NEC ECC: Tender Letter with Clarification not in the contract

NEC3 and NEC4 Contracts Compensation Events
1

We have done some extra work ,i.e more volume than specifced in tender justification letter. Client’ PM insist this is not an CEN as the tender letter is not part of contract document and have not been listed in the contract.

Where can i move from these. (apprently we have several changes!)

2

Please can you amplify :

  • what is the description of the works?
  • what main payment option you are under?
  • what was in your tender justification letter ? (I assume this is from the Contractor)
  • what is the nature of the extra work you have done ? Is it more than / different from what it is the Works Information ? Or just more than in a BoQ ?
3

If the ‘tender justification letter’ is not referenced in the contract documentation (Contract Data Part 2 for instance) then the entire agreement clause (12.4) may preclude this from being relied upon anyway. The scope should be determined in the Works Information, whether Employer or Contractor provided, which 'baselines this.

To me, this highlights the need to thoroughly peer review the entire contract documentation before the contract is entered into, which should highlight any differences between what you expected to do and what you will be contractually obliged to do.