NEC3 ECC Vague Works Information

We are the Contractor, say the Clients Works Information asks for Car with no real spec. We offer them a low spec car, once in contract they then comeback and say they want a top of the range car.

How is this managed within the CE process (we at tender stage have obviously only priced for the lower spec car)

Aware the contractor can not reject our car design (as it complies to the Works Information… we’ve offered them a car… and that is all they have asked for) cl 21

Now they have said they do not want that lower spec car as want the higher spec car… which CE clause would be used? - Would it be 60.1(1)? its not really a change to the WI as we are offering the car (just a higher spec than we had allowed) Works Information was very vague with little information

There are a few questions in here but essentially this is going to be a change to the Works Information in that new constraints are being introduced whether explicitly (a car with certain characteristics which were not defined before) or more generally by reference to a range, eg from “car” they have moved to Mercedes C class or equivalent. The key here is to look at how Works Information is defined and if any of that changes then you are in the realms of 60.1(1).


Hrunner this is a very common situation within most projects even when the Works Information is well detailed.

If the Employer is asking something which does not form part of the Works Information but they think it does, try getting them to issue Project Manager Instructions which clarifies what they want, then a issue compensation event notification.

What you must do if the Contractor wants to have a less complicated life in a dispute is to get the Employer to decide as much as possible, which they are obliged to do.

It worth mentioning as well, the Contractor may well have priced the C Class but are trying to deliver the A Class. Happens all the time and is even more nuanced than these over simplistic representations.