Within our contract there is a supplement to the SOCC which is stated within a Z clause as an appendix to our contract. The ITT had an asteria against the appendix number which has since been replaced with an actual number when we came to sign the contract. I admit we missed this bit. All of the appendixes are listed in the signed contract but that isn’t one of them. As it is referred to but not included, does this document form part of our contract? It says an electrical version is available on request but again is not one of the listed appendixes.
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@WatersideSurveyor my understanding is that a contract can sometimes be formed where one party has not seen a copy of all the documents that are said to make up the contract in question but it will turn on the facts.
It might not necessary for the appendix to be set out in the document if for example it was provided at the time of tender. They can be incorporated by reference, provided that reasonable notice of them has been given.
@Rob_Horne, @stevencevans and @Mike_Tiplady welcome your thoughts.
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Chris thanks for the reply. The document was mentioned in the tender but had a ## next to the appendix number. It wasn’t listed on the tender documentation list. The ## was removed when contract issued but still not listed as a contract document in the appendix.