Article: NUCA January-February 2025 – Contractors Should Be Able To Rely Upon Soil Borings Notwithstanding Contact Disclaimers

Contractors Should Be Able To Rely Upon Soil Borings Notwithstanding Contact Disclaimers

By: Thomas R. Olson and Rielly Lund

To successfully build underground utilities, understanding the soil conditions is paramount. For deeper installations, it is common to use soil borings to characterize the ground. However, some contracts contain stipulations that may limit a constructor’s ability to rely on information obtained from the borings. How does this impact the contractor? Can a contractor rely on the information obtained from the borings? What are the legal implications?