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NEC ECC: Switching price from Option E to Option A

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Our client wishes to commence a defined part of the works under an Option E contract in order to inform and then determine a fixed price for the remainder of the works. If the initial works are commenced under Option E can the price then be switched to a fixed lump sum?
asked Jun 25 in Main options by Andy Mills (160 points)  

1 Answer

+1 vote
In practice "Yes' BUT it would have to be by a Supplemental Agreement to change it, all details would have to be agreed, written down and signed by both Parties. That would include the Prices which would become a meaningful figure for both Parties.

I would suggest that you agree as much of the details as you can now including the criteria for when/what state you make the switch and how the Prices etc are agreed.
answered Jun 26 by Jon Broome Panel Members (56,570 points)