Differing Site Conditions Clauses Part I

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Most, but not all, construction contracts contain clauses commonly refereed to as a “Differing Site Conditions Clause” and/or a “Changed Conditions Clause” that will allow the contractor to obtain additional compensation and time if a differing site condition is encountered.  Be aware, however, that there are public contracts in use in Florida that on their face do not allow for an equitable adjustment when a differing site condition is encountered.  If the contract documents do not contain the typical clauses mentioned above, then the contractor’s ability to recover additional time and money may be in jeopardy (and ultimately determined by the creativity of the contractor and its lawyer).


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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