Contractors perspective, currently on a D&B option A job to build a solar farm.
Works information is a performance specification which both indicates existing ducting is to be used as part of the works, however it also includes words to the effect of the contractor is to make an assessment of the suitability of the ducting for re-use and make allowances for its repair where required.
The site information at tender indicates the ducting is reusable.
Works were tendered on the basis the assessment of the ducting’s suitability would be made post-award. Assuming the Employer would be taking the risk of the physical condition of the existing plant, however this was not clarified.
A CNCE was raised and accepted once an assessment was made and we were advised by the specialist contractor the ducting was wholly unsuitable for reuse. A quote for replacement ducting was submitted.
The PM has made their own assessment of the quote and valued it at nil, stating that the condition of the ducting is a contractor’s risk.
It’s our view that the physical condition of the plant is an employer’s risk and that if the ducting was wholly unsuitable the WI would have not indicated it could be re-used. And instead would have made provision that replacement in its entirety is required as part of the works.
Struggling with this one a bit, is our position reasonable?