Differing Site Conditions Clauses: Part V

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Under the Hendry decision mentioned in Part IV, the contractor was not able to recover an equitable adjustment to the contract price when the contractor discovered that the bridge pilings to be removed were wood, rather than concrete as anticipated.  The contractor was denied additional compensation despite the fact that the owner had in its possession plans from when the original pilings were installed showing that the piles were wood.  The contractor argued that the owner had misrepresented the true site conditions by failing to disclose all of the information to the bidders.  There are additional facts unique to the Hendry case that help explain why the court denied any recovery, but the case can still be cited for the proposition that a public owner in Florida does not have the duty to disclose superior knowledge regarding site conditions as long as the owner has not misrepresented the conditions to be encountered. 

Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278
Location: 100 S Ashley Dr #1300, Tampa, FL 33602, USA

Comments

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