Jurisdiction(s):
United Kingdom

Key definition

Common law definition

What does Common law mean? In practice, common law means judge‑made rules developed through case law and applied by courts when resolving disputes, filling gaps where no statute applies, and guiding statutory interpretation. It is not defined by legislation; it is a descriptive label for principles articulated in judicial decisions and followed under the doctrine of precedent (stare decisis). Key features include incremental development, binding effect according to the court hierarchy, and availability of judge‑made remedies. It encompasses both common law and (in England & Wales, Northern Ireland and Ireland) equitable doctrines, such as fiduciary duties, trusts and injunctions. In Scotland, the mixed system uses...

Ground Conditions in Construction: Common Law Liability, Site Investigations and Foreseeability, No‑Reliance and Misrepresentation, and Risk Allocation under JCT, NEC and FIDIC, including Claims against Consultants

Published by a LexisNexis Construction expert

Practice notes

This Practice Note explores ground conditions within construction and engineering schemes. It addresses who bears responsibility at Common law and highlights contractual mechanisms that can be included in building contracts to manage situations where the contractor meets adverse ground conditions, setting out how that risk is shared between contractor and Employer. It also summarises how the JCT, NEC and FIDIC standard forms approach allocation of ground condition risk...

What are ‘ground conditions’?

‘Ground conditions’ typically describes the site’s geology, hydrology, soil characteristics and any contamination present. Such conditions may arise naturally, be the result of human activity, or a mixture of both. Artificial or man-made conditions or obstructions can include:

Antiquities
Landfill
Asbestos
Disused or existing sewers
Unexploded ordnance

The phrase does not normally cover short-lived surface features like litter or leaves, nor climatic factors. While ‘ground conditions’ is a common expression in construction contracts, related terms are frequently used as well, such as ‘site conditions’ and ‘physical conditions’. The choice of terminology largely reflects the contract drafter’s preference...

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Web page updated on 21/05/2026

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