NEC ECC: Tender Works Information vs Contract Works Information

NEC3 and NEC4 Contracts Compensation Events
1

We priced our work based on the tender Works Information given.

When a contract was issued the contract Works Information included a requirement for 3rd party approvals to be shown on our programmes. We entered into contract on these conditions.

After developing our baseline programme we identified a 6-week duration increase due to 3rd party approval periods.

We are claiming a compensation event under clause 60.1 (1) a change to the Works Information, as this was clearly outside of our tender programme we had priced.
They are claiming that the additional prelim time is not recoverable as it does not form one of the compensation events in the contract, as the 3rd party approval requirement is clearly stated in the Works Information.

I am concerned that clause 12.4 states that “this contract is the entire agreement between the parties”. And therefore tender WI at the point of signature would be made redundant.

I would appreciate any advice on tender WI validity when in contract, and any available methods of cost recovery.

2

You’re absolutely correct in your understanding and the Project Manager is correct in their interpretation of the contract. This is not a CE under the contract.

You really should have checked the revised Works Information for changes before signing the contract as this clearly could have affected your price and programme.