In reference to a NEC4 Option A, an event which is an Employer’s risk is stated in Cl 80.1. No Further risks have been added in this section by the Client, and this was displayed to the bidders during the tender stage, therefore the contractor is to accept all risks. Well that is what we want!
However, as NEC try to avoid provisional sums, if the Contractor includes a clarification, e.g: ‘no allowance has been included for tunnels/caves below ground level’, as this was not determined within a GPR survey (site information) before tender, what is the best step? Can a provisional sum be included, still be Contractor risk.? Or Client to accept risk, therefore update 80.1, and this to be issued as CE if it occurs?