EXCESS EXCAVATION
In the Open Standard
Francis OgunsakinMember for 19 years 4 months
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I am currently on a project based on FIDIC Red book 1992 edition. The measurement was in accordance with POMI.
During the excavation the condition met on site was different from the report of soil investigation given during the tendering stage. Also the drawing indicated that the pit excavation should get to hard strata with additional information of average depth of pit excavation for each building. While in some buildings it works partially and some the depth increases due to the formation of the soil within the site. The excavation collapse due to the loose soil formation. For instance a particular building that has pit excavation depth of average 3.5m on the depth schedule, after excavating to this depth; we have not reach the hard strata. This was notified to the engineer who instructed to excavate further to hard strata and the depth now increased to an average depth of 7m.but does not want to pay for this excavation. Pit excavation cannot even been carried out because of this loose soil formation and closeness of pits so mass excavation was carried out.
Can you please advice on this issue having said that contractor should visit the site during tendering stage? No contractor can foresee this depth without proper soil investigation. Is it the duty of contractor to carry out soil investigation during tender?
FRANCIS
During the excavation the condition met on site was different from the report of soil investigation given during the tendering stage. Also the drawing indicated that the pit excavation should get to hard strata with additional information of average depth of pit excavation for each building. While in some buildings it works partially and some the depth increases due to the formation of the soil within the site. The excavation collapse due to the loose soil formation. For instance a particular building that has pit excavation depth of average 3.5m on the depth schedule, after excavating to this depth; we have not reach the hard strata. This was notified to the engineer who instructed to excavate further to hard strata and the depth now increased to an average depth of 7m.but does not want to pay for this excavation. Pit excavation cannot even been carried out because of this loose soil formation and closeness of pits so mass excavation was carried out.
Can you please advice on this issue having said that contractor should visit the site during tendering stage? No contractor can foresee this depth without proper soil investigation. Is it the duty of contractor to carry out soil investigation during tender?
FRANCIS
2 replies
Oldest first- 0Mike Testro ·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 engineer’s 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
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