Frequently Asked Questions
Even if the site conditions had changed, the contractor would be faced with two insurmountable hurdles. The first is that a change to site conditions is not a listed compensation event. The second is that, even if it were, this event has arisen as a result of a fault of the contractor’s, in that the contractor has produced works that did not comply with the works information and was therefore a defect. In that case your project manager is entitled to rely upon the first bullet of clause 61.4 and state that the prices and so on are not to be changed.