Differing Site Conditions Clause
Generally, construction contracts include a differing site conditions clause which allows the government to issue an equitable adjustment to a contractor if the contractor provides prompt, written notice of a differing site condition.
The Differing Site Conditions clause covers only conditions existing at the time of contract award; not acts of nature occurring after award.
If the claiming contractor could have discovered the conditions during a reasonable site investigation, then the contractor may not recover.
A contractor cannot recover if it created the differing site condition.