We have a situation where we are undertaking works on an area with the environmental designations Special Area of Conservation (SAC) and Site of Specific Scientific Interest (SSSI).
We have had a pollution incident as a result of particular type of method, which needs to be urgently contained and cleaned up, and the Contractor has been instructed to undertake this remedial works by the statutory regulator.
The WI and SI makes it clear we are working in an area with these environmental restrictions. Also, it was foreseeable that this type of incident had a high possibility of occurring (and potentially will happen numerous times again) and is not unreasonable for a Contractor to allow for this rectification cost within his bid.
- the working method which resulted in this incident is the only option,
- It is an NEC3 Option A contract,
- Clauses 60.1(7), 60.1(12), 60.1(13) and 60.1(19) have been deleted,
- There has been no PMI or verbal instruction for the clean up by PM or Supervisor, the request has come from the statutory regulator via our environmental department ,
- If the incident isn’t cleaned soon we risk a large fine and reputation damage for a serious pollution incident,
- The location of the clean-up is proving very difficult to get to, may require specialist equipment or to even be carted
Who would ultimately be responsible for the costs for the clean-up?