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Latent site condition encountered at CH 6.500 — hard rock material below RL 142.5 not indicated in contract geotechnical investigation report. Material requires hammer attachment and is causing significant production delay (30% of expected rate). Critical path activity impacted. Initial notice issued per Schedule 3.
Recommended Action
Clause 7 (Site Conditions) claim in progress — ensure detailed documentation continues. Required evidence: (1) Contract geotechnical report showing material classification at this location; (2) Daily production records showing actual vs baseline rates; (3) Photographic evidence of rock face and material hardness; (4) Survey records showing depth of rock layer; (5) Programme analysis showing critical path impact; (6) Cost build-up: hammer hire rates, extended duration costs, plant idle time. PM to engage programmer for EOT quantification and cost estimator for financial claim. Target submission within 14 days of initial notice (by 13/06/2026).
Cost impact reserved: additional hammer hire, extended excavation duration, and approximately 4 hours hauling fleet idle time due to slow cut production rate caused by latent rock condition.
Recommended Action
Cost claim to be quantified and included in Clause 7 submission. Required: (1) Hammer hire quote/invoice (additional plant cost not in baseline); (2) Extended duration calculation (days lost x daily site overhead rate); (3) Plant idle time records (4 hours hauling fleet x hourly rates); (4) Comparison to baseline excavation rates for this material type. Ensure all plant dockets and timesheets clearly reference 'latent rock condition CH 6.500' for traceability.
Rights reserved on cost impact and time impact associated with latent rock condition. Cost impacts include: additional hammer hire, extended duration, and plant idle time (approximately 4 hours hauling fleet idle on 30/05/2026 due to slow cut production). Time impact: potential EOT on critical path activity (cut excavation at CH 6.500).
Recommended Action
Maintain contemporaneous records of all cost and time impacts. Daily records should capture: (1) plant idle time (hauling fleet waiting on cut production); (2) reduced production rates with standard bucket; (3) additional plant hire costs (hammer attachment arriving Monday); (4) labour and supervision time associated with latent condition management; (5) programme delay measured against baseline. Ensure all records are preserved for detailed claim submission. PM to review and quantify cost impact in preparation for formal claim submission under Notice and Claim Procedure (Schedule 3).
Verbal instruction from Roger Rickerby (Superintendent) at 11:11 on 30/05/2026. Roger attended site at 1100, inspected the cut face at CH 6.500, acknowledged the material is harder than indicated in the geotechnical investigation, and directed contractor to "continue excavating, get a hammer in, and submit a claim through the proper channels." No written direction provided. Confirmed verbally that this would be assessed as a site conditions claim.
Recommended Action
Generate VIRF immediately. Document verbal instruction to continue works with hammer attachment. Ensure VIRF references the latent condition notification issued at 1015 and Roger's acknowledgement of the harder-than-expected material. This VIRF supports the site conditions claim and protects contractor's rights to cost and time recovery.
Cut excavation at CH 6.500 is -3% behind baseline. Achieved approximately 40% of planned daily output on 30/05/2026 due to latent rock condition. Production rate approximately 30% of expected. Critical path activity potentially affected. Hammer attachment required to restore production rate — arrival scheduled Monday.
Recommended Action
Update programme to reflect actual production rates and forecast delay until hammer attachment arrives and production rate is restored. Assess critical path impact — if CH 6.500 cut is on critical path, calculate EOT entitlement from date of latent condition discovery (30/05/2026) until production rate is restored to baseline. Include programme impact analysis in site conditions claim submission. Monitor daily progress next week after hammer arrival to confirm production rate recovery.
Latent condition (hard rock below RL 142.5 at CH 6.500) is materially different from the geotechnical information provided in the contract documents. This is outside the contractor's scope as it represents a materially adverse physical condition not reasonably foreseeable from the contract documents. Potential clause 7 (Site Conditions) event.
Recommended Action
Confirm scope interpretation with PM and legal/commercial team. The geotechnical investigation report referenced in the contract documents did not indicate hard rock at this location and depth. The contractor is entitled to rely on the geotechnical information provided by the principal. This is not a contractor performance issue — it is a latent condition entitling the contractor to cost and time recovery under clause 7. Ensure all communications with client reference clause 7 and Notice and Claim Procedure (Schedule 3). Do not accept any suggestion that this is within contractor's scope or risk.
Latent condition encountered at CH 6.500. Hard rock material encountered in the cut from RL 142.5 down to current excavation level at RL 141.0. Material is significantly harder than the weathered material indicated in the geotechnical investigation report referenced in the contract documents. Production rate approximately 30% of expected baseline. Achieved only 40% of planned daily output (-3% behind baseline). Potential clause 7 (Site Conditions) event under the contract — materially adverse physical conditions.
Recommended Action
Initiate formal site conditions claim under clause 7 of the contract. Initial notice already issued to Roger Rickerby at 1015 on 30/05/2026. Following Notice and Claim Procedure (Schedule 3). Prepare detailed claim submission with: (1) comparison of actual rock conditions vs geotechnical investigation report; (2) programme impact analysis showing critical path delay; (3) cost evidence including hammer hire, extended duration, and plant idle time (approx 4 hours hauling fleet idle on 30/05/2026); (4) photographs and survey of cut face at RL 141.0; (5) production rate analysis showing 30% of expected output. Claim should seek EOT and cost recovery. Priority: HIGH — critical path activity affected.
Verbal direction from Roger Rickerby (Superintendent) at 1100 hours on 30/05/2026 to continue excavating latent rock condition at CH 6.500 with hammer attachment and to submit claim through proper channels. Client acknowledged material is harder than indicated in geotechnical report. No written instruction provided.
