Comparison
The following demonstrates the differing approaches to drafting in the NEC and ICE forms of contract using the illustration of circumstances when the contractor is entitled to additional time and cost for physical conditions.
- NEC Engineering and Construction Contract Second Edition Clause 60.1 (12)
The Contractor encounters physical conditions which
- are within the site.
- are not weather conditions and
- which an experienced contractor would have judged at the Contract Date to have such a small chance of occurring that it would have been unreasonable for him to have allowed for them.
- ICE Conditions of Contract Sixth Edition Clause 12(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 could not in his opinion reasonably have been foreseen by an experienced contractor the Contractor shall as early as practicable give written notice thereof to the Engineer.
Read more about this topic: NEC Engineering And Construction Contract
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