Hidden Conditions: Dealing With the Unexpected Part 2
This article precludes are two-part discussion about dealing with hidden conditions on construction job-sites. In this part, we’ll talk about avoiding liabilities and drafting the contract. Visit Part 1 to read the first part of the article.
Ways to Avoid Liability
Some ways owners can avoid liability by ensuring they make known all conditions before bid submissions, limiting reimbursement, and understanding how risks of unknown site conditions will be handled. Some ways contractors can avoid liability are to thoroughly read their contract and understand the risks they are taking on, do their own due diligence to discover hidden conditions by performing a site inspection with detailed records, report discovered conditions and refrain from beginning or continuing any work on the project until the proper authority has taken steps to mitigate the condition. If not resolved, parties will end up pursuing some form of dispute resolution. This is where the counsel of a Jacksonville construction litigation attorney will be a great asset.
Drafting the Contract
Drafting a strong contract is the best way to guarantee the responsible party takes care of the obligation. It is the first line of defense for avoiding liability. A Jacksonville construction lawyer understands the intricacies of contract law and knows that language used can make or break a contract.
Adding a differing site condition clause ensures contractors will perform work that is typical of the project, provides remedy and adjustments for unforeseen conditions that arise during the project. Without this type of clause, contractors are usually held liable since it is generally surmised that they should have known about the condition through an inspection process and examining the job-site before they submit a bid.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.