The basic principle is that the physical state and condition of the site is the contractor’s risk.\u00a0 It may be that the condition of the soil requires extra expense to make the works stable and performing and compliant to building regulation. In some cases, there may be specific works<\/p>\n
The broad principle is that site conditions are a matter for the contractor\u2019s even if plans and conditions are showed which contemplate certain types of works.\u00a0 There is usually no general warranty that these works are sufficient.<\/p>\n
There may, however, be circumstances which the employer expressly or impliedly warrants the accuracy of documents and proposed works, for example, relative to site conditions and foundations.\u00a0 It is a matter of interpretation as to what, if anything is warranted.<\/p>\n
Where the building contracts states that the bill of quantities has been prepared in accordance with standard methods of measurement, this may be sufficient in some circumstances. If a misrepresentation is made as to the true position on which the contractor relies, the employer is likely to be liable if it is a negligent or fraudulent or misrepresentation.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Employer’s Role The employer has a passive role under a building contract. \u00a0His principal obligation is to facilitate access to the works for the contractor and pay monies certified as due under the contract when due. The employer must cooperate with the contractor where necessary to enable the contractor to discharge his duties. \u00a0He must […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[44],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/472"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=472"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/472\/revisions"}],"predecessor-version":[{"id":28812,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/472\/revisions\/28812"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=472"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=472"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=472"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}