Some state Departments of Transportation (DOTs) believe the Site Investigation clause trumps the Differing Site Condition clause and payment at unit prices for overruns caused by differing site conditions is appropriate. The Virginia Supreme Court reiterated the points in Asphalt Roads and Materials Co. Inc. v. Commonwealth of Virginia, Department of Transportation, et al, 512 S.E.2d 804 (Va. 1999). In June 1992, the Virginia DOT (VDOT) awarded a contract to Asphalt Roads to widen a section of Landstown Road in Virginia Beach. During excavation, VDOT's inspector required Asphalt Roads' subcontractor to remove a substantially greater quantity of unsuitable soil and replace it with borrow. Asphalt Roads filed suit against VDOT seeking additional compensation for the excess unsuitable material that was removed and for the borrow used to backfill utility pipes. The trial court held that the contractor was entitled to payment for the borrow at the contract-stated unit price of $6.18 and $11.16 per cu yd, the unit price stated in the contract for the disposal of unsuitable materials. On VDOT's appeal, the Court of Appeals reversed the portion of the judgment awarding the additional compensation. That decision was in turn appealed to the Virginia Supreme Court. The court concluded the contractor was entitled to additional compensation on both counts.

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  • Corporate Authors:

    Scranton Gillette Communications

    380 E Northwest Highway, Suite 200
    Des Planes, IL  United States  60016-2282
  • Authors:
    • Parvin, C
  • Publication Date: 2000-7


  • English

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Filing Info

  • Accession Number: 00797254
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Aug 25 2000 12:00AM