2022-05-02(228)Engineering law and the ICE Contracts

ADVERSE PHYSICAL CONDITIONS AND ARTIFICIAL OBSTRUCTIONS

12. (1)1 If during the execution of the Works the Contractor shall encounter physical conditions (other than weather conditions or conditions due to weather conditions) or artificial obstructions which conditions or obstructions he considers could not reasonably have been foreseen by an experienced contractor and the Contractor is of opinion that additional cost will be incurred which would not have been incurred if the physical conditions or artificial obstructions had not been encountered he shall if he intends to make any claim for additional payment give notice to the Engineer pursuant to Clause 52 (4) and shall specify in such notice the physical conditions and/or artificial obstructions encountered and with the notice if practicable or as soon as possible thereafter give details of the anticipated effects thereof the measures he is taking or is proposing to take7 and the extent of the anticipated delay in or interference with the execution of the Works.

MEASURES TO BE TAKEN

(2) Following receipt of a notice under sub-clause (1) of this Clause the Engineer may if he thinks fit8 inter alia:

(a) require the Contractor to provide an estimate of the cost of the measures he is taking or is proposing to take;9

(b) approve in writing such measures with or without modification;10

(c) give written instructions as to how the physical conditions or artificial obstructions are to be dealt with;11

(d) order a suspension under Clause 4012 or a variation under Clause 51.

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