What if the site investigation report is inaccurate and ground risk is with the contractor

NEC3 and NEC4 Contracts
1

We are in an NEC 3 Option A contract.

The client has provided a SI for the site. However, we are currently digging a pit where the rock is on the surface. There was no rock showing in the nearest trial hole 20m away.

*Other points to note:

  • The Client has put ground risk onto the contractor.
  • The client has removed 60.1(12) from the contract.
  • The client has also stated within the z clauses: the contract has satisfied himself to the accuracy of any information including site information provided in the tender pack. And no warranty is given on the accuracy of these documents. Any claim arising from this is not a CE.

As a contractor where do we stand? It would seem a bit unfair the client washing his hands of any information used to price the job.

What would stop any rouge client putting anything in a SI if he could get away with it in this instance?

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2

If you don’t like the terms of the contract, don’t tender for it.

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3

@salmo you might think the contract is unfair but your company has signed up to it. The risk of unforeseen physical conditions appears to have been transferred from Client to Contractor and this should have been considered when tendering.

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