Execution:

During excavation for the project foundations, the earthwork subcontractor discovered an old water line covered in asbestos insulation. The asbestos-covered water line did not appear on any of the drawings, but earthwork subcontractor believes the University could argue that something of that sort could have been expected knowing that the site used to be used as an old metal foundry. The earthwork subcontractor, not wanting to risk any further delay, and not sure whether they can claim this as a differing site condition, informed their excavation team to wrap the line in plastic and remove it without notifying the Construction Manager. The line was removed by plainclothed workers after wrapping it in plastic, and was disposed of without notifying the CM. The CM discovered after the fact that the sub did not require their workers to wear hazmat suits while disposing of the asbestos-insulated pipe, and that they had failed to notify them of the event.

Questions to answer below

• Does this incident count as a Differing Site Condition? What are the ramifications?
• How should the Owner and CM respond? Please elaborate.