We are working on an NEC Option A contract with novated design consultants who are novated through a professional services agreement. The Employers Agent and the novated consultants are from the same company but different from departments.
In our tender clarifications with the Employers Agent we agreed to undertake the discharging of the planning conditions assuming this was covered under the novated consultants as they had applied for the planning applications.
There is no specific mention of planning discharges within the novation agreement however our consultants are claiming because we accepted these within our contract with the Employers Agent and these are the same company it applies to them and is therefore our responsibility.
If there are separate contracts in place i.e the main form and the novation agreement can clarifications be cross referenced between the two because the Employers Agent and the Architect are from the same company?
And if there is an ambiguity in the matrix of responsibility included in the novation agreement but the WI is clear do we hold the risk?
In our tender clarifications with the Employers Agent we agreed to undertake the discharging of the planning conditions assuming this was covered under the novated consultants as they had applied for the planning applications.
There is no specific mention of planning discharges within the novation agreement however our consultants are claiming because we accepted these within our contract with the Employers Agent and these are the same company it applies to them and is therefore our responsibility.
If there are separate contracts in place i.e the main form and the novation agreement can clarifications be cross referenced between the two because the Employers Agent and the Architect are from the same company?
And if there is an ambiguity in the matrix of responsibility included in the novation agreement but the WI is clear do we hold the risk?