The Contractor has discovered a design error in so far as some hand railing he has manufactured will not fit into an enclosed hoist which is fixed to the outside of an existing building thereby rendering him incapable of lifting the rails into position. The Works Information (WI) did state that a hoist had already been installed for his use however this is a fundamental error in his design study and could be used to show he hadn’t considered the WI but on the face of it seems a retrospective argument to apportion blame. Therefore:
Is this a defect under the defined terms of the Contract?
This is an Option C so is it arguable that rectification could consequentially be a disallowed cost however there is no specific “constraint” in the WI about this allowing the Employer to impose clause 11.2(25) conditions?