NEC3 ECC: What is the outcome if Clause 60.1(12) has been deleted from the contract? Does this make all ground conditions Contractor risk?

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In very simple terms - Yes!

Thanks Glenn,

Is this the case regardless of the information provided by the employer on ground conditions. e.g. trail holes or ground reports/surveys etc indicates Clay with no signs/mention of rock. Contractor starts work, hits rock, still no CE?

Pretty much - yes still no CE. Whenevr a Contractor asks me β€œcan I claim extra for this thing?”, I always respond with yes - providing you can find where within clause 60.1 it states that you can claim for it. Here, with clause 60.1(12) being deleted there is no where else that it can be claimed for, therefore it is not a CE. It is pretty clear on the clients intent by deleting that clause.

The only clause that could help you here is 60.2/3. This talks about how the Contractor should have interpreted the Site Information - but normally if the Employer has deleted 60.1(12) they have normally also deleted 60.2 and or 60.3 as well.