NEC3 ECC Works Information referencing current or latest version of document

NEC3 and NEC4 Contracts Compensation Events
1

My question relates to where the Works Information states that the Contractor is to comply with the ‘latest version’ or ‘current version’ of a document, for example, a standard, or the Employer’s quality management process. If that version changes during the contract period, would this amount to a Change to the Works Information, or is the Contractor deemed to have taken the risk?

For example, the Contractor has to comply with the Employer’s KPI measures. The Works Information states that the Contractor must always report against the ‘current version’ of the KPI measures for performance management. Mid-contract the Employer introduces more onerous KPI measures that will lead to an increase in the Contractor’s Defined Costs by additional measurement requirements. Would this be a change to the Works Information to instruct the Contractor to implement the latest version? Or, is this not a change based on the statement in the Works Information that the Contractor always adheres to the current or latest version, therefore the Contractor taking on this risk of any such change.

In theory, there is no change to the WI as it is still the ‘current version’ being used, but it feels perverse for the Contractor to take on a risk that they cannot reasonably foresee e.g. they cannot foresee how the Employer would change such measures in the future.

2

Yes if the Employer’s quality management process changes and you are instructed to follow the new process, this should be a changed to the Works Information.

Few extra points to be mindful of:-

  • Clause 20.1 requires the “Contractor provides the works in accordance with the Works Information” eg the old quality management process, not the new one until its instructed. Don’t start following the new process until you are instruct to in writing.
  • Clause 14.3 allows PM to instruct change to the WI and clause 13.1 require it to be in writing. Don’t just start working to the new standard because you think it’s what he might want.