You have a classic clause 14 situation regarding unforeseen ground conditions.
Although the Contractor has the responsibility for design of temporary works for the soil support this can only be based on the information that he has in the contract documents.
The contractor is entitled to rely on the information provided in the tender documents for his contract price. He is not obliged to carry out further investigations.
If the site investigation done by the engineer before tender is faulty then that is the engineers problem.
If the instruction to excavate further was in writing then your case is strengthened.
I would advise that a clause 14 notice be sent off prompltly.
RE: EXCESS EXCAVATION
Thanks Mike. I appareciate your contribution and generally on planning planet forum.
RE: EXCESS EXCAVATION
Hi Francis
You have a classic clause 14 situation regarding unforeseen ground conditions.
Although the Contractor has the responsibility for design of temporary works for the soil support this can only be based on the information that he has in the contract documents.
The contractor is entitled to rely on the information provided in the tender documents for his contract price. He is not obliged to carry out further investigations.
If the site investigation done by the engineer before tender is faulty then that is the engineers problem.
If the instruction to excavate further was in writing then your case is strengthened.
I would advise that a clause 14 notice be sent off prompltly.
Best regards
Mike Testro