A tender clarication states that tenderers should allow to reinstate drainage trenches with imported backfill material and re-use any excavated material if suitable. However the scope states that backfill to drainage trenches should be excavated material from site. The tender clarifications are not included in the executed final contract. If the excavated material from site is not suitable for re-use, would backfilling with imported material trigger a compensation event? NEC4 Option A.
Thanks
To help answer your question.
1 Are you excavating any other material from site apart from the drainage arisings.
2 If you are, is that material being classified as suitable at the point of excavation
3 Is there a requirement in your Scope to process unsuitable material to suitable.
If the drainage arisings are not suitable, you are not excavating any other suitable material and you are not required to process (unsuitable to suitable) then you are not able to comply with the Scope and the Scope requires to be revised which would be a compensation event. If the instruction was to use imported material that would be a compensation event.