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Focus (Forum & Focus)

May 8, 2007

Owning What's Unforeseen

Focus Column - By Bernard S. Kamine - A legislative change and an appellate opinion together mean the changed-conditions clauses in construction contracts will do their job.

FOCUS COLUMN

By Bernard S. Kamine

      Two recent developments have strengthened the statutory requirement for a "differing-site-conditions clause" in local-agency construction contracts. One is an amendment to the statute, Public Contract Code Section 7104. The other is a Court of Appeal decision.
      Together, they assure that the differing-site-conditions clause is more likely to achieve its g...

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