WHO PAYS FOR THE UNEXPECTED IN CONSTRUCTION? IN: PREPARING FOR CONSTRUCTION IN THE 21ST CENTURY, PROCEEDINGS OF CONSTRUCTION CONGRESS '91, SPONSORED BY THE AMERICAN SOCIETY OF CIVIL ENGINEERS IN COOPERATION WITH THE AMERICAN INSTITUTE OF MINING ENGINEERS AND THE AMERICAN ARBITRATION ASSOCIATION, CAMBRIDGE, MASSACHUSETTS, APRIL 13-16, 1991

Unexpected events of major concern results from voluntary risks taken by one or more of the parties to a construction contract. The party taking the risk should reap the reward or pay the cost. Unexpected risks cannot be shifted among the parties without cost. Contractors cannot be expected to take risks for the benefit of the owner. The owner must pay the fair cost of construction.