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NEC ECC: Introduction of new note (parameter) on updated drawing - compensation event or not?)
ECC Option A contract. The PM has issued an updated drawing from tender relating to a CDP item. There is a new drawing note stating that additional temporary works 'may' be required due to the specific structural element relying on the structural properties of another part of the structure being cast. The PM claims that as this is a CDP item it is the contractor's responsibility and upon design the Contractor would have had to complete this additional temporary works.
Conversely at tender, this note did not exist and therefore the Contractor could have never known that this element relied on another element in the structure (3 floors above) to be able to remove the temporary works.
What would the contractual standing on this point be? Is this a valid compensation event where a new parameter has been added and therefore the contractor can claim for the extended temporary works duration?
Assuming that the drawing in questions sits within the Works Information under your contract, then revising it is a Compensation Event under clause 60.1(1). The Works Information has been changed and the Contractor should be entitled to a change in the Prices and the Completion Date commensurate with the impact on his works (including design).
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The issuing of a revised drawing is a compensation event under clause 60.1(1), any additional cost and / or time incurred by the Contractor in relation to what is shown on the revised drawing can be included the compensation event quotation. So if you have to do more design and construction work as a result of the revised drawing you are entitled to recover the cost and time associated.
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