Differing Site Conditions (DSC) claims have long sat at the intersection of risk allocation, information asymmetry, and pricing uncertainty in construction contracts. This panel will briefly set the doctrinal table—reviewing the traditional Type I and Type II framework—before turning to how modern forces are reshaping what qualifies as a “differing” or “unknown” condition.
The discussion will explore how existing technologies, such as ground‑penetrating radar (GPR), and emerging tools, including AI‑assisted subsurface modeling and data analytics, are shifting expectations regarding site investigation and foreseeability. As technology expands what can be reasonably “known” at bid time, courts and contracting parties alike are being forced to reconsider long‑settled assumptions underlying DSC risk.
The panel will also examine how alternative delivery models—particularly design‑build and public‑private partnerships (P3s)—are recalibrating the traditional allocation of subsurface risk and complicating the application of standard DSC clauses.
Featuring the general counsel of a major general contractor, a senior geotechnical engineer from a leading consulting firm, and two experienced private practice construction attorneys, this session offers a multidisciplinary perspective on where DSC law is headed and how contractors can adapt in an evolving lansdscape.
