What are the implications of the contract data pt1 stating secondary options in (1 General) section but no reference to it later in the contract data or vice versa?

1 Like

Hi Gabriel,
not all Secondary Options require data to be included in the Contract Data, X4 and X11 do not have data entries, it is difficult to tell from your snapshot which other Secondary Options you think the information is missing but for those which do need it the information cannot be added once in contract, there is no contractual provision to change the Contract Data entries or add missing information. The only way it can be done post contract is through a clause 12.3 amendment which requires the mutual agreement of the Parties in writing and signed. The PM cannot do this, it has to be the Parties.
What needs to happen is an ambiguity/inconsistency needs to be notified about any missing information to the PM under clause 17.1, the PM states how this is resolved and their only option is to propose that the Parties attempt to enter into a 12.3 agreement and agree what needs to be added.

As an aside, is this must an old project? I notice that they are using the unamended version of NEC4, it has been updated 4 times since the first publication, the latest version is with amendments dated January 2023.

2 Likes

Thank you very much found this helpful. Yes this is an older project which is potentially going into dispute

Also there is a z clause in the contract data but not in the secondary options box