NEC ECC: Physical Conditions Compensation Event and 'experienced contractor'

NEC3 and NEC4 Contracts
1

This question relates to a compensation event under clause 60.1 (12) for a physical condition, more specifically the assumptions under clause 60.2, with the 4th bullet point referring to ‘other information which an experienced contractor could reasonably be expected to have or to obtain’.

Although the guidance notes and commentary do not really explain what this means, my understanding is that it refers to the knowledge and understanding which is gained by a contractor, through experience, having undertaken works of a similar nature.

Any comments or feedback would be very welcome to clarify the above.

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2

You are correct, but it could be influenced by the amount of pre-contract work the Contractor did. For instance, what you would expect an experienced Contractor to know could vary between :

  • a Contractor who won the work as one of six tenders who had a month to bid. If the Employer (NEC3) /Client (NEC4) pointed at this clause, my response would be how come your consultant who prepared the design didn’t identify it and reference if from the Site Information, (2nd bullet point)
  • a Contractor under ECI who was paid for a year on a consultancy basis to work up the design with the Employer.