We have Sewer laying scheme. Part of the works is to construct a new manhole around/on top of the existing sewer at the point the new sewer meets the old.
The existing sewer was found to have a concrete surround to the top and sides of the pipe, which the contractor believes to be an integral structural element of the existing sewer. To construct the new manhole. the concrete surround had to be broken out carefully using hand tools rather than excavator & pecker, so as not to damage the live sewer.
The Site Information provided at tender stage did not include a cross section of the existing sewer construction, only a plan of the route detailing the sewer diameter and pipe material. The Contractor had expected to encounter a more standard sewer construction of pipe bedding bed & surround with sub-base/as dug material above that, rather than concrete.
The Contractor believes the event to be a CE and would like the PM to issue an instruction under clause 60.1(1) presumably along the lines of “Please construct manhole X around existing sewer which has concrete surround”.
The PM believes the event is not a CE and if it were a CE it would fall under 60.1(12), which has been deleted from the contract. The PM maintains that there has been no change to the Works Information. The manhole to be constructed is in the same location and the same depth, diameter etc. as the drawings referenced in the contract.
Other relevant contract information;
Clause 60.2 has been heavily amended. Paraphrasing - no unexpected physical condition or obstruction entitles the Contractor to an addition to the Total of the Prices or change to the Completion Date. NB the Contractor believes the concrete surround to be neither a physical condition nor obstruction, but an integral part of the existing sewer.
Clause 60.3 has been deleted from the contract.