We have let a contract under the ECSC and in the Price List have described block paving items which include for proprietary bedding, grout and primer. The choice of supplier for this system is up to the Contractor. The areas of block paving are clearly denoted in the Works Information on the general arrangement drawings.
The Contractor has submitted a Price List, been awarded the job and then issued a CE notification regarding a Change to the Works Information stating that they have only allowed for a very narrow joint since this is what is in the block paver manufacturers data sheet. However, the proprietary grout system they have admitted to pricing for states a minimum joint width which is greater than they’ve allowed for. The Employer has asked for confirmation from their supplier that they would stand by their product if used with the joint width the Contractor has claimed he allowed for.
Is this CE valid or should the Contractor have allowed in his Price List for the minimum joint width for the products he is proposing to use?