The Project Manager is wrong here - assuming there is no Z clause amendments that change the standard contractual rules.
There is a strong onus on the Employer to produce in the first place good, thorough, unambiguous contract documents including Works Information. Just because they were given documents at tender stage does not mean the Contractor is liable for any such ambiguities.
I17.1 obligates either Party to let the other know when they become aware of a ambiguity or inconsistency between contract documents. The same clause then obligates the PM to give an instruction to resolve the ambiguity. If that instruction is a change to the Works Information then that will be a compensation event under 60.1(12). How that is assessed is covered in 63.8 - which is in favor of the Party that did not provide the ambiguity.
The only time-bar that exists within the contract is if a Contractor fails to notify a compensation event within 8 weeks of becoming aware unless it is one of the reasons that the PM is obliged to raise.
There is a strong onus on the Employer to produce in the first place good, thorough, unambiguous contract documents including Works Information. Just because they were given documents at tender stage does not mean the Contractor is liable for any such ambiguities.
I17.1 obligates either Party to let the other know when they become aware of a ambiguity or inconsistency between contract documents. The same clause then obligates the PM to give an instruction to resolve the ambiguity. If that instruction is a change to the Works Information then that will be a compensation event under 60.1(12). How that is assessed is covered in 63.8 - which is in favor of the Party that did not provide the ambiguity.
The only time-bar that exists within the contract is if a Contractor fails to notify a compensation event within 8 weeks of becoming aware unless it is one of the reasons that the PM is obliged to raise.
