Some comments on whether an accepted Contractor design becomes part of the Works Information (WI).
The Contractor is obliged to Provide the Works in accordance with the WI, which is prepared by the Employer and may also be prepared by the Contractor.
The Employer’s WI essentially describes the Employer’s requirements and any constraints on how the Contractor is to Provide the Works. The Employer’s WI is identified in Contract Data Part 1.
The Contractor may propose his own WI in Contract Data Part 2. The Contractor’s WI sets out their proposals for works which they are required to design.
Where there is a conflict or inconsistency between the Employer’s and Contractor’s WI, the Employer’s WI takes priority, although the PM may instruct a change which would then become a compensation event.
A Defect occurs where the works are not in accordance with the WI or the works are not in accordance with the Contractor’s design accepted by the PM. However, where the works are in accordance with the Contractor’s design accepted by the PM, the works can still be a Defect under the first part of the definition, that is not in accordance with the WI.
If an accepted Contractor’s design automatically becomes part of the WI then if the works are constructed in accordance with this, it would not constitute a Defect and the Employer would have to accept the works as constructed, even though it was not what the Employer originally specified in his WI.
You could argue that the PM has accepted the Contractor’s proposed design, although the PM’s acceptance of any design does not relieve the Contractor of his obligations and responsibilities under the contract. This leads us back to the Contractor being obliged to Provide the Works in accordance with the WI.