NEC ECC: Is lack of information in the Works Information a compensation event?

[system]

Under option A, the Works Information contains an instruction to remove and replace all materials across a number of sites but only gives information to the Contractor to quantify the volume of some material and has accidentally omitted around half of the material requirements.

The activity schedule outlines the activities required to complete the works and the prices.

At site it is established that the missing material means the Contractor will be short of material.

It is discovered that the other 50% of material was missing from the WI.

The client thinks the Contractor should have asked before pricing and the price is at the contractor’s risk.

The Contractor thinks the missing information, now being provided, is a change in the Works Information.

What do you think?

[Andrew_W-I]

The Works Information is provided by the Employer. If it says to ‘do something’ then that is what you price for in the Activity Schedule. If the ‘something’ subsequently changes to ‘something else instead’ then this is a change to the Works Information and a compensation event.

There are always questions of whether a Contractor should have spotted an inconsistency as a ‘competent contractor’ although the words that apply to a situation are the conditions of contract, rather than the opinions or views of the parties.