There are two types of differing site conditions; Type I and Type II.
To recover for a Type I differing site condition, a contractor must prove that:
- The contract indicated a particular site condition;
- The contractor reasonably interpreted and relied on the indications;
- The contractor encountered latent or subsurface conditions which differed materially from those indicated in the contract; and
- The claimed costs were attributable solely to the differing site conditions.
To recover for a Type II differing site condition, a contractor must prove that:
- The conditions encountered were unusual physical conditions unknown at the time of contract award; and
- The conditions differed materially from those ordinarily encountered.
The contractor must prove its differing site conditions damages.