NEC ECC: Option C tender information

Option C Tendering - received a TQ answer; excl. the Provision of a detailed programme before and during the Contract - I’m under the impression this makes much of Option C irrelevant?

Additionally the client provided an indicative Pricing Schedule, to be filled out and submitted during the tender process, this feels more akin to an Option D contract.

I’m assuming that the response to the TQ related to the detail of the programme rather than the programme itself.

You need to be careful as answers to TQ’s may not apply ‘post contract’ due to the ‘entire agreement’ clause (12,4), unless the conditions of contract have been specifically amended at clause 31.2 to reflect this.

It is actually quite common for a Client to provide an activity schedule with the tender documentation under main options A and C, although bear in mind that, as the Contractor, you have responsibility for the completeness and accuracy of the activity schedule so don’t just rely on what has been provided.