A CE has been raised which has a knock on impact on an element of the contractors work. At tender stage the contractor both excluded this element of work and stated that this element of work was included within their design. This is an obvious conflict within a document produced and submitted by the contractor. Should the contractor be paid for this element of work if it is not clear whether it was originally excluded or not due to their error?
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Suspect the answer to this question will somewhat depend on the Option in use. If it’s Option A I would propose that any errors in the Activity Schedule are the Contractors risk, for example.
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