Good day
I am looking for a bit of guidance on a particular matter which has arisen.I have been awarded a contract for 3 years based on CPAP, (i am now well into the better half of the second year).My Dilemma is such. A new revision of drawing on a particular project has been issued however it is noted on the drawing that a certain name for a light fitting is different from that which I tendered however the engineer states that it is similar to a light fittings description which was in the bill of quantities which I submitted and therefore I should use the rate of the similar light fitting. in short I tendered on light fitting named TYPE A and on the drawing it indicates TYPE B, however the engineer has stated that the light fittings are similar. Is it considered as a fault on the engineers side and should be considered as a compensation event?and if so is there a clause that covers the contractor in this situation?
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Can you clarify what is CPAP? and which nec3 contract you are working under?
This sounds as though it MAY be an ambiguity under the contract under clause 17.1 where the Employer’s Works Information contains a contradiction. If this is the case, the Project Manager needs to instruct a change to the Works Information i.e. whether it is a light that meets the specification or the specific one indicated on the drawing. This instruction will be a compensation event under clause 60.1(1).
Clause 63.8 then says the CE should be assessed in favor of the Party which did not create the ambiguity. Following this through if you can prove the specific light fitting is more expensive or has time implications to other fittings you could have provided that would have met the spec then yes the CE can assess the difference between the two.
You will have to read the specifics of your contract and more importantly the Z clause amendments to see what the specific answer is in your instance.