NEC4 - VE option and contract drawings

NEC3 and NEC4 Contracts General
1

Using an Option A NEC4 contract: at pre contract the Contractor presented a VE option for a window design. The VE option was accepted informally by the Employer and contract agreed. However the contract drawings did not change to reflect the VE option. The Employer wants to revert back to the original design intent as per the contract drawings.

Does the contract drawing/scope take precedence over the pre contract VE option which was accepted but not formally recorded.

2

Welcome to the Group.

Standard NEC is an entire agreement contract (see clause 12.4) so the executed contract supersedes any precontract discussions.

There are certain situation where precontract discussions might be taken in to account but these would generally be legal matters such as misrepresentation. If the contract can operate as entered into and the Employer does not want to recognise the change then you should take legal advice.

3

Thank you!

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