Frequently Asked Questions

We are the project manager on an NEC3 Engineering and Construction Contract (ECC). The contractor submitted an alternative design to the conforming drawings and this was accepted at tender stage. We now have discrepancies between the conforming drawings and the specification. The contractor says this is an ambiguity under clause 17.1 that needs to be resolved. However, if the conforming drawings are no longer part of the works information, there is no ambiguity. Please advise.

If the alternative design was accepted at tender stage, the parties should have removed the redundant requirements from the employer’s works information before the contract was entered into. As that did not happen this is not an ambiguity, but it is an inconsistency in that one part of the works information is not consistent with another part. In that case you as project manager are required to give an instruction to change the works information to resolve the inconsistency.

Given that both parties are agreed that the contractor’s works information is accepted, you should issue an instruction removing the inconsistent requirements from the employer’s works information. Again, given that both parties agree that the contract is in error, this will be treated as being a compensation event which does not change the prices, the completion date, or any key dates.

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