Thomas, H R; Smith, G R and Ponderlick, R M (1992) Resolving contract disputes based on differing-site-condition clause. Journal of Construction Engineering and Management, 118(4), pp. 767-779. ISSN 0733-9364
Abstract
This paper describes the important aspects of construction law that relate to differing-site-condition (DSC) disputes and presents a guide for contractors and contract administrators to resolve contract disputes based on the DSC contract clause. Based on research of more than 75 appellate decisions, the paper summarizes the remarkable consistency in case law decisions. Careful examination reveals that courts follow consistent patterns of inquiry. These patterns have been defined in an easy-to-follow flowchart describing the particular inquiry. A narrative containing numerous case citations and synopses accompanies each inquiry. An example, based on an actual case, is included to illustrate the use of the flowchart. The flowchart was tested using 10 other cases, and the outcome using the flowchart was the same as the judicial decision in each instance.
| Item Type: | Article |
|---|---|
| Index terms: | contract administrator, construction law, narrative, case law, dispute |
| Subjects: | practitioner, qualitative and interpretive research, construction law, dispute resolution, legal systems |
| Topics: | Research Practice, Roles and Professions, Legal Issues |
| Descriptive scope: | 3 PCT |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here