Site Data DisclaimersMark Wierman
April 23, 2010 — 307 views
Owners commonly provide subsurface soil data and other site conditions reports as part of the bid documents provided to prospective bidders. Fearful of assuming liability for the accuracy of plans, borings, and other subsurface data provided to contractors, owners traditionally include exculpatory clauses that purport to shift the risk of inaccurate data away to the contractor. These clauses typically state that the data is provided for information only, the owner makes no warranties as to the accuracy of the data, and the contractor expressly assumes all risk that the conditions encountered differ from the conditions described in the reports.