We are a contractor using ECC option C (target contract with activity schedule). Unforeseen events on site have led to an artificially high water table, significantly higher than that detailed in the site information. We are uncertain as to whether this would fall under the compensation event description of being a physical condition or a weather condition.
Please also advise on the course of action as the current response from the project manager is rejection until further substantiation is provided. The problem is that the event is having a significant impact on the works which will need to be resolved immediately.
Our concern is that we do our best to mitigate the impact by adding additional plant, equipment and resource to deal with the event but the project manager responds in three weeks and notifies us that this is not a compensation event.
Our question is really this: does the contract prescribe that we should begin associated works on what we believe is a compensation event prior to implementation, and at our own risk of cost should it be rejected?