Claims for unexpected ground or physical conditions under construction contracts can be challenging. These claims can arise out of a variety of matters, are impacted by the conditions of contract and/or bespoke provisions, site investigation material provided, circumstances arising after the work commenced and how the engineer reacted. This presentation will consider the evolution of ground condition claims, with emphasis on Hong Kong. The presentation will briefly consider the evolution of the allocation of risk for ground conditions; the alternative approaches that have developed for claims for ground conditions, including the physical impossibility argument; and finally consider current contractual provisions which share risk for ground conditions.

Our speaker is:

Nicholas Turner

Nicholas is an International Arbitration expert with 20 years legal experience. He advises clients in international commercial arbitrations related to major infrastructure, energy and process plant projects across Asia, the Middle East and Africa under the DIAC, HKIAC, ICC,…