Differing conditions emerge in two cases (1) the circumstances faced at site that differs in

material content from the indicated as in contract or (2) the circumstances faced at the site that
show variance materially from the normal encounters. This is known as the physical condition of
the unusual nature that differs materially as compared with ordinary encounters and identifies it
as inherent way to work in for the contractual documents. The accountability is for owner who is
not responsible to satisfy a Type (1) differing side condition claim as long as the conditions are
actually encountered are reasonably unforeseeable depending on the details available to
contractor during time of bidding. Similarly, owner also does not need to satisfy the conditions
of Type (2) differing site condition claim as long as there is reasonable anticipation within the
actual condition found at inspection site following general or inspection experience.

Unforeseen conditions on the other hand emerges due to the changes in environmental statement
that is supplied by the employer during tender stage and comprises of contaminated material that
is much lower n levels of material encountered site. The details in figure (1), are example for
unforeseen condition when a survey of as-built conditions on roadway is observed and the survey
mentions the condition and construction profile of roadway. The unforeseen condition can result
in construction failure or damages in order to locate existing private utilities and these results in
differing conditions to implement in order to bring change in the scope of work of the contractor.

Figure 1
Majority of differing site condition clauses need immediate notice and careful review for the
condition and contractors are accountable for all such conditions. There are prompt notices
provided which are essential to avoid prejudice that can emerge and owner at times when lacks
intelligence to review unforeseen condition determines for itself if condition warrants require
reasonable adjustments.