Unforeseeable Ground Conditions In Construction Claims

Introduction¹

Construction is an inherently risky business. Each project is unique and delivers a diverse range of infrastructure and buildings. The type of work involved in such projects is different as are the locations where these projects are executed. Furthermore, the contract terms applicable to the project are likely to be specific to that project.

One thing most construction projects have in common is that they are built on the ground and the properties and conditions of that ground are of utmost importance from a construction perspective. If the ground conditions are not known or are not as expected this is a significant risk to the project programme and budget.

The ground condition risk may belong to the contractor or the client. Alternatively, it may be allocated between them. The approach taken will depend primarily on how that risk has been apportioned under the contract, although certain jurisdictions have mandatory statutory provisions which will