Who's
Responsible for
Job Surprises?
by Reina A. Calderon, Esq.
Contractor A contracts with Owner
B to erect a building on a certain lot
and finds that he must excavate
through more rock than he
anticipated, substantially increasing
his costs and the time he needs to
complete the foundation. Can
Contractor A shift his increased costs
to Owner B without amending the
construction contract? Contractor C
engages to demolish a building built
after the date that certain asbestos
materials were prohibited, and finds
that the building contains asbestos,
requiring him to comply with certain
federal and state standards regarding
worker protection that increase
Contractor C's costs substantially.
Can Contractor C recover for the
increase in his costs from Owner D?
The answer given to