Drawing Inaccuracy

NEC3 and NEC4 Contracts Compensation Events
1

Contractor has entered in to an NEC4 Option A contract.

Drawings were taken-off at tender and submitted price was based upon this. Upon commencing and reconciling the works, it has become apparent that the stated scale is incorrect by a factor of 5%. This has resulted in works being undertaken to a greater extent than what was originally envisaged.

The Contractor is claiming a 60.1 (1) compensation event for a change to the scope upon this scale error being realised and acknowledged (there is no drawing note to say ‘do not scale’, as is sometimes the case)
The Project Manager is stating the contract is an Option A fixed price (which the Contractor takes the risk on quantities) and there is not a change to the Scope, as the although the scale error is acknowledged, no revised drawing has been issued (or is required).

Should the Contractor be entitled to a compensation event or is the Project Manager correct in rejecting this?

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2

If you can demonstrate that the drawing/scale is incorrect, if the Client provided the design it would be a CE under clause 60.1(14).
Errors in the Client design are a Client risk, barring any z clauses to the contrary.

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3

Did the clarification on the scale come via a DWG issued? if so, then it’s a change to the works information and if that document added time and/or money, there’s a viable claim by the Contractor under 60.1.1

There’s also an argument that there’s a claim under 60.1.14 - Client liabilities of which Design error is a client risk or even 60.1.18 breach of contract. The latter being more difficult to prove there’s a breach, but there’s certainly an argument that the scale should be correct.

Either way, I think the Contractor is entitled to a compensation event if the above can be demonstrated

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