An NEC3 Option A contract is currently being tendered. Return date for ITT is in May.
Clause 19 has been deleted by Option Z. Clause 60.1(19) has not been deleted.
Would it be prudent to add a set of assumptions to the ITT so that it is not an unforeseen event? If so, what sort of assumptions should be added, and where?
I would not sign this contract with existing clause 60.1(19) in place as clearly the 4th bullet “An event which - an experienced contractor would have judged at the Contract Date to have such a small chance of occurring that it would have been unreasonable for him to have allowed for it” would not apply as Coronavirus is with us and you therefore have no direct recourse as a result.
I would not state assumptions anywhere, but insist that the contract is modified, probably by the addition of an additional compensation event to take account of the affects of Coronavirus. And depending on the wording of that compensation event i.e. at what point the risk transfers to the Employer, I would add a generous risk amount.