With over 500 lawyers we would expect to be able to provide the specialist skill and experience that you need. Browse our lawyers and teams below.
With nearly 500 lawyers we have the skills and experience you need.
Are you coming to one of our offices and need to know how to find us?
Send us your enquiry and we will get back to you as soon as possible
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?'
Senior Legal Adviser
Register for My M&R to stay up-to-date with legal news and events, create brochures and bookmark pages.
Log in to your client extranet for free matter information, know-how and documents.
Mills & Reeve system for employees.
Added to your bookmarks
This will be stored in your bookmarks list for 90 days or until you remove it.
This page has been added to your brochure. To manage your brochure click on the button below.
Or click on
at the top of every page.