When Pre-Bid Information Turns Out to Be Wrong
When conditions are encountered on a construction project that are contrary to the information provided to bidders, the parties’ contract should provide a roadmap for how the parties ought to proceed, writes Timothy W. Gordon, a partner in Holland & Hart, in an article published on Lexology.com. When the parties’ contract is silent on the issue, the price of contracting increases, uncertainty arises, and the likelihood of disputes increases.
His article includes sections titled:
- Why Have A Differing Site Conditions Clause?
- What If There Is No Differing Site Conditions Clause?
- What About Public Projects?
- What About Exculpatory Clauses?
