Adverse Physical Conditions & The Experienced Contractor
2014, Paperback, 132 pp., Delft Academic Press, ISBN: 97890-6562-327-0
Unforeseeable adverse conditions remain a risk factor and this concise book gives the contractors and their clients a good guideline for managing difficult circumstances. From the perspective of the major international dredging contractors, the dire consequences of encountering “adverse physical conditions” during a dredging project have long been obvious. Also obvious has been the lack of literature examining the “unforeseeability”of these conditions from an engineering and contractual perspective. This book aims to assist those practitioners who have to formulate, manage or otherwise wish to avoid claims for adverse physical conditions on marine infrastructure projects. Not all physical conditions of the site will be discovered until the operations are actually underway. And once they are encountered, these adverse physical conditions can be the source of costly conflicts. Even though, with hindsight, most are found to be unforeseeable and unavoidable. How can we best deal with these unforeseeable conditions? How can contractors and clients avoid lawyers, claims and recourse to the courts to solve disputes? All these subjects are touched upon in David Kinlan’s book.