Reference to your letter no. KPSS/SA/B/ANW/13/0235 dated November 30, 2013; SAPMT has repeatedly requested ICC by letters and also verbally to provide method statement showing underground utilities detection, which ICC has failed to provide.

ICC has to comply with schedule A clause 5.3 ‘’CONTRACTOR shall protect from damage all existing structures, improvements or utilities at or near the WORK Site, and shall repair and restore any damage thereto resulting from CONTRACTOR's failure to exercise reasonable care in protecting the same during CONTRACTOR's performance of the WORK. 
It is mentioned in schedule A clause 7.6 & 26.2 , referred by you in your letter that ICC Performs all other obligations required of it by the terms of this Contract in such time and manner as to facilitate the orderly prosecution of the WORK .

In the schedule A 26.2 The term "force majeure" as referred by you and as used in this Contract shall mean “any act, event, cause or occurrence rendering a party unable to perform its obligation which is not within the reasonable control and not caused by the negligence or fault of such partyâ€.

Therefore, and in light of the above it is obvious that ICC has been negligent by not providing sufficient means and methods, despite the early warnings given by SAPMT and thus ICC cannot claim any compensation. 
 
Should you have any questions, please contact Fahad A. Al-Balawi, Sr. Project Engineer on Tel.  No. +966 12 422 4393.
