Under NEC3 ECC where should i include a Contractor’s design deliverables from a separate PSC consultancy agreement? Please suggest points to consider
I am assuming that the Contractor has done some design under the Professional Services Contract and you now what to incorporate that into an Engineering & Construction Contract for them to (possibly) further develop and construct.
The best place, from your perspective, for it to be referenced would be in Contract Data Part 2 as part of “The Contractor’s Works Information for his design” as opposed to Contract Data Part 1 as the Employer’s Works Information. This is because if there is an ambiguity or inconsistency both within the Works Information that has been developed under the PSC or between it and other Employer’s WI, then the Contractor will ‘take the hit’ in terms of changing the inconsistency to the higher standard or a reduced Prices if the Project Manager decides on the lower standard.
In contrast, if it was referenced as part of the Employer’s Works Information, then it would be the Employer who would ‘take the hit’.