I am currently working on a contract using NEC4 Contracts
According to the Particular Specification, material for water pipe should be A or B (A is more expensive than B). The Project Manager subsequently confirmed that material A should be used.
It seems the confirmation is not a change to the Particular Specification/Scope. How does the Contractor be reimbursed the cost difference?
This does not appear to be ambiguous and effectively provides a choice between A and B.
You don’t say whether you have any design responsibility or what the criteria is for that design, although if the PM has given an instruction to use A (check that this complies with the communication requirements under the contract) then this is a change to the Scope.
I would suggest notifying a compensation event accordingly.
Dear Andrew
Thank you for your prompt reply.
The Contractor does not have design responsibility and both material A and B are complying with the design standard.
From what you have said, the obvious choice would be to price for the cheapest option, so a change to this ‘choice’ would be a change to the Scope and a compensation event.
thank you for the prompt reply