CE — Physical Conditions
The Contractor encounters physical conditions not addressed in any Baseline Statement in the Site Information which an experienced contractor would have judged at the Contract Date to be of such low probability that it would be unreasonable to allow for them.
This covers unforeseen ground conditions, hidden obstructions, and underground anomalies. The Contractor demonstrates that the condition was not described in the Site Information.
The two-part test is stringent: the condition must be both (a) not addressed in any baseline, and (b) of such low probability it was unreasonable to allow for. Meeting both criteria requires careful factual analysis.
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