6.3.1 The Contract, the Schedules and Severability

 
 


The WIDP Contract (Clause 1.3) makes it clear that the Schedules to the Contract are part of the Contract, i.e. the main body is only a sub-element of the whole Contract. The Contract Manager should therefore always ensure the Schedules are not overlooked in the development of contract management systems including the document management arrangements.

Given the length of the Contract there is always a possibility that are internal inconsistencies. If there are any inconsistencies between the main body of the Contract and a Schedule, the WIDP Contract (Clause 2.1) makes it clear that the provisions in the main body will take precedence.  Similarly, for any inconsistencies between the Authority's Requirements (Schedule 2) and the Contractor's Proposals (Schedule 3) the former will take precedence. 

It is also possible one or more provisions within the Contract might be found to be invalid or unenforceable at some point over the term of the Contract. For the avoidance of doubt the WIDP Contract (Clause 96) makes it clear that the remainder of the Contract would not be affected in the scenario and would still be enforceable. Thus the contractual relationship between Authority and Contractor would be able to continue in this scenario. 

If any provisions are found to be invalid or unenforceable the Contract Management Team must remain aware of this for the remainder of the Contract term. Therefore the arrangements for storing the Contract (see Section 7.6.2) must include a process for recording the fact that parts of the documents are no longer valid as well as any formal Changes to the Contract.