The Contract has deleted both clause 60.1(12) and cl. 60.2.
We have encountered physical conditions which are not included within the Site Information documents such as poor ground conditions with a considerable amount of imported fill required to achieve suitable CBR tests. The additional costs encountered are considerable and amounts to approx 10% of contract value.
Is there any possible entitlement for a CE, given that cl. 60.1(12) has been removed ?
can you please clarify if it is Contractor design or Client design
As clause 60.1 (12) has been deleted then the risk for such ‘physical conditions’, as you say, are the Contractor’s risk. That risk, however, would relate to what you are required to construct and as Dave has queried, and from your response, it would be in accordance with the Client’s design.
It is not clear what your Scope requires you to do, although I would suggest that the deletion of 60.1 (12) means that you are obliged to comply even if you encounter ‘physical conditions’. I would not extend this, however, to doing more than the Scope requires because of the ‘physical conditions’, which I suggest would be a change to the Scope.
For example if you are required to excavate an area to a certain depth, this obligation remains irrespective of how difficult the ‘physical conditions’ make it. If further remedial work is required to accommodate these ‘physical conditions’, such as removal of an additional area and back filling with compacted material, then this would be a change to the Scope.