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IACCM Contract Management Forum

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Delco Automation Inc
2018-09-17 19:01:45

Part Number vs Description

We are working on a project whereby the Engineer's tender document had an error in the specification where they listed a part number and a description of the part, however, the 2 were marginally different and we priced according to the part number, which turned out to be the incorrect part. The order of precedence has specifications above drawings; I've confirmed that drawings did not give any indication into the part. The engineer is saying that we ought to have reasonably known there was a conflict in the part number vs the description and the owner does not want to bear the cost for this correction. We have not yet ordered the products nor have we submitted any shop drawings or product sheets. Since the order of precedence isn't going to help here, what has been your experience when there is a conflict between a part number and the description of a part? I can confirm that the contract does not have a precedent of part number vs a description.
 
 •   2018-12-11 00:21:45
I'm not sure I can reflect on any experience that directly relates. However, I would like to comment and also hear from you an update as to this situation.

Unless the terms and conditions of the contract specifically indemnify the other party [that produced the documentation] in relation to errors and omissions in its own documentation, then you have grounds to negotiate a variation for the higher price of the preferred product. Depending on the scale of the change, perhaps it's best to absorb the cost and seek savings elsewhere...

What was the resolution?
 
 
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