Section 8.6 Differing Site Conditions and Other Compensable Changes

• Library: Construction Law 2016 Supp

E. (§8.6) Differing Site Conditions and Other Compensable Changes

Numerous circumstances can give rise to a claim for a compensable change. Some common categories can be identified, e.g., unforeseen or latent conditions, architectural errors, owner-directed changes, delay or disruption, and acceleration.

In Winn-Senter Construction Co. v. Katie Franks, Inc., 816 S.W.2d 943 (Mo. App. W.D. 1991), the contractor was required to perform extra work because of the architect’s failure to specify the necessary plumbing for the construction of a restaurant bar. The owner had also expressly directed changes to the configuration of the bar. The court held that the contractor was entitled to additional compensation, even without written change orders, because the parties had orally agreed to the changes.

Havens Steel Co. v. Randolph Engineering Co., 613 F. Supp. 514 (W.D. Mo. 1985), aff’d, 813 F.2d 186 (8^th Cir. 1987), contains a detailed discussion of the circumstances under which additional compensation for changed conditions will be allowed. In Havens a contractor sued a subcontractor for defective work, and the subcontractor counterclaimed for job interference, work delays, and uncompensated extra work. The court found in favor of the...