Contractor Claim for CE for conflicting information

NEC3 and NEC4 Contracts Compensation Events
1

NEC4 EEC option B Contract.

The contract consists of 3 steel framed retail units and associated external works. Steel frame was designed by Structural Engineers with detailing by the steelwork contractor.

Steelwork subcontractor produced fabrication drawings and these were checked by the Engineer and approved. Amongst the details produced by the subcontractor, the base plates to the columns were altered in size with bolt spacing also altered. Structural Engineers’ drawings were not altered to match the Subcontractor’s.

The sign-off process was: Subcontractor >> Contractor >> Architect >> Engineer, though all parties were copied into the correspondence.

When the formwork was set, the setting out engineer used the original drawings with the original bolt positions. Fortunately this was noticed before the concrete was placed and the bolt box formwork altered.

The Contractor is claiming a CE for the alterations, even though they were fully aware of the Subcontractor’s proposal and that it had been checked and approved by the Structural Engineer.

Other information that may be relevant:

Z Clause:

Delete clause 25.1 and add the following:

The *Contractor* co-operates with the *Client,* the *Project Manager* and Others in obtaining information which they need in connection with their work and the *works* . The *Contractor* obtains approvals and consents from Others as stated in the Scope.

The *Contractor* advises the *Project Manager* on the practical implications of the design of the *works* and other work in connection with this contract.

The *Contractor* consults and co-operates with the *Client* , the *Project Manager* and Others in the planning and programming of work in connection with this contract and other work affected by the *works* .

The *Contractor* co-operates and shares the Working Areas with the *Client* and Others as stated in the Scope. The *Contactor* co-ordinates its work with the work of the *Client* and Others as stated in the Scