SUBSURFACE INFORMATION IN CONTRACT DOCUMENTS--THE RIGHTS AND LEGAL RESPONSIBILITIES OF OWNERS, ENGINEERS AND CONTRACTORS

This report reviews the legal consequences that have arisen from the problem that borings provide inadequate information as to what will be encountered and in what order of magnitude during subsurface excavation. In summary, it is pointed out that if an unkown subsurface condition of an unusual nature is encountered, and if the contractor was not sufficiently alerted by the contract, by his own background, or by other circumstances which should have made him aware, he will be entitled to an equitable adjustment. The kind of contract warning which will be sufficient to bar an adjustment involves a specific and detailed description, not generalized or generic statements. The information must be of such a nature that a reasonable contractor would have been alerted to the possible danger.

  • Supplemental Notes:
    • This paper was presented at the meeting of the Geotechnical Section of BSCE on January 16, 1974.
  • Corporate Authors:

    Boston Society of Civil Engineers

    230 Boyston Street
    Boston, MA  USA  02116
  • Authors:
    • Snyder, H
  • Publication Date: 1974-1

Media Info

Subject/Index Terms

Filing Info

  • Accession Number: 00261646
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Oct 22 1974 12:00AM