NEC4 Option A - Contractor Exclusions

Where is the most appropriate section of the contract documents to capture agreed Contractor exclusions / qualifications?

In this particular example the Contractor has no design responsibility, so including a list of Contractor Conditions / Exclusions under “Scope Provided by the Contractor for its Design [as referenced in Contract Data Part Two]” does not necessarily seem appropriate. Would a new reference in Contract Data Part Two or a specific reference in the Form of Agreement make more sense? We want something more robust than a reference to a tender letter or similar, but interested to get views on where best to include these.

1 Like

Mike. Its probably best to either include the Risk Register as a Contract Document allocating risk or draft some additional Z clauses that allocate risks to the Client or the Contractor as the case may be.

2 Likes

i agree with Mike but think the most robust way to capture would be to introduce the items as additional compensation events in CD Part 1 (“If there are additional compensation events”)

1 Like