NEC3 ECC: Impact of quantities being stated in the Works Information when using an Option C

NEC3 and NEC4 Contracts Compensation Events
1

Under an ECC3 Option C contract, the Works Information contains a number of schedules which include quantities of work to undertake; an example is ducting and lets say it states there is 4,580KM of 100mm 4-way duct to install.

On review of the drawings and following a take-off of quants for procurement purposes, the Contractor finds that there is in fact 5,000KM of 100mm 4-way duct to install.

Would the Contractor be entitled to a Compensation Event for an additional 420m of ducting?

Potentially the Contractor could raise a notification under Clause 17.1 of an ambiguity or inconsistency between the documents and dependent of the response, any subsequent change to Works Information to resolve the ambiguity or inconsistency would be a Compensation Event and which further to Clause 63.8 would be assessed most favorable to the Contractor.

This example opens up a wider question on what is the impact of stating quantities within the Works Information albeit clearly an Option C contract is not remeasurable?

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The definition of Works Information 11.2(19) is information which either

  • specifies and describes the works or
  • states any constraints on how the Contractor Provides the Works

In this instance because the quantities are stated in the Works Information then a change in quantity is a change to the Works Information and the Contractor can notify a compensation event under clause 60.1.1 change to the Works Information.

The usual rule is that in ECC main Option A and C the Contractor takes the risk for the quantity of work required. However if quantities are stated in the Works Information and these are incorrect then this is a change in the Works Information and a compensation event under clause 60.1(1)

I would agree with your comment that if quantities are stated in the Works Information and these are incorrect then this is an Employer risk.

So if I were the Contractor I would notify a compensation event under 60.1(1) for a change in the Works Information.