A&V in Straße und Autobahn: Subsoil conditions – Who bears the risk?Does the well-known principle still apply: The client bears the subsoil risk?

Almost every construction project raises the question of the subsoil conditions. These cannot be completely determined in advance, as it is not possible to carry out a comprehensive analysis of the geological condition of the building ground. This often leads to the fact that a construction deviating from the construction contract becomes necessary, since the expectations of the contracting parties regarding the subsoil and the subsoil conditions finally found diverge. Disagreements between the parties to the construction contract are inevitable.

In his article in the series “RECHT”

Baugrund – Wer trägt das Risiko, Straße und Autobahn 2022, S. 30-32

Volker Römer looks into the questions of who bears the financial and temporal consequences associated with the changed or additional service in these cases. Does the well-known principle still apply: The client bears the subsoil risk?

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