Works Information (drawings)

NEC3 and NEC4 Contracts Compensation Events
1

Under an Option A contract (NEC 3), it is my understanding that the activity schedule is a lump sum for “providing the works” e.g. the information shown on the contract drawings and specification. It is also my understanding that it is a contractors risk, if an item is not included/ omitted in the activity schedule as it is deemed to be included in the other items in the schedule.

An issue has arisen on the project I am currently working on (Option A, NEC 3). On different contract drawings, the construction detail for the edge of the same footpath are different (Note - the contract appendices/ specification provides the same information as that shown on the drawings so there is no ambiguity/ inconsistency between drawing and specification).

The Contract drawings are in different series (structures, landscaping):- one drawing shows the edge details as a blockwork wall, the other drawing shows is as a precast kerb. (Note - the correct detail should be blockwork wall)

The activity schedule has broad headings that would appear to suitable to cover both instances of edge details.

My question is:-

  1. Does the lump sum include for both instances and thus the “wrong” edge detail should be deleted (cl60.1 (1)), thus reducing the prices only (cl63.10), or
  2. Is cl17 (ambiguities or inconsistencies) applicable and thus a compensation event under 60.1(1) value using cl63.8?

I hope I have explained the above clearly.

2

I would say Clause 17 applies and, as you say, 63.8 also applies to the assessment of the CE.

3

Dave,

Thanks for your comments.

As the Contractor is responsible for “material take off” under Option A, the tender may have been prepared by several estimators. How would you be able to determine as to whether both edge details had been priced and included (Contractor oversight) in the tendered activity schedule?