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NEC3 ECC: If all 60.1. 60.2 and 60.3 are removed under the z clause...
If all 60.1. 60.2 and 60.3 are removed under the z clause and whilst demolition of an extension to the building you encounter asbestos debris under the existing concrete slab something an experienced contractor would not have dreamed to be there can this therefore still be framed as a physical condition
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I presume you don't mean 60.1, because that would mean there are no compensation events and all such matters would be at the risk of the Contractor.
If 60.2 and 60.3 are deleted by Z-clause then the additional tests under 60.2 and any 'breach of warranty' of the Site Information under 60.3 would not apply. You would then use the wording under 60.1 (12) to define whether a matter is a compensation event and to what extent.
The test is based on an experienced contractor (that is previously undertaken similar work under similar conditions) and viewed as at the Contract Date. What would have been reasonable to expect takes account of the type of work and the experience of undertaking that type of work. For example, it wouldn't be reasonable not to expect any obstructions when excavating in a built up area, or to rely on construction drawings of an existing building which was built, say, 50 years ago.
The CE is assessed as the difference between what you actually encounter and what would have been reasonable to expect to encounter.
In direct answer to your question, if clause 60.1(12) remains then the matter can still be 'framed as a physical condition' and therefore constitute a CE.
Sorry meant 60.1(12)
Please see abstract
Delete clause 60.1(12), clause 60.2 and clause 60.3 (physical conditions)
Z17.2 At Clause 60.1(1) add a third bullet point:
• a change to the Works Information contained in the Contractor’s Quality Submission which is made either at his request or to comply with other Works Information provided by the Employer.
In that case the matter would generally be at the Contractor's risk (clause 81).
It is possible that the matter could be a 'prevention event' CE, although would need to comply with the stated requirements for such an event.
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