Undiscovered Native American archaeological sites can exist anywhere in the state. The glaciers that created the Great Lakes can leave high concentrations of boulders in the sculpted bedrock and other significant soil variations at construction sites. Even with adequate soil borings, no one has X-ray eyes and can guarantee that differing site condition problems won't adversely affect a project once construction begins.
At the law firm of Deneweth, Dugan & Parfitt in Troy, Michigan, we assist clients throughout the construction industry in resolving a broad range of legal problems. From drafting and reviewing contracts to surety bond claims and dispute resolution, our experienced construction law attorneys can help land and project owners, architects, engineers and contractors find fair ways to deal with concealed site conditions. Contact us online to learn more.
Equitable Solutions to Concealed Site Problems
With differing site conditions, it is important to find an equitable adjustment to the construction contract for any latent subsurface conditions that are discovered.
Our firm's lawyers understand the need for differing site condition clauses based on Federal Acquisition Regulations and are well versed in Michigan's Differing Site Conditions laws involving:
- Written notice requirement for contractors
- Owner's duty to investigate the site
- Dispute resolution through arbitration
- Highway contracts for roads and bridges
- Other contracts between owners and contractors
Everyone involved in a construction project has rights and wishes to protect his or her investment. If a public owner or its engineer attempts to exclude different site conditions claims from a contract for public work over $75,000, Michigan law supersedes the exclusion and incorporates a differing site condition provision to provide for an equitable adjustment to the contract price.
Contact Our Michigan Attorneys
Deneweth, Dugan & Parfitt is committed to the successful completion of your construction project. Whether you face a conflict over differing site conditions or another construction concern, contact us online to schedule an appointment to discuss your legal options.