Construction focus: On dangerous ground

Charlotte Mashhoudy considers case law, standard form construction contracts and the ways in which parties can mitigate the risk associated with unforeseen site conditions A clear understanding from the outset as to the commercial position regarding site conditions and risk allocation should help to prevent disputes between employer and contractor. The term ‘site conditions’ is …
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Cases Referenced

  • Bacal Construction (Midlands) Ltd v Northampton Development Corporation (1976) 1 WLUK 5 8 BLR 88
  • Howard Marine v Ogden [1978] Q.B.574; [1978] 2 W.L.R. 515; [1978] 2 All.E.R. 1134
  • Obrascon Huarte Lain SA v Attorney General for Gibraltar [2015] EWCA Civ 71
  • Van Oord UK Ltd and another v Allseas UK Ltd [2015] EWHC 3074 (TCC)