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NEC ECC: Option B:- Compensation Events and missing items
A Contractor has missed items within their CE Quotations which have been agreed and paid in an assessment by the PM.
They are adamant that they can claim these missed items within the BoQ remeasure.
Is this the case?
At the moment as the client, we are not in agreement with this. We feel they had the opportunity but poor estimating by the Contractor during the quotation stage has cost them.
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Under main option B there are specific contract provisions which deal with a change in quantities under clause 60.4., although all of the requirements in the stated bullet points must apply, which doesn't mean that the contract is 're-measurable'. The exception is that a change in quantities which causes 'a delay' is always a compensation event, as stated at clause 60.5..
If items are 'missed' within a quotation assessment then that is a risk which needs to be addressed by the Contractor by the use of assured and consistent contract administration. The Project Manager is not obliged to correct 'mistakes' and his part in this instance is to; accept a quotation, instruct the submission of a revised quotation or to undertake his own assessment, where one of the bullet points under clause 64.1 applies.
Furthermore, it is clear from the case of Costain v Tarmac (2017), that the obligation to 'act in a spirit of mutual trust and cooperation' does not mean doing the other person's job for them.
I agree with Andrew's answer above.
Furthermore, I guess one needs to clarify what they mean by claiming these items in the remeasure? Are they items which simply have to do with an increase in quantities in other words simply rate x quantities or are they items that are specific to the CE raised.
If specific to the CE raised then they have missed their opportunity for claiming as explained by Andrew.
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