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Construction Law/Physical Conditions - Unforeseeable


Hi Florin,

We are maincon, with FIDIC 2010 MDB.

We constructed berth foundation using blocks.  We installed stone as foundation of our blocks.  However, silt (silty clay, mud), invaded our stone foundation.  During blocks installation, as load is applied, our stone foundation displaced due to presence of silt between gaps of stones.

We only found the presence of silt (we considered it vicious) between gaps of stone after we removed the blocks.

Question:  Under Sub-Clause 4.12, could we consider silt as Physical Condition, say pollutants?

Dear Dani,

Thank you for your question.

If you're using MDB 2010, I suspect the design has been made by the Employer, hence it is their responsibility for not having properly investigated the foundation ground.

You have two options:

- 4.12, as you suggested, or,

- 1.9: notify the Engineer and ask for immediate instruction. Then, whatever comes aut of it may turn into a Variation, with due consequences for time and money.

Suggest you analyse your actual situation, Technical Specifications and Particular Conditions and make a decision on which option to choose.

Good luck!

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