Recent Canadian Judgment Highlights the Importance of the Allocation of Ground Condition Risk

Brad Gould Trucking & Excavating Ltd v Bird Construction Co, 2015 NBCA 47

The Canadian law firm, Bennett Jones LLP, comment as follows:

“Claims for differing site conditions are a common source of claims on construction projects. It is therefore critical that in addition to carefully reviewing and understanding the allocation of risk in the contract, contractors must engage the necessary experts to ensure they properly review and understand all geotechnical reports. A failure to do so may result in a significant, non-compensable expense.”

Their case note may be seen HERE

The full judgment of the New Brunswick Court of Appeal may  be seen HERE

JSF

09.12.15

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