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An Example: Clause 1（DSC）: additional compensation for DSC Clause 2（Disclaimer）: the subs ______ on the boring logs Court: DSC takes precedence

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Missing DSC can be dangerous: No right of unless a differing site conditions exists Thus, the right to relief based on DSC is not an right：Inexperienced contractors may assume to receive extra cost and time automatically – however, courts place the risk on contractors given the absence of the DSC clause

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MULTIEMPLOYER WORK SITES DEFINED by OSHA Four categories of employers employer. employer. employer. employer.

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No-damages-for-delay clauses (NDD) Limited to an EOT but no cost adjustment EVEN in instances where the owner’s acts or failure to act (An ______ clause) Judicial attitudes on NDD: mixed

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Which one of the following items is NOT an element for the establishment of type I (one) differing site condition (DSC).

A. Two geological conditions on the same site are generically different.
B. The contract documents must be specific about the geological condition.
C. The actual condition materially differs from the condition stipulated in the contract.

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An Example: Clause 1（DSC）: additional compensation for DSC Clause 2（Disclaimer）: the subs ______ on the boring logs Court: DSC takes precedence

MULTIEMPLOYER WORK SITES DEFINED by OSHA Four categories of employers______ employer.______ employer. ______ employer. ______ employer.

No-damages-for-delay clauses (NDD) Limited to an EOT but no cost adjustment EVEN in instances where the owner’s acts or failure to act (An ______ clause) Judicial attitudes on NDD: mixed

Which one of the following items is NOT an element for the establishment of type I (one) differing site condition (DSC).

MULTIEMPLOYER WORK SITES DEFINED by OSHA Four categories of employers employer. employer. employer. employer.