NEC3 ECC: Ambiguity within the Works Information

What are people’s views on the use of quantities within a Works Information document and the risk of the stated quantity being at odds with the construction drawings. Although Option C is not remeasurable, can the Contractor rely upon the quantities stated within the documents?

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The question here is which quantity should they rely upon within the Works Information? If indeed it is exactly as you describe here, and there is a conflict between two pieces of Works Information that is provided by the Employer then what we have here is an “ambiguity”. Clause 17.1 states that either party should let the other know when they become aware of an ambiguity, and the Project Manager should issue an instruction to resolve the ambiguity.

In this case, such instruction would be a compensation event as it is a change to the Works Information – 60.1(1). Clause 63.8 then confirms that the compensation event should be assessed in favour of the party most favorable for themselves, which in this case would be the cheaper/quicker for the Contractor. The difference between the cost of the two items (and the time effect) will be the assessment of the compensation event.