Or does it? A friend of a friend recently said(ish) that they could not advise or approve NEC for client use as there had been no major litigation on it and therefore they found it legally ambiguous.
'What' I hear you say. 'What complete tosh' I say! So let me get this right, there needs to be case law tearing standard form contracts apart limb by limb presumably overs years and years in order for somebody (no doubt quite bright) to be able to say, 'yes, this is proven contract, the Courts tried their best but could not find a way through'.
In the meantime our industries can hopefully get on and make some significant improvements to the way in which we do business, free of Court intervention if at all possible. If we can stop legal and other advisers pursuing 'interesting points of law', at the expense of somebody else, that seem to me to do little other than take from the balance sheet of other organisations then we will be well on our way to maturing as an industry.
Robert Gerrard
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When listing the contract documents for NEC3 ECC what does Contract Data Part Two consist of - is it the information inserted into the section Contract Data Part two or does it also include all the documents referred to in the Contract Data Part Two such as the the Contractor's Work Information, programme, bill of quantities etc. I have seen various lists of Contract Documents in Forms of Tender and Forms of Agreement and Clients appear to have taken different approaches.
ReplyDeleteHi,
ReplyDeleteThe tenderers properly fill and and submit those things that the contract data part two (CD2) and enquiry documents require them to, such as Works Information (WI) for the Contractor's design and the bill of quantities (BQ). These are references to separate documents but form part of CD2 and therefore the Contractor's offer. Each document submitted as part of the CD2 has the status the ECC gives it eg Contractor's WI below that of Employer's WI, BQ is not WI and so on. If you list CD2 in the form of agreement (as shown in the sample form of agreement in the appendices to the ECC guidance notes) then you are bringing into the contract those documents it correctly refers to.
Rob
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