Published Resources Details
Journal Article
- Title
- Contractual aspects of latent conditions in tunnelling
- In
- Civil Engineering Transactions
- Imprint
- vol. CE18, no. 2, 1976, pp. 158-161
- ISBN/ISSN
- 0020-3297
- Description
Paper No.3556 submitted by the author on 20 April, 1976. Professor J. M. Antill, FIEAust, is Consulting Construction Engineer, Sydney, and Visiting Professor of Civil Engineering, University of New South Wales.
- Abstract
A summary of the law of contract is followed by a short review of the risks encountered in tunnelling. Arguments for and against expecting that contractors bear these risks are followed by a discussion on the distribution of such risks between the parties and the types of risks which it is reasonable to ask a contractor to carry. This leads directly to the proposition that an equitable latent conditions clause should be included in tunnel contracts.
Latent conditions are then defined, and a number of typical current clauses are quoted and examined, thus demonstrating the various problems which both an engineer and an arbitrator will encounter in the administration of such clauses. This gives rise to the suggestion than an alternative approach deserves consideration : inclusion in the contract of a detailed description of the risk and the addition to the bill of quantities of provisional items to enable the contractor to put a price upon the risk in case it eventuates.
In conclusion, a succinct latent conditions clause for use in tunnel contracts is presented, but a plea is made for the alternative use of provisional items to induce better site investigations and thus minimise potential risks in tunnelling work.