No people overheads % has been included in the NEC3 ECC Option A contract. The space where this is to be entered in the Contract Data part 2 was left blank. Can the party whom drafted the contract dispute the other party who now want it included post contract? i.e. if it is left blank, is it a given that this means that no people overheads percentage applies? or is the party whom drafted the contract bound contractually to agree a people overheads % post contract and have this included? or can it be disputed contractually?
Also, if the party whom wants the % now included has raised the issue under clause 17.1 as an inconsistency, is this viable and what options are there available to close out the issue?