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Answered: NEC ECC: Costs associated with changing the Employers risks within instructed works

The GBR (Geotechnical Baseline Report) needs to be determined as to what status it has under the contract.  Usually it is included as Site Information but where it is included as Works Information then that may be to the disadvantage of the Employer as any changes would effectively be a change to the Works Information.

Notwithstanding the above, however, the GBR usually provides a mix of factual, empirical and interpretive information.  A GBR may state an assumed methodology but if it is Site Information then the responsibility to Provide the Works remains with the Contractor who may or may not adopt any recommendations.

Any physical condition CE's would be assessed under clause 60.1 (12) taking account of the further tests under 60.2, based on an assessment at the Contract Date, although any changed methodology may alter the actual affect, it wouldn't change what would or would not have been considered to be encountered.

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