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Is it critical for Z clauses to be noted in CDP1 S1 General fist bullet for them to be properly incorporated into the contract

0 votes
I have contract in which contract data part 1 in places refers to an ITT bundle that has a unique identifier number. That pack contained typical documents WI / SI and a separate booklet of Z clauses. CDP1 S1 General - first bullet however does not refer to the ITT pack and expressly states only the core and optional clauses that are incorporated. My view is that the Z clauses have not been properly incorporated even if they are referred directly to in the later bullet ie "If Option Z is used .The additional conditions of contract are. . . . . . "
asked Jun 6, 2019 in Z clauses by Andy Riggott (120 points)  

2 Answers

0 votes
There is no issue with the first bullet point, that's exactly all it's supposed to do is summarise the contractual framework by listing the main and secondary options plus the version of the contract. The first bullet point only needs to list "and Option Z". The Works and Site Information are incorporated by reference further down the General section in Contract Data and Z clauses could be incorporated similarly with a statement like "The additional conditions of contract are ... in document X of the ITT".

I would conclude that the Z clauses have been incorporated correctly and even if "Z" wasn't listed in the first bullet point due to an admin error but it said "The additional conditions of contract are ..." further down I think if it came to a dispute about it they would probably still be incorporated.
answered Jun 6, 2019 by Neil Earnshaw Panel Member (31,100 points)  
0 votes
If it is not listed in first line of contract data (although it should be) you still cant say they don't exist if they are part of the bound signed contract.n It is a bit like if they dont list X7, but then the content of what the delay damages are are listed further on in the section X7 part of delay damages.  It is pretty clear the intent is that delay damages exist but you cant just say as X7 was not listed on the first line of contract data that they don't apply. Best question/clarify that at tender stage to avoid the issue!
answered Jun 6, 2019 by Glenn Hide Panel Member (87,180 points)