NEC4 Ambiguity between scope and contractors tender submission

NEC3 and NEC4 Contracts General
1

HI,
Looking for some advice. I’m quite new to NEC so still trying to get my head around the detail

We have procured a contractor under an NEC4 ECC option A on a design and build basis. In the tender return the contractor listed power,water and drainage as a client responsibility, Hower this detail has not made it into the contract. Would the tender have a bearing on the contract over the scope or does the procurement on a full design and build basis trump this?
All advice is very welcoming as im tearing out what little hair i have left

2

Sub-clause 12.4 states that the contract is the entire agreement between the Parties.

That means that the contract documents determine what is included in the scope of works.

I presume that you have a Form of Agreement which should state what documents are contract documents and may also refer to an ‘order of precedence’ for these.

Note also that information in the Activity Schedule is not Scope, but should relate to the Scope, which may determine any statements included within the Activity Schedule.

1 Like
3

Thanks for the response.
The contractor submitted scope in their tender package refers to client responsibility for utilities. Contract data refers to tender return for design scope.
The job was tendered on a complete design and build basis and the form of agreement prioritised the contract over all other documents. They are claiming no ambiguity and that they made it clear in the tender return, my view is the contract (as a d&b)cannot be completed without utilities in place. s920 of the scope document puts responsibility on the contractor to liase with utility providers