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NEC ECC: Option C ambiguity in works information

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Under an option C contract, in the scenario where the Works Info required a piece of equipment to a particular spec and it has become apparent that the contractors works information for his design is a much lower spec. The employer requires the height spec equipment.

Who is responsible for the uplift in cost for the required equipment spec?
asked Nov 7 in General by IRB (160 points)  

1 Answer

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This is an ambiguity created by the Contractor so this would be an instruction to change the Works Information that would NOT be a compensation event and hence Contractor risk. By accepting the design, they are not taking on liability of the submission not complying with the original Works Information. In reality under option C - this would not be a disallowed cost, so the Parties would share the cost of this error (but the target will not change).
answered Nov 7 by Glenn Hide Panel Member (77,210 points)