RTMC Model Conditions of Contract - Highways Agency

Regional Technology Maintenance ContractConditions of Contract(8) The Service Manager gives an instruction for dealingwith an object of value or of historical or otherinterest found on, under or adjoining the AffectedProperty.(9) The Service Manager changes a decision (otherthan a decision referred to in Clause 60.1 (2)) whichhe has previously communicated to the Contractor.(10) A defect in work carried out by Others within oraffecting the operation of the Affected Property orany other default by Others in carrying out suchwork.(11) The Contractor encounters a defect in the physicalcondition of the Affected Property which• is not revealed by the Network Information orby any other publicly available informationreferred to in the Network Information,• was not evident from a visual inspection orroutine survey of the Affected Property at theContract Date,• an experienced contractor or consultantacting with reasonable diligence could notreasonably have discovered prior to theContract Date and• an experienced contractor or consultantwould have judged at the Contract Date tohave such a small chance of being presentthat it would have been unreasonable for himto have allowed for it.Only the difference between the physical conditionsencountered and those for which it would have beenreasonable to have allowed is taken into account inassessing a compensation event.(12) An event which is an Employer’s risk stated in thiscontract.(13) A change in law occurring after the Contract Date,unless the change and its effects could reasonablyhave been anticipated by the Contractor prior to theContract Date.(15) The Contractor exercises his right to suspendperformance of the Service under Section 112 of theHousing Grants, Construction and Regeneration Act1996.(16) The Employer resolves an ambiguity orinconsistency in or between the documents whichare part of this contract.RTMC CoC, Issue 1, Rev 0 July 2011