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Answered: NEC3 ECC: Where there is ambiguity in the contract drawings

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There are two separate issues here:

1) ambiguity between Employer Works Information provided during tender stage. Once you become aware of such an ambiguity or inconsistency you let the Project Manager know, and the PM should then give an instruction to change (the bit of) the Works Information. This will then be assessed in accordance with 63.8 which is in favor of the Party that did not create the ambiguity (in this case the Contractor).  The fact that these ambiguities were missed by the Contractor during tender stage does not automatically make them their problem/liability.

2) changes to the Works Information will be assessed as a compensation event. Any omissions will be assessed using the same rules as additional items. his means that you assess using the schedule of cost components the cost of not doing that work, and yes to have to include fee (i am afraid) in that saving you are giving back to the Employer.

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