![]() No boreholes were sunk prior to excavation but a price had been agreed. In this case Bottoms had undertaken to construct sewerage works near the River Ouse and had intended to use poling boards for the excavation. The common law position dates back to a 19 th century case (Bottoms v York Corporation (1892)). ![]() This article will consider one of the important risks that occur in many construction contracts: the risk that ground conditions on site will be less favourable than those envisaged when the contract was entered into. Over the coming months we will look at themes including: concurrent delay, extension of time/time at large, practical completion, valuation of variations, retention of title and payment notices. Risk allocation and unforeseen ground conditionsįollowing the popularity of the ‘what you need to know’ articles for construction professionals, we have decided to extend this to topics that may arise when a contract is being carried out.
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