The term ‘physical conditions’ is not defined in the NEC3 contract but is often associated with ground conditions.
The Contractor has notified a compensation event under 60.1(12) regarding a nesting bird preventing works within an area of the site being undertaken. As Project Manager I believe the bird has nested in a location that would have been unreasonable for the Contractor to have allowed for it. Do you think the nesting bird can be classed as ‘physical condition’. I have looked through the other compensation event clauses and no other is applicable (we have deleted 60.1(19) through z clause).
Any advice welcome