Contractor Assumptions

The Contractor has issued a quotation which we subsequently PM assessed.

The quotation had a front sheet with a list of “clarifications”

On our assessment we have agreed some and disagreed others.

I know this is not how PM assumptions work but do these become assumptions now we have clearly agreed them on the front sheet and implemented the compensation event?

The reason I ask is the Contractor is trying to claim something they claimed for in the previous CE again stating the WI never changed and its for a substantial amount of money to which we believe is not in the spirit of the Contract. But probably Contractually correct.

Thanks in advance

If I understand correctly, something stated in your PM assessment (by way of assumption/clarification) gave rise to another CE claim by the Contractor.

I believe that you first need to determine if that statement is indeed an assumption as described in clause 61.6 and if the assessment is based on that assumption; if that is the case and the assumption is now found to be wrong, then a correction needs to be notified by the PM which will give rise to another CE (clause 60.1 (17)).

If the above test fails, then I would suggest that the statement in question has the same evidential weight as any other communication exchanged (e.g. an email referring to the WI), and the implementation of the CE would be irrelevant.