Additional works to be carried out by Others

NEC3 and NEC4 Contracts Compensation Events
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Others will carry out additional work on the Site that is not stated in the Works Information. It is understood that it is a compensation event under clause 60.1(5) under NEC3. A local amendment to the ECC that clause 60.1(5) will only entitle for time and there will be no change to the Prices (i.e. not entitle for additional cost).

May the contractor argues that such additional works to be carried out by Others is a change to the Works Information under clause 60.1(1) so as he can be entitled for additional recovery.

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That would be far fetched Tony, in my view; your first sentence describes exactly what clause 60.1 (5) (3rd bullet point) provides for.

Besides, even if your suggestion had any merit (I believe it doesn’t), for the Works Information to be changed you would generally need an instruction by the PM.

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Thanks Peter.

In case the PM issue an instruction for the additional works, can we adopt clause 60.1 for the event?

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Tony, it would depend on the wording of the instruction and the context in general; by way of example, was the work of “Others” originally mentioned in the Works Information or was it only introduced now? Keep in mind that this clause (60.1 (5)) goes hand-in-hand with clause 25.1, whereas the Contractor is obliged to co-operate with Others as stated in the Works Information.

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