ECC Option C Contract

A problem has occurred on an ECC Option C contract for a sports stadium. The Works Information stated that all works are to be designed by the Contractor except the steelwork, which will be designed by the Employer . An argument has started over the detailed steelwork fixing drawings. The Contractor believes that these should be prepared by the Employer . The Employer states that these are always designed by the Contractor .

How should the Project Manager deal with this? Who is contractually responsible for producing the detailed steelwork fixing drawings?

This is typical of situations that can arise when the Works Information/Scope has not been clearly drafted and checked and checked.

The answer will be determined by what the contract says or if not expressed what is implied.

It is not possible to answer your question directly without sight of the whole contract but if the parties cannot agree then they should agree to set out their positions and to get an independent third party view. The Employer’s view of “these are always” is in itself not a contractual reason.

Yet another exam question!