NEC ECC - Unapproved Drawing Changes

We tendered a project to unapproved construction drawings. As the detail filtered in throughout the project, inevitably variations did also.

The stance the Client is taking is that, as a reasonably experienced Contractor we should have expected to provide these items at what they deem suitable specifiations.

From a contractual/legal perspective, if an item wasn’t shown on tender drawings or referenced in our tender information, then is it a compensation event whether the item turned out to be necessary or not?

Your tendered price is deemed to have been based on the provisions of the contract and the Works Information in existence at time of tender. You will need to check the Instructions for Tender and/or Form of Tender or similar to be sure of the actual cut off date eg 1 week before tender submission.

Any changes to the Works Information are, by definition, compensation events that entitle a change to the Prices and Completion Date. The tenderer is not expected to be prescient, if it was it would be doing the lottery not bids!