JCTDB2016 - Conflict between contract particulars and ERs


I am working on a JCTDB16 contract (unamended). The contract particulars have been completed within the Contract itself, but a set of prelims forms part of the ERs, and some of the contract particulars within section A20 of these prelims differ from those within the contract itself. How should this disparity be addressed? do the particulars within the contract document take precedence.

Many thanks

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A JCT 2016 contract cannot be amended by any of the Contract Documents as Clause 1.3 of the same prevents that happening. If you wish to vary any of the Contract Particulars, the Articles, the Recitals or the Conditions then you have to incorporate those amendments using a Schedule of Amendments. If you need advice on how to do that then please get some proper advice. All the best. Mike

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Thanks Mike, this is how I understood it, but was keen to double check.

Its a common mistake that people make. The NEC suite has a similar provision in it. All the best.