Beware what lies beneath: Latent conditions and the experienced contractor test

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Encountering latent conditions on major civil engineering projects can give rise to challenging technical and commercial consequences, particularly when it comes to identifying responsibility for the time and cost of overcoming them. Disputes about site conditions have also become prevalent in recent years, as projects become more complex and the arrangements used to allocate the risk of latent conditions continue to evolve.

It is common for modern construction contracts to call for the assessment of conditions actually encountered against a standard of what could reasonably have been foreseen or anticipated by an experienced (or competent) contractor at the time of tender: known as the ‘experienced contractor test’.

In this seminar, experienced arbitrator and barrister Gordon Smith will discuss several standard form contracts which include this test for latent conditions, and highlight recent Australian and international cases which involved foundational / soil failures. Katie Mead, a partner of Jones Day, will add some practical tips for dealing with latent conditions claims.

The event will formally commence at 5:30 pm AWST. There will be time for attendees to ask questions at the conclusion of the discussion, followed by networking drinks.

More information is available on the flyer below.

This is an in person event only.  There is no online attendance option.