NEC ECC: Contractor Design (Outside of Main Contract) Works Information

NEC3 and NEC4 Contracts General
1

We have engaged a Contractor in a design capacity (via a consultancy agreement) to produce design documentation (drawings, specifications, model etc.).

The information has been produced by the contractor and we now wish to enter into an NEC3 contract Option C (with same contractor).

My query is, should the output of the early design works (separate agreement) be filed in the Employers Works Information or the Contractors Works Information?

The information the early works package generated is our proposed design, we just don’t know how to describe the information.

2

You would want it to be filled as Contractor’s Works Information. That way, if there are ambiguities or inconsistencies in it and it needs changing, the Contractor is liable i.e. while it will be a compensation event, there won’t be an adjustment to the Prices and Completion Date.