The advent of and increasing use of 3-D building information modeling is taking much of the guess work out of a variety of different types of construction. For example, through BIM, the structural steel, electrical, HVAC, plumbing, fire sprinkler and communications subtrades can all determine whether the new and existing utilities, beams, piping and conduits are going to run into each other or not. Accordingly, there should be less in the way of differing site condition claims as between those subtrades if BIM is in use. However, BIM has only been used in the most complex and high-dollar construction projects to date as the investment, both for the initial start up costs in software and training, and in the data input is not insignificant. Accordingly, for those projects that are not using BIM, differing site condition claims continue to be an issue of serious magnitude. Moreover, BIM cannot solve issues such as unexpected soils issues, native burial sites, endangered species, severe weather conditions, or underground utilities not previous documented, to name a few. Accordingly, the issue of differing site conditions continues to be a major source of claims activity during and after many construction projects. This teleconference will discuss the various scenarios involving differing site condition claims and how the construction industry deals with those claims, both via contract and in the courts. By attending, you will be more prepared to keep on the look-out for those situations where differing site conditions claims might arise and understand what your various rights and remedies might be, whether you are an owner, general contractor or subcontractor.

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