I have seen this sort of thing on many occasions @FAROUK Yusuf but it is difficult to give any opinion or advice without more knowledge of the particular circumstances. Firstly it will depend in what context the contractor has made that statement and where it was made. If for example it was made as part of the contractor’s tender proposal in response perhaps to a specific Employers Requirement and if that tender proposal has found it’s way into a contract document then it may be difficult for the contractor to justify it’s claim. That said however, it will also depend on the specific terms of the contract in place, ie whether there is a ‘Change’ entitlement, Relevant Event or Relevant Matter for the particular unforeseen work that has arisen and how that risk has been allocated within the contract. It may then also depend on the priority of the documents included within the contract. Once all of these matters are established it should then be possible to come up with a suitable response.

What action the client take if the contractor states 'our price includes for risk and potential unforeseen works'' but then submits a claim

Asked 1 year ago

FAROUK Yusuf

Asked on Wed, Aug 10, 2022 7:56 AM

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What action the client take if the contractor states 'our price includes for risk and potential unforeseen works'' but then submits a claim

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FAROUK Yusuf

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