摘要: |
When unanticipated soils are encountered on projects, contractors and owners may find themselves in opposite camps almost immediately. Contractors typically rely on differing site conditions, known as DSC, or changes clauses to seek recovery of excess costs. Owners sometimes rely on disclaimers in the bid documents and other exculpatory clauses alerting bidders that they are not entitled to rely on the information provided and that they bear the risk for any conditions encountered. While disclaimers are intended to shield owners from liability for geo-technical information furnished at bid time, DSC clauses may be at odds with those disclaimers, creating ambiguity. |