ABSTRACT

The contractor’s proposals should be in the format and contain the information stipulated in the employer’s requirements. The proposals should indicate clearly any areas of conflict in the requirements, and any instances where the contractor has found it necessary to amend or amplify the brief. The contractor is required to notify the employer if it finds any discrepancies or divergences ‘in or between’ the employer’s requirements, the contractor’s proposals and other design documents, and any instructions. The contractor must inform the employer of its proposed amendment and the contract requires the employer to ‘note the amendment on the Contract Documents’, i.e. the executed contract documents. The contractor must be provided with one certified copy of the certified contract documents, unless the building information modelling protocol or other communication protocol states otherwise. The recital is somewhat problematic from the point of view of the employer in that it appears to give precedence to the contractor’s proposals and the contract sum analysis.