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NEC ECSC: Who runs risk of items missed off the Price List?

+1 vote
If the Price List has been agreed at point of signing contract, and then it turns out that an item has been missed off that list, who's risk is this? If this was on the tender drawings, there is no change to the Works Information, so where can this be captured as a compensation event, particularly if the client does not want to pay for it?
asked May 15 in NEC3 General by Rick  

1 Answer

+2 votes
The Contractor's obligation is to Provide the Works in accordance with the Works Information, not in accordance with the Price List therefore how the Contractor prices the Price List would usually be a Contractor's risk. If you review the compensation events under clause 60.1 there isn't one for work being required that isn't included in the Price List and as such there would be no compensation event for the Employer insisting that the Contractor does the work that the Works Information requires him to do. This work is deemed included in the Price List even if there isn't a specific price for it.
answered May 15 by Neil Earnshaw (7,460 points)