Recommended Action
VIRF must be generated and issued to Client immediately for signature. This documents the verbal direction to proceed with varied work method (hammer) in response to latent site conditions. Essential evidence for Clause 7 claim. Capture Client's verbal acknowledgement that geotechnical information was deficient.
Geotechnical condition photographed and surveyed. Cut face surveyed at RL 141.0 with rock exposure documented. Records being maintained for claim submission.
Recommended Action
Excellent documentation discipline — continue daily. Ensure photographs include: (1) Overview of cut face showing rock extent; (2) Close-up of material showing hardness/weathering; (3) Scale reference (person/equipment/survey staff); (4) GPS coordinates or chainage markers visible. Survey records should capture: top of rock level (RL 142.5), current excavation level (RL 141.0), and final design level. Maintain separate photo log and survey file tagged 'Clause 7 Claim CH 6.500 Rock' for claim bundle.
Geotechnical condition photographed and recorded. Cut face surveyed at RL 141.0 with rock exposure documented. Records being maintained for claim submission.
Recommended Action
Continue to maintain contemporaneous photographic and survey records of the latent rock condition. Ensure records clearly show: (1) rock exposure at various levels below RL 142.5; (2) comparison with expected conditions from geotechnical investigation report; (3) production rates with standard bucket vs expected; (4) condition of rock face (hardness, jointing, weathering). These records will be critical evidence in the site conditions claim. Consider engaging geotechnical consultant to inspect and report on actual conditions vs contract geotechnical investigation.
Cut excavation at CH 6.500 achieved only 40% of planned daily output. Currently 3% behind baseline programme due to latent rock condition reducing production rate to 30% of expected.
Recommended Action
Programme impact analysis required for EOT claim. Verify whether CH 6.500 cut is on critical path. If critical, quantify calendar day delay caused by reduced production rate and compare to baseline programme. Factor in hammer arrival Monday and revised production forecast with hammer attachment. Update project programme showing actual vs planned and submit with Clause 7 claim. Monitor next week's production with hammer to validate recovery forecast.
Approximately 4 hours hauling fleet idle time during latent rock excavation due to slow cut production rate (30% of baseline). Insufficient material being produced to maintain hauling fleet utilisation.
Recommended Action
Document plant idle time daily until hammer arrives and production normalises. Capture: (1) Plant type and number of units idle; (2) Duration of idle time per unit; (3) Cause (awaiting cut material due to rock condition); (4) Hourly standing rates. This idle time is compensable under Clause 7 as direct consequence of latent site condition. Include in cost claim with supporting plant dockets and operator timesheets clearly noting 'idle — awaiting cut material — rock condition CH 6.500'.
Approximately 4 hours hauling fleet idle time on 30/05/2026 due to slow cut production at CH 6.500. Production rate with standard bucket approximately 30% of expected due to latent rock condition. Hauling fleet standing by waiting for cut material.
Recommended Action
Quantify plant idle time daily until hammer attachment arrives Monday. Record specific plant items idle, hours idle, and hourly rates. Include in site conditions claim cost evidence. Consider redeploying hauling fleet to other activities if possible to mitigate idle time (duty to mitigate). Document any redeployment decisions and residual idle time that cannot be mitigated.
Dear Sir/Madam, We refer to the verbal instruction given by Roger Rickerby (Superintendent) on site on 30 May 2026 at 1100 hours regarding the latent rock condition encountered during cut excavation at CH 6.500. Following our initial notification at 1015 hours on 30 May 2026 regarding the discovery of hard rock material below RL 142.5, Mr Rickerby attended site and inspected the cut face at CH 6.500. After his inspection, Mr Rickerby acknowledged that the material is significantly harder than indicated in the geotechnical investigation report referenced in the contract documents. At 1111 hours on 30 May 2026, Mr Rickerby verbally instructed the Contractor to "continue excavating, get a hammer in, and submit a claim through the proper channels." Mr Rickerby confirmed verbally that this latent condition would be assessed as a site conditions claim under the contract. No written instruction was provided at the time. We confirm that we are proceeding with the excavation using a hammer attachment as directed, with the equipment scheduled to arrive on site Monday. We are maintaining detailed records of all associated costs and time impacts, including the approximately 4 hours of hauling fleet idle time incurred on 30 May 2026 due to the reduced production rate (approximately 30% of expected baseline). We hereby put the Principal on notice that this latent condition constitutes a materially adverse physical condition not reasonably foreseeable from the contract documents, and we reserve our rights to claim additional time and cost in accordance with the Notice and Claim Procedure outlined in Schedule 3 of the contract. We request that Mr Rickerby sign and return this Verbal Instruction Record Form to formally acknowledge the instruction given. This record is made to document verbal instructions given by the Client Representative. The Contractor reserves the right to claim additional cost and/or time associated with compliance with this instruction. Yours faithfully, [Contractor Representative]
Submitted by operators for Saturday 30 May 2026 via Timekeeper.
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Hours submitted from the field will appear here automatically.
Captured in Timekeeper by the operator on site. Approve to sign the hours off; amend to correct them — the operator's original submission is always kept alongside. Releasing locks a timesheet and feeds the pay-period summaries. Operators are managed in Timekeeper.
Cut excavation at CH 6.500 progressed slowly today. Achieved approximately 40% of planned daily output. -3% behind baseline. Issue is hard rock material encountered below RL 142.5 that is not shown on the geotechnical drawings or the long section.
Geotechnical condition photographed and recorded. Cut face surveyed at RL 141.0 with rock exposure documented. Records being maintained for claim submission.
Roger directed continuation of cut with hammer attachment arrival Monday. Acknowledged latent condition. Plant idle time during transition flagged — approximately 4 hours hauling fleet idle due to slow cut production. Reserved rights on cost impact (additional hammer hire, extended duration, plant idle time) and time impact (potential EOT on critical path activity).