by Laura Warren and Alexa Hall
Site condition risk is not static. All too often, during the course of construction, contractors encounter subsurface conditions that differ from those set out in information provided by its employer or anticipated in their bids, or come across unforeseeable or undetected site conditions in the field. Such discoveries can cause schedule delays, cost increases and dangerous working, invalidate design assumptions and ultimately pave the way to litigation. One size does not fit all and the site condition risk is unique for each and every project. In the context of site risks, there is no substitute for signing a clear contract which, where possible, identifies such risks, and particularises precisely what the parties should do if they eventuate. …
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