If there is an exculpatory clause protecting the Owner, key for the Contractor in resolving a Differing Site Condition favorably will be
A) how much the Differing Site Condition will cost
B) the reasonableness of the Owner
C) on whose side the Architect is
D) exculpatory clauses that favor the Contractor

Question

Quizplus · Accepted Answer

A key factor in resolving a Differing Site Condition favorably for the Contractor is the reasonableness of the Owner. Even if there is an exculpatory clause protecting the Owner, the Contractor may still be able to negotiate a better outcome if the Owner is willing to be reasonable and work towards a mutually beneficial solution. The cost of the Differing Site Condition and the presence of exculpatory clauses favoring the Contractor are also important factors, but the reasonableness of the Owner is ultimately the most significant factor in resolving the issue. The Architect's position may also be important, but it is not the key factor in resolving the Differing Site Condition.

If There Is an Exculpatory Clause Protecting the Owner, Key