We have the following scenario on a project;
- Works Info states item to be free issued by the Employer.
- Item is delivered to site compound.
- Contractor submits Notification to say that they believe the movement of the item from the compound to the workface is a CE as the Works Info is mute on exact delivery location. Not insignificant temporary works required to facilitate movement of free issue item.
Should an experienced Contractor know that materials are likely to be delivered to the compound, rather than the workface?
NB Cl17.1 has following text added to the end “Notwithstanding any other provision of this contract, any such ambiguity, inconsistency and/or instruction is not a compensation event, and does
not result in any increase in the Prices or any delay to the Completion Date or to any Key Date.”
The amendment to Cl17.1 suggests to me that the only avenue to a CE (PMI correcting an ambiguity) has been closed off anyway.
Appreciate any thoughts.