As a Contractor I included an assumption in our tender submission that we have NOT allowed for a certain element of the Works Information. That page of Contractor tender assumptions has been included within the signed contract.
The Project Manager requires this element to be done as it states within the Works Information - but she is saying that they do not agree this is a compensation event as the Contractor created an ambiguity with their assumption and that will go in their favour.
I understand that it would have been better to have the contract amended in line with the assumption and then it would be very clear. But in the situation where there are assumptions in a signed contract that contradict the Works Information - is the Contractor protected here or not? The intent is pretty clear from the Contractor and they have had their bid accepted with their assumptions included, but can the Project Manager still wriggle out??
The Project Manager requires this element to be done as it states within the Works Information - but she is saying that they do not agree this is a compensation event as the Contractor created an ambiguity with their assumption and that will go in their favour.
I understand that it would have been better to have the contract amended in line with the assumption and then it would be very clear. But in the situation where there are assumptions in a signed contract that contradict the Works Information - is the Contractor protected here or not? The intent is pretty clear from the Contractor and they have had their bid accepted with their assumptions included, but can the Project Manager still wriggle out??