Which party bears the time and cost risk of unforeseen ground conditions?
The executed contract allocates the risk. Some forms place unforeseen physical-condition risk on the employer subject to defined thresholds and procedure; others place it on the contractor or provide no express relief.
Read the express ground-risk allocation before asking whether the condition was unforeseen
Identify the physical condition, the contractual definition, the foreseeability standard, information deemed available, inspection obligations and notice procedure. A lump-sum or remeasurement label does not itself decide entitlement. Where the contractor assumed the risk, unexpected rock or weak ground may remain its cost. Where the employer bears defined unforeseen-condition risk, the contractor must prove that an experienced contractor could not reasonably have allowed for the condition and that compliant notice, mitigation, time and cost evidence exist.
| Issue | Position |
|---|---|
| Express contractor risk | Condition remains contractor responsibility subject to exceptions |
| Express employer risk | Apply definition, foreseeability and notice tests |
| Contract silent | Construction and governing law determine allocation |
| Site information | Check accuracy, reliance and deemed-knowledge clauses |
| Foreseeability | Assess what an experienced contractor should have allowed for |
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