Dear All,
In the project that uses FIDIC’s new yellow book (plant design-build), we are encountering various sub-surface utilities that are omitted from the Tender/As-Built Drawings.
We issued a Notice of Unforeseeable Conditions (as per Clause 4.12), and are currently locking horns with the Engineer whether these obstructions are genuinely unforeseeable or not.
I am considering working on a parallel route by trying to hold the Employer accountable for the inaccurate information submitted by their side.
Would Clause 4.7 (Setting Out) be the appropriate Clause for this notice?
Many thanks for your advice
In the project that uses FIDIC’s new yellow book (plant design-build), we are encountering various sub-surface utilities that are omitted from the Tender/As-Built Drawings.
We issued a Notice of Unforeseeable Conditions (as per Clause 4.12), and are currently locking horns with the Engineer whether these obstructions are genuinely unforeseeable or not.
I am considering working on a parallel route by trying to hold the Employer accountable for the inaccurate information submitted by their side.
Would Clause 4.7 (Setting Out) be the appropriate Clause for this notice?
Many thanks for your advice