In late 2019, the Washington State Department of Transportation and Seattle Tunnel Partners (STP) engaged in a nine-week trial of claims arising from construction of the new State Route 99 tunnel under downtown Seattle. One major issue for the jury was whether STP had encountered “differing site conditions” – unknown underground conditions that differ materially from those set forth in the contract documents. In my latest article for the Daily Journal of Commerce, I outline the legal background of the trial and for the jury’s conclusion that obstacles encountered during the project did not constitute a differing site condition. Read the full article here.
Originally published as “‘Differing site conditions’ and Seattle tunnel project litigation” by the Daily Journal of Commerce, March 19, 2020.