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Channel: ReachBack by BuiltIntelligence - Recent questions and answers in NEC3 and NEC4 Contracts
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Answered: NEC ECC: Can it be a compensation event if it is outside the boundaries of the site

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Rob has thoroughly answered most of the question. I will answer whether "Upon excavating for the offices the Contractor encountered asbestos in the ground that no-one could have expected to have been there."

Under clause 60.1 (12) the unexpected physical conditions have to be within the Site for it to be a compensation event. It sounds as if the Contractor's offices are within the Working Areas - which the Contractor specifies in Contract Data part 2 as being the "The Site and >any other areas needed<", but not the 'Site' bit of the Working Areas.

Consequently, if I have read the question correctly, the answer is 'No, it's not a compensation event.'

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