Unforeseen difficult ground conditions are commonly encountered during the life of a construction project. If the construction contract does not adequately provide a mechanism to deal with such circumstances, the contractor may incur considerable increases in its costs. It is therefore necessary to identify how a construction contract can be designed to deal with circumstances where unforeseen difficult ground conditions are encountered by the contractor and, where an appropriate mechanism is not provided in the contract, the recourse a contractor may have under the general law and statute to recover additional costs incurred as a consequence of difficult ground conditions.
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