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International Construction Law Review

REVIEW OF INTERNATIONAL PRACTICE ON THE ALLOCATION OF RISK OF GROUND CONDITIONS

PETER FENN*

Lecturer, University of Manchester Institute of Science and Technology

INTRODUCTION

This article provides a review of international practice on the allocation of risk of ground conditions, in standard forms of construction contracts. The literature and theory of risk allocation is described and a survey of international practice and procedure, with responses from 20 countries, is reported. Conclusions for the allocation of the risk of ground conditions are presented based on the literature and the survey results.

BACKGROUND

“It is unwise to pay too much, but it is worse to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing what it was bought to do. The common law of business balance prohibits paying a little and getting a lot. It can’t be done. If you deal with the lowest bidder, it is well to add something for the risk you run. And if you do that you will have enough money to pay for something better.”1
“This is not a speculative game at all. Our objective is not to avoid risk but to recognise it, price it and sell it.”2
It is a cliché to start an article with quotations, but the thrust of this article can be summarised by the two quotations above. The article is concerned with a scientific study of the allocation of risk of ground conditions on construction projects. There are two major tools which achieve this allocation: the application of management techniques for risk assessment, analysis and management; and the conditions of the contract between the parties. Contract conditions have been used far longer than formal risk management.


[2000
The International Construction Law Review

440

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