I think it would mainly depend on the contractual status of the document in which the assumptions are stated, so here is my tuppence (thinking as I write) :
- if the exclusions are in the Contractor’s WI/Scope, then the PM could either
a. remove the assumptions from the Contractor’s WI/Scope, so the Contractor would still have the obligation to do the work and it would not be a compensation event under 2nd bullet of 60.1(1) or
b. change the Employer/Client’s WI/Scope to remove the work in which case it would be a negative CE;
- if the assumptions were in a document not referenced in the Form of Agreement or from the Contract Data (as an additional entry), then they would not exist contractually due to the entire agreement clause 12.4
- if the assumptions were in a document referenced from the Form of Agreement or Contract Data (but not their WI/Scope), then the argument would be based on offer and acceptance e.g. if the Contractor said here is my offer, but it doesn’t include doing this work, and the Employer/Client accepted the offer, then I think the exclusions would apply.
- however, if the Form of Agreement contained an order of precedence clause and the exclusions had a lower level of precedence than the WI/Scope, the WI/Scope would over-write the exclusions.
- if the exclusions are in the Contractor’s WI/Scope, then the PM could either
a. remove the assumptions from the Contractor’s WI/Scope, so the Contractor would still have the obligation to do the work and it would not be a compensation event under 2nd bullet of 60.1(1) or
b. change the Employer/Client’s WI/Scope to remove the work in which case it would be a negative CE;
- if the assumptions were in a document not referenced in the Form of Agreement or from the Contract Data (as an additional entry), then they would not exist contractually due to the entire agreement clause 12.4
- if the assumptions were in a document referenced from the Form of Agreement or Contract Data (but not their WI/Scope), then the argument would be based on offer and acceptance e.g. if the Contractor said here is my offer, but it doesn’t include doing this work, and the Employer/Client accepted the offer, then I think the exclusions would apply.
- however, if the Form of Agreement contained an order of precedence clause and the exclusions had a lower level of precedence than the WI/Scope, the WI/Scope would over-write the exclusions.