Construction & Real Estate

Authors: Mark Kenney, Partner and Karl Higgins, Solicitor

‘Unknown Unknowns’ are not simply a Donald Rumsfeld double negative; but can now also be considered a genuine area of claims in relation to construction contracts.

We are all familiar with the concept of ‘Known Unknowns’, the classic being latent conditions. These are known areas of risk where the specific risk itself is unknown, but the possibility has been addressed by implementing processes under the contract for managing the response and making claims where the risk materialises.

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