Due to the outbreak of epidemic, the Contractor had implemented various precautionary measures, and then notified the CE for recovery of additional cost incurred and time loss. Can this ‘epidemic’ be categorized as ‘physical conditions’ for entitlement under 60.1(12)?
If not, any other provision under Clause 60.1 that is appropriate to deal with this notification?
It’s certainly shows creativity ! Thinking this through, as I write,
And there is certainly a grain of truth in it i.e. an experienced contractor would have not judged at the Contract Date that “surfaces MIGHT BE infected with Coronavirus” had such a small chance of occurring that it would have been unreasonable to have allowed for them.
And I think the MIGHT BE is the key here: we do not know if they are, so the Contractor has not definitely encountered them. But on civil law, it is on the balance of probability. Not that I am in any way an expert on COFID-19, but I think it is unlikely that the virus would be on any individual surface at the moment, especially if people - and the Contractor - are taking precautions.
So for the time being no, but if it becomes a total endemic, then it might become one, BUT if it reaches that stage, society would probably be in a total lockdown.