RJul
Mechanical
- Jan 13, 2024
- 1
Hello,
I have a situation where a piece of equipment was tagged in a drawing but without specifications in the project manual. No questions were asked during a competitive tender process because all contractors missed it. The consultant is now trying to invoke a clause in the contract that basically says "If drawing and specifications are provided use them together, if not use either the drawing or specifications to provide a price". Is this clause enforceable? In my opinion, it is ambiguous. A change order was issued now that the specs were provided but now they are asking for a credit based on the clause. Please advise.
I have a situation where a piece of equipment was tagged in a drawing but without specifications in the project manual. No questions were asked during a competitive tender process because all contractors missed it. The consultant is now trying to invoke a clause in the contract that basically says "If drawing and specifications are provided use them together, if not use either the drawing or specifications to provide a price". Is this clause enforceable? In my opinion, it is ambiguous. A change order was issued now that the specs were provided but now they are asking for a credit based on the clause. Please advise.