• Contractor's Obligation for Pre-Tender Soil Investigation - The agreement explicitly requires the contractor to personally inspect the site and gather information regarding soil and sub-surface conditions before tendering. Clause 11.3 of the agreement states, the contractor is bound to inspect the site personally before tendering the work including collection of information regarding nature of work and the sub-surface, emphasizing the contractor's responsibility to assess site conditions, including soil type such as marine clay. This underscores that pre-tender soil investigation is a contractual obligation for the contractor ["2024 0 Supreme(AP) 1150"].

• Nature and Scope of Soil Investigation - Multiple sources confirm that soil investigation involves boreholes and geotechnical reports to understand sub-surface geology, soil parameters, and potential issues like rock strata. For example, bore holes were conducted...to determine the characteristic of the sub-surface geology and Gagasan Teguh was appointed to carry out a soil investigation. These investigations are meant to inform design and construction, not to guarantee specific soil conditions, and the results are considered guides, not warranties ["

  TROPICANA AMAN SDN BHD vs DR Y G TAN JURUTERA PERUDING SDN BHD - High Court Malaya Kuala Lumpur

  "].

• Contractor's Responsibility and Risks - The contractor is responsible for verifying site conditions and conducting additional investigations if deemed necessary. It shall be the responsibility of the Contractor to satisfy himself as to the soil conditions along the pipe jacking route and if he judges it to be necessary, he shall carry out additional soil investigation at his own cost ["

  Budaya Restu Sdn Bhd vs Kerajaan Malaysia

  "]. The soil investigation reports are not definitive but serve as guides, and the contractor bears the risk of unforeseen sub-surface conditions such as rock or marine soil ["UOI.TH.CHIEF ENGINEER,SAMPARK vs M/S D.KHOSLA AND CO - Jammu and Kashmir"].

• Impact of Soil Conditions on Tendering and Claims - Soil investigation findings can influence project timelines and claims. For example, encountering unexpected rock strata may entitle the contractor to compensation if the soil investigation was inadequate or misinterpreted, but generally, the contractor cannot claim extra costs solely based on soil variability if they failed to conduct proper pre-tender investigations ["2022 Supreme(Online)(DEL) 2197"]. Additionally, the contractor's knowledge of site conditions during tender does not automatically entitle them to extensions or damages unless there was negligence or misrepresentation ["

  EASTMONT SDN BHD vs MEGA PLANNER JAYA SDN BHD - High Court Malaya Kuala Lumpur

  "].

• Sub-Contracting and Experience Requirements - When sub-contracting is involved, the tendering authority's restrictions on sub-contracting and experience criteria are crucial. If work is sub-contracted, the main contractor's experience may not suffice unless explicitly permitted, and experience must relate to the execution of work, not merely management or project supervision ["2025 0 Supreme(Del) 626"].

Analysis and Conclusion:Pre-tender soil investigation is a contractual obligation primarily placed on the contractor, who must personally inspect the site and gather geotechnical data. The investigation reports serve as guides, not warranties, and the contractor assumes risks associated with unforeseen conditions. Proper pre-tender investigation is essential for accurate assessment; failure to do so can limit claims for additional costs or delays. Sub-contracting restrictions and experience criteria further influence the contractor’s ability to claim damages or extensions. Overall, the contractor's claim for pre-tender soil investigation should be grounded in their contractual obligation to inspect and verify site conditions beforehand ["2024 0 Supreme(AP) 1150"] ["

TROPICANA AMAN SDN BHD vs DR Y G TAN JURUTERA PERUDING SDN BHD - High Court Malaya Kuala Lumpur

Budaya Restu Sdn Bhd vs Kerajaan Malaysia

References:- ["2024 0 Supreme(AP) 1150"]- ["

TROPICANA AMAN SDN BHD vs DR Y G TAN JURUTERA PERUDING SDN BHD - High Court Malaya Kuala Lumpur

Budaya Restu Sdn Bhd vs Kerajaan Malaysia