NEC 3 Physical Conditions

We have entered in to a large scale school project whereby clauses 60.1(12), 60.2 & 60.3 (Physical conditions) have been deleted.

We have taken over the site where the demolition was completed down to floor slab

Our works information require us to break out the floor slab and grub up the foundations

While doing so we have come across piled foundations. We as an experienced contractor would have expected a certain amount of foundations to be grubbed up and accept this as our risk.

The problem has now occurred where we have encountered an underground structure below the slab with shuttered walls and it is completely full of water. We could never have envisaged this scenario below the slab when tendering and it is something that was not shown within the contract documents.

Given the deletion of the clauses as above is there any recourse in this situation

Hi welcome to the community.

The answer to your question depends on the type of contract you have entered in to. Is it design and build or Client design.

If its Client design then I would suggest you approach the situation as a change in Scope (assuming the design does not cater for the situation) and request a CE.

If its your design then you may want to look if falls under 60.1(19) and prevention


Thanks for your reply

I believe it does satisfy the majority of the points raised under 60.1(19) with the exception of “is not one of the other compensation events stated in this contract”

Does the fact that they have omitted Physical conditions Clauses 60.1(12), 60.2 & 60.3 allow me to claim a CE under 60.1(19) by default as the client has created the situation where the final point in 60.1(19) is now realised?

I would welcome your thoughts on this



Hi Vincent yes if they have deleted 60.1(12) then physical conditions is not a CE.