承包商的施工沟纹的克星e can be unforeseen subsurface and other site conditions. Commonly referred to as changed or differing site conditions, they can cause both increased cost and time impacts, often early in a project’s life.

Differing site condition provisions can afford a contractor relief if certain prerequisites are satisfied. Nevertheless, many contracts also include broad exculpatory disclaimers that insulate the owner from liability, transferring the onus to the contractor. For example, owner provided soil borings may be labeled preliminary, or for information or convenience only, leaving contractors totally responsible for their own pre-bid site investigations, and cautioned not to rely on any owner furnished site information. Faced with such foreboding contractual language, a bidding contractor may conclude that those words mean what they say, notwithstanding any differing site condition provisions, thereby precluding recovery entitlement in such circumstances. What relief, then, if any, is available to a contractor in that situation?

A fundamental principle here was succinctly stated many years ago by an eminent construction law attorney, in a celebrated speech to a group of engineers, concerning contract provisions which seemingly bar contractor damages for delay. In discussing the difference between an engineer’s reading of contract “facts” that mean what they say, and a lawyer’s reading of the same contract, but mindful of well-established rule of law exceptions to be taken into account, he concluded that “it ain’t necessarily so.”

As a general proposition, which can vary between jurisdictions as well as between government and private owner contracts, this principle also applies to disclaimers of responsibility for owner furnished pre-bid information. Those disclaimers are generally not favored by courts and boards, provided that the bidding contractor has made all contractually required andreasonable在其自己的竞标前调查中进行的努力。这可能包括参加预定的竞标会议和现场演练；检查土壤样品和钻机的原木，如果从所有者那里获得；承包商的物理现场检查和可行的适当测量；对先前现场调查的土壤钻孔，计划和其他文件进行检查，但没有被纳入合同文件中；对现场运营的记录进行了审查，也许可以纳入现有结构的计划。

However, reasonable site investigation standards for contractors generally do not include detailed subsurface borings or coring into structures. This is particularly so when considering the limited period contractors are allowed to prepare their bids (which may also include impermissible site access to an in-use facility). The contrast is striking when comparing the many months to several years available to owners for their own site investigations, testing and analyses, with technical consultants, leading to the final design found in the bid documents. That hardly could be deemed a level playing field for site investigation, by any objective measure.

Some illustrations from the author’s experience underscore owner extreme positions on contractor pre-bid site investigation responsibilities and the predictable outcomes:

A 150 Year Old Map Showing Underground Stream Below the Site

Foundation construction issues in a case arose from an undisclosed water layer trapped under pressure in the soils to be excavated, and known as an artesian condition which, when penetrated by excavation, created a flooded site due to the water pressure release. The owner’s engineer unsuccessfully argued that an old survey map of Manhattan Island showed an underground stream near the location of this site. The contention was that the contractor should have so determined through its pre-bid site investigation, albeit that such 150 year old document was not referenced by the owner as an available source of information, nor was there any indication of such water condition in the contract documents. The suggestion to locate a century old map was recognized as an unreasonable burden for contractor pre-bid site investigation.

Existing Nests of Boulders Disappeared from Soil Boring Logs

Construction of a deep water tunnel shaft, utilizing driven brine pipes to freeze the soil, was stymied by the presence of nests of boulders. While not at all shown on the owner’s furnished soil boring logs, the nests were evident from earlier driller’s logs, required to be incorporated in the boring logs. An owner’s position was unavailing that pre-bid site investigation would have revealed that omission, since the contractor rightfully relied upon the expected inclusion of driller log data in those boring logs.

Pre-Bid Roadway Deck Coring Not Possible under Live Traffic Conditions

A contractor’s encountering of a much thicker than contemplated concrete deck to be replaced on an existing bus terminal ramp led to an owner engineer’s argument that prudent pre-bid site investigation should have included deck coring, which would have disclosed that existing condition to be factored into the contractor’s bid. Aside from the limited bid period making such site investigation impractical, the site was an active bus roadway and, hence, no site access until the contract was awarded. Recovery of the additional costs for this unforeseen site condition was the predictable outcome.

显然，本文并非目的，也不能够解决与所有者免责声明和剥夺合同规定面临的公共和私人项目的不同州和联邦论坛中的潜在不同结果，以此作为反对不可预见的现场条件规定的盾牌。18luck官网这种个人分析还必须考虑所需和合理的承包商预投标现场调查的程度actually undertaken。总而言之，读者应该认识到，对于不可预见的现场条件，这种看似强大的合同栏，不要自动从救济中造成承包商的排除，因为“不一定是如此”！

Jack S. Kannry，Esq。P.E.是Warshaw Burstein，LLP的纽约市律师事务所的建筑法律集团的合伙人和主席。他可以接触到jkannry@wbcsk.com