Differing Site Conditions and Dispute Avoidance Under the FIDIC Emerald Book for Underground Works

Underground construction is a matter of dealing with the inherent uncertainty of subsurface geology. If the encountered conditions are less favorable than the expected ones, the execution of excavation, support, ground treatment or lining works is likely to require more or different efforts than anticipated, thereby delaying the works and increasing the costs. The 2019 first edition of the FIDIC Emerald Book model contract (FEB) addresses many of the issues to which underground works give rise, including those related to differing site conditions (DSC). This paper examines how under the FEB disputes arising from or in connection with DSC could or should be avoided.