Evaluation of Differing Subsurface Ground Conditions in Construction Contracts

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.