

I. Introduction

A. Overview of differing site conditions

1. Type I

2. Type II

B. Examples of site conditions that may qualify

C. Potential consequences to the parties

II. Litigation strategies for differing site conditions claims

A. Factors for making a successful claim

B. Defenses

C. Lessons learned from recent cases

III. Mitigating litigation risk

A. Contract provisions

B. Other

IV. Practitioner takeaways


Benefits

The panel will review these and other important issues:

  • What circumstances may arise in construction projects that qualify as "differing site conditions?"
  • What challenges do differing site conditions raise for contractors? Owners?
  • What factors make for a successful differing site conditions claim? What are available defenses?
  • What contractual provisions may help mitigate the risk of these claims?