NEC ECS: Including the Contractor's WI into a Subcontract

Within an ECS the Contractor has included its own Works Information from the ECC into the Subcontract Works Information by reference to the relevant document. This Works Information only includes references to the works the Contractor is to provide (not the Subcontractor).

The Subcontract Works Information makes no statement along the lines of “where Contractor is stated in document y, this shall be deemed to be Subcontractor”. Where does the Subcontractor stand on this? Is he obliged to carry out the work identified as being for the Contractor as it is included in the Subcontract Works Information or can he argue (successfully) that this is work the Contractor has stated he will do in the Subcontract Works Information?

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I assume that the Contractor has cut & pasted the relevant bits of the Works Information that he wants the Subcontractor to do, rather than cut & pasted the whole of the main contract Works Information.

Assuming this, by strict legal interpretation of the words, it could be argued that the Subcontractor does not have to do anything !

However, a contract is interpreted by reference to the overall meaning, not just specifics of each sentence. In that light, it would be kind of obvious what the intention was : the Subcontractor does the work contained in its Works Information, even though the references are to the Contractor.

Not good practice though and likely to throw up some grey areas where clause 63.8 (of the NEC3 ECC) for ambiguities and inconsistencies will apply to the Subcontractors advantage.