Recovering Under a Type II Differing Site Conditions Claim

The Differing Site Conditions clause at Federal Acquisition Regulation (FAR) 52.236-2 is typically included in construction contracts to discourage contractors from inflating their proposed prices on account of unexpected physical conditions that may not arise. There are two types of differing site conditions claims contemplated under the clause. In a type I claim, the conditions encountered by the contractor differ materially from those indicated in the contract. On the other hand, in a type II …