I am currently working on an option A, NEC 3 ECC project.
Cl60.1 (12) physical conditions is a compensation event under the contract. However, with regards to 60.2, the Employer has inserted a z clause in to the contract - “The Employer provides Site Information and other documents relating to the condition of the Site by way of information only. The Employer does not warrant or represent their accuracy, reliability or completeness.”
To what extent, if any, does this z clause relieve the employer and transfer the risk (time and cost) to the contractor for the following:-
(i) ground conditions - if rock is encountered, but is not shown on the GI information provided
(ii) ground conditions - if an existing structural foundation is found to be different from that shown on a record drawing
(iii) ground conditions - excavated material “as dug” is to be re-used as fill material but does not meet the contract specification and thus imported fill required.
It is my understanding/ intention of the z clause, that the contractor would not be entitled to notify a compensation event for the above i.e. (i) to (iii).