Extras and Differing Site Conditions

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A contractor was denied extras for differences in soil composition because the construction contract provided that the contractor could test the soil.  The court held that the contractor had the opportunity to determine the soil conditions but failed to properly do so.  Bumby & Stimpson, Inc. v. Peninsula Utilities Corp., 169 So.2d 499 (Fla. 3d DCA 1964).

Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278

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