I cannot answer this due to uncertainty over.:
- what 'red-penning' means;
- who did the red-penning and when?
- when were the construction drawings issued: pre or post-contract?
- where was the caveat in their offer stated?
- who missed the bases from the drawings prior to acceptance: were they not on the drawings, (but stated somewhere else in the Scope)? Or was it the Contractor who did not take them off?
- what 'red-penning' means;
- who did the red-penning and when?
- when were the construction drawings issued: pre or post-contract?
- where was the caveat in their offer stated?
- who missed the bases from the drawings prior to acceptance: were they not on the drawings, (but stated somewhere else in the Scope)? Or was it the Contractor who did not take them off?