Differing Site Conditions: Part III
Many owners do attempt to place some of the risk of unforeseen conditions on the contractor by including a provision in the bid documents stating that the bidder has investigated the site and is satisfied that the bidder has identified all conditions that may affect the performance of the work. A thorough discussion of the efficacy of such clauses is beyond the scope of this post, but suffice it to say that courts recognize that all conditions can not be identified prior to the bid. The duty of a bidder to conduct a site inspection generally does not obligate the contractor to discover hidden conditions or those that would not be discovered via a reasonable investigation which is appropriate to the time given. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com