Construction is inherently risky due to the unique nature of each project and the diverse range of infrastructure and buildings they deliver. The work involved in these projects varies significantly, as do the locations where they are executed. Additionally, the contract terms for each project are often specific to that endeavour.
One common factor in most construction projects is that they are built on the ground, making the properties and conditions of that ground critically important. Unknown or unexpected ground conditions pose a significant risk to the project’s schedule and budget.
Responsibility for ground condition risk may fall on the contractor, the client, or be shared between them. The allocation of this risk is primarily determined by the contract terms, though certain jurisdictions may have mandatory statutory provisions that influence this allocation.
Determining whether the actual ground conditions at a site differ from what should have been foreseen can be straightforward, but more often, it is open to interpretation. This ambiguity can lead to disputes between parties.
Beyond establishing which party bears the risk of unforeseen ground conditions and whether a risk event has occurred, it is also crucial to assess whether the actual conditions have impacted the project’s timeline or costs.
For more guidance, advice or help with any Geotechnical Dispute, please contact Phil Wilson at Wilgeo Geotechnical Expert Witness.