We have a situation where the contractor must consult to enable a design to be carried out within the works information. The requirement to consult is not listed in the Schedule of Constraint’s in Appendix 1/13 (Programme). We have a defect as a result due to redesign solely due to the lack of consultation.
The whole issue of constraints is an interesting one. The defintion of the Works Information 11.2.(19) bullet two refers to the Works Information “states any constraints on how the Contractor Provides the Works”.
The Works Information may contain many constraints on how the Contractor is to provide the works many of which will not be called a constraint or under any type of heading which specifically refers to constraints.
The failure therefore of the Contractor to consult as required by the Works Information (this can be considered a constraint on how the Contractor Provides the Works).
The Schedule of Constraints in Appendix 1/13 (programme) to which you refer are presumably just specific programme constraints and not necessarily a list of all the relevenat contraints to which the Contractor must abide within all of the Works Information.