What is the correct course of action to take when it is discovered that information referred to in the Works Information was not provided - the info was to be included along with the Contract documents (not during the period of the Contract) but wasn’t provided. The Contractor has only highlighted it’s absence a significant period into the contract duration. To date it is believed that the absence of the information has not had a detrimental effect on the Works - the information does not itself detail work to be carried out, but rather was intended to show how certain tasks could (as opposed to should) be undertaken. In essence, it’s absence has not had a material effect upon the Contractor (perhaps highlighting it wasn’t really necessary as WI at all).
The first step would be to decide if it is really necessary to add the additional information to the WI as the Contractor seems to be fine without it. If you do consider it necessary, then the PM needs to issue an instruction under 14.3 to change the WI to add the new information. This will be a compensation event under 60.1(1), but the value of that compensation event could be zero.
Thanks Steven…do you consider that because the missing info was referred to in the Works Information, but ultimately wasn’t provided, needs in itself to be addressed? The Contractor’s has suggested it’s absence is having an effect - although this is believed not to be the case. Would one option be for the PM to raise an ambiguity under 17.1, followed by an instruction that the missing information will not be provided. Given the instruction would not be adding to the WI no instruction for a quotation would be forthcoming.
Yes, you could do that - but that’s probably the same as just doing nothing. If the Contractor considers it to be an issue, then it can issue a notification under 17.1 and, if it does, then the PM could then state to carry on regardless.