Differing Site Condition Elements AppliedGarrett Miller
June 25, 2010 — 360 views
Under the Federal Acquisition Regulation, the Differing Site Conditions clause at FAR § 52.236-2 is a mandatory clause in most fixed-price federal government contracts. This provision operates to shift the risk of certain unforeseen physical conditions to the government. As discussed in Chapter 7 of Smith Currie’s Federal Government Construction Contracts (John Wiley & Sons, 2008), the basic tests to establish entitlement to relief under that clause are well established.