An ECC Option C contract has been awarded for the construction of a concert arena. The access to the Site is constrained significantly and results in the Contractor having to decant the fill material into small dumper trucks from the delivery wagons. The Scope provided by the Client was clear about the access constraints. a. The Contractor believes that this constitutes an impossible requirement and notifies the Project Manager of this under clause 17.2. How should the Project Manager respond? [3 marks] The Client's health and safety representative is concerned about the deep excavations required to construct the arena lighting columns and wants to see the design of the earthwork supports. b. What provisions exist within the contract to provide for this? [4 marks] The Contractor notifies a compensation event under clause 61.3 stating that this was not included in the Scope and this is impeding the work. c. Is this a compensation event? How should the Project Manager respond? [5 marks] The original Scope was, in hindsight, poorly drafted in certain areas. Whilst the Contractor is responsible for design, the Scope did not contain a requirement for the submission of design in accordance with clause 21.2. The newly appointed Supervisor now wants to see the design of the permanent foundations and steelwork. d. Can the Supervisor instruct this? How can the design be verified before work commences? [6 marks] The Client's use of the arena has now changed from that envisaged at the tender stage. When the Contractor's steelwork design is submitted, it complies with the law and original Scope, however, it would now prevent future expansion to the West side of the arena which is what is being considered by the Client. e. Does the Project Manager have to accept the design? What provisions exist in the contract for dealing with this situation? [7 marks]