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GeoConSol
Geotechnical & Tunnel Consultants

A consultant is a universal observer who can look at a problem outside the environment in which the problem came to be, thereby creating a solution that was never possible before.  Fernando Flores

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EXPERT / FORENSIC SERVICES
DIFFERING SITE CONDITIONS
-->DSC Technical Principles
-->DSC Standards for Entitlement
-->DSC Independent Review
-->DSC Case Histories
-->Case History of a Bogus Expert
GEOTECHNICAL / CONSTRUCTION
-->Rock Testing/Boreability
-->Impact Hammer Feasibility
ARTICLES / PUBLICATIONS
TUNNELS / TUNNELING
-->Tunnel Boring
-->Excavation Improvement
-->Microtunneling/Pipe-Jacking
-->Selection of TBMs & MTBMs
-->Forensic Investigations
-->Safety
-->Detection of Covert Tunnels
CLIENTS
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Peter J. Tarkoy
differing site condition clause

Differing Site Conditions
Technical Principles for Entitlement

  1. There must be a difference demonstrable between: 

     

    • reasonable indicated (anticipated) and 

    • well documented encountered conditions;

     

  2. There must be a difference demonstrable between: 

     

    • reasonable anticipated and 

    • well documented encountered construction performance;

     

  3. There must be a cause-and-effect relationship demonstrable between: 

     

    • differences in conditions and 

    • differences in construction performance;

     

  4. There must be a demonstrable impact in time & space on costs;

  1. All contract conditions must be fulfilled: 

     

    • reliance, 

    • notice, and

    • mitigation;

     

  2. No other factors (self inflicted) can have caused the difference between anticipated and encountered performance.

ALL the foregoing elements are required to establish entitlement for a differing site condition claim. 

These elements are best prescribed in the contract in association with the differing site condition clause. 

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