Evaluation of Differing Subsurface Ground Conditions in Construction Contracts
Publication: Journal of Professional Issues in Engineering Education and Practice
Volume 133, Issue 1
Abstract
Subsurface ground conditions present a big factor of uncertainty in a construction project. It is difficult to determine subsurface ground conditions even with a prebid site investigation. Nevertheless, such conditions must be included in the bid price. Due to this uncertainty, claims arise during the construction of a project. Many claims end up in litigation. This paper presents an analysis of legal cases dealing with differing subsurface ground conditions in construction contracts. By creating a database containing salient features from legal cases related to subsurface ground conditions, this research identifies the most important factors influencing the outcome of legal cases pertaining to subsurface ground conditions. Further, the most commonly used arguments by the litigating parties and the precedent cases supporting them are identified and categorized.
Get full access to this article
View all available purchase options and get full access to this article.
References
Halligan, D. W., Hester, W. T., and Thomas, H. R. (1987). “Managing unforeseen site conditions.” J. Constr. Eng. Manage., 113(2), 273–287.
Kendall, R. J. (1967). “Changed conditions as misrepresentation in government construction contracts.” George Washington Law Review, 35(6), 978–987.
Stubbs, J. (1983). “Differing site conditions: Contractor’s reliance on government test boring information.” Air force Law Review 1982–1983, 23(1), 147–155.
Information & Authors
Information
Published In
Copyright
© 2007 ASCE.
History
Received: Jun 5, 2006
Accepted: Oct 3, 2006
Published online: Jan 1, 2007
Published in print: Jan 2007
Authors
Metrics & Citations
Metrics
Citations
Download citation
If you have the appropriate software installed, you can download article citation data to the citation manager of your choice. Simply select your manager software from the list below and click Download.