You are correct, but it could be influenced by the amount of pre-contract work the Contractor did. For instance, what you would expect an experienced Contractor to know could vary between :
- a Contractor who won the work as one of six tenders who had a month to bid. If the Employer (NEC3) /Client (NEC4) pointed at this clause, my response would be how come your consultant who prepared the design didn't identify it and reference if from the Site Information, (2nd bullet point)
- a Contractor under ECI who was paid for a year on a consultancy basis to work up the design with the Employer.
- a Contractor who won the work as one of six tenders who had a month to bid. If the Employer (NEC3) /Client (NEC4) pointed at this clause, my response would be how come your consultant who prepared the design didn't identify it and reference if from the Site Information, (2nd bullet point)
- a Contractor under ECI who was paid for a year on a consultancy basis to work up the design with the Employer.