By Tim Gordon
URS Group, Inc. v. Tetra Tech FW, Inc. (Colo. App. 2008)
The Colorado Court of Appeals addresses in detail the elements of, and defenses against, a Type-I differing site conditions claim.
URS was the winning remediation subcontractor for a U.S. Army cleanup project managed by Tetra Tech FW, Inc. (TTFW). After beginning demolition, URS encountered problems removing the foundations, and claimed that the conditions encountered were not as represented in the request for proposal. So URS submitted a contract change notification, seeking $9,166.925 in additional costs. TTFW rejected the claim, and URS sued.