NEC conundrum - precedence of documents

Which contract documents take precedence?

Core Clause 20.1 of the NEC3 ECC states that "The Contractor Provides the Works in accordance with the Works Information", so it looks like the Works Information takes precedence over other documents which are not expressly dealt with elsewhere.

In Option A, Clause 54.3 allows the Project Manager to reject a Contractor's revision to the Activity Schedule if it does not comply with the Accepted Programme.  This looks as if the Accepted Programme  therefore takes precedence above the Activity Schedule.

In Option B, the bill of quantities takes precedence over the Works Information because Clause 60.6 says the Project Manager corrects a mistake in the bill of quantities (due to ambiguity or inconsistency) and such action will be a compensation event.  The compensation event is assessed as if the Contractor had taken the bill of quantities as correct.  So it seems that the bill of quantities takes precedence over the Works Information.

Are you confused yet? To make things more simple why not use a Z clause stating "The order of precedence of contract documents is ......" .  If you would like more information on NEC3 and Z clauses, why not sign up to one of our seminars, to be held in February, on 'NEC Z clauses: are they necessary?' 

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