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Answered: NEC ECC: Works Information or Estimate Asumptions & Exclusions, does this constitute a CE?

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The main issue with assumptions and exclusions in tender documents is whether they are incorporated into the contract documentation.  Clause 12.4 makes clear that the contract is the entire agreement between the parties.

You are further required, under clause 20.1, to Provide the Works in accordance with the  Works Information, that is to comply with the stated requirements, whether it describes how you are to work or what you are to do.

It looks like you have a 'design and build' contract, let 'on the basis' of the information obtained under Phase 1 (which now becomes part of the Site Information).  It also looks like the WI is clearly worded, especially at section 1.1.1.2, which obliges you to carry out ground investigations to confirm ground bearing capacity.

Consequently I don't see why this would be a CE under the contract.

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