How to dig yourself out of a hole

By Ryan Fordham 2019-03-08T14:48:00

Ryan Fordham compares approaches to the risk of encountering unforeseen ground conditions

Key risks in construction contracts are being closely examined as a result of the ongoing Brexit uncertainty so that they can be effectively managed and priced accurately to ensure the commercial viability of projects. One of these is the risk of encountering unforeseen ground conditions. Standard forms differ greatly in their approach to allocating this risk, including one that does not expressly deal with it at all. A number have also released new editions of their design and build contracts over the past couple of years, and with construction activity falling last month and insolvencies on the rise across the industry, it is a good time to take stock so that the legal consequences of this risk (at least) are foreseeable.

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