Risk of Differing Site Condition Not Shifted to Contractor
On February 8, 2011,
in Newsletter Article,
by Kent Holland
Contract provisions requiring contractors to perform site investigation and inspection prior to bidding did not impose the risk of subsurface conditions on the contractor, and therefore, did not preclude a claim for equitable adjustment. When the contractor began work it discovered a deep scour hole in the river bottom that prevented it from building cofferdams [...]


