NEC ECC: Option A (Contractor Design) and updating Contractor's Works Information

NEC3 and NEC4 Contracts Compensation Events
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We are currently engaged by the Employer for the design and construction of a building and have just moved into the construction phase. We have little design documentation contained within the Employer’s Works Information and the majority of the design (drawings, detailed specifications, etc.) sit within the Contractor’s Works Information.

Naturally the design is developing for the construction elements that have yet to be constructed and that involved contractor design Unlike JCT, where i believe this would not be an issue, should we be offering the developed CWI to the Employer’s PM to administer and accept/approve and issue an instruction to change the CWI and protect us from future defects being raised? Not all the design information was captured in the CWI and I am mainly referring to the detailed specifications within that will change/develop under the D&B process. It should be noted however that any performance criteria contained within the specs will still be met regardless of the changes.

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You may be confusing Contractor’s Works Information (CWI) - in place at the signing of the contract - with detailed design developed by the Contractor after the contract has been signed.

If your CWI complies with the Employer’s WI, then if the PM wants to change its, it is a compensation event and the sooner the PM changes it the less the impact.

If the detailed design developed by the Contractor complies with the WI, regardless of whether it is the Employer’s or Contractor’s or both, but the PM does not like it and wants to change it, then it is a compensation event and the sooner the PM changes it the less the impact.

If you build the asset in accordance with the detailed design (which is in accordance with the C’s WI and that in turn is in accordance with the E’s WI), then it is not a Defect as defined in the contract.

Lastly, you do not have to submit your detailed design to the PM for acceptance except if it is stated in the WI that you have to. If this is not the case for an element of design, then the sooner the PM states this and changes the WI to reflect it, then the more you can plan for it, the less impact on the programme and the less the change to the Prices (if any).

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