Big risks in construction projects, and are seen on a regular basis, are issues regarding site conditions or soil conditions.
There are various types of provisions in this regard and our speaker goes through a few of them. An owner may provide its own soils and site reports, and assume responsibility for the accuracy of those reports in a “differing site conditions” clause. This clause under those circumstances permits a contractor to base its bid on site information provided by the owner, with the understanding that if site conditions are materially different than those reasonably indicated by the site reports, the contractor can seek an increase in the contract price. However, the contractor can be presumed to have read and know the contents of the reports furnished by the owner, even if they are not physically provided to the contractor.
John A. Snow
Parsons Behle & Latimer
- Attorney with Parsons Behle & Latimer, Salt Lake City, Utah
- Practice consists of general civil litigation, including commercial, professional malpractice, construction, and insurance coverage and defense
- Designated in The Best Lawyers in America as Lawyer of the Year in litigation, real estate, and construction law; and designated in the areas of practice of legal malpractice defense, commercial litigation, and construction
- Designated in Utah Business magazine’s Utah Legal Elite in the areas of business and civil litigation and construction law and as a Super Lawyer in the Mountain States in Super Lawyer Magazine
- Chair of the Ethics Advisory Opinion Committee of the Utah State Bar
- Can be contacted at [email protected] or 801-536-6772
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