This month’s contract clinic question comes from a contractor who found some historically significant artefacts when excavating a site – and is now worried about the ensuing delays during archaeological investigations. We examine the contractual implications.
The question
Work on our new development has recently begun. In the process of excavating the site, we came across some historical artefacts we were unaware of, under the ground. Archaeologists have now confirmed that these are of historical significance, and they will need access to the site for a number of months. Our project now runs the risk of significant delays. What can we do to mitigate this and who is responsible for the associated costs?
The answer
Archaeological finds can be exciting events and aren’t too uncommon on today’s construction sites. However, when these discoveries do happen they can cause serious delays. It’s important to have a plan to resolve any potential project delays and a plan to mitigate the time lost.
So, what steps can a contractor take to mitigate these types of delays? And who might be responsible for the extension of time?
Steps to mitigate delays
The first step, after the contractor has notified the employer, is for an archaeologist to evaluate the find. This will determine how significant the historical find is and the extent of the excavation required for a proper study. By hiring an archaeologist, the find is more likely to be correctly preserved. It sounds like this has happened already, which is positive.
This article was written by Andy Dunbar, a planner/delay analyst at Decipher Group. Click here to read Andy’s full response. Should you need help with a similar problem, please don’t hesitate to get in contact with us today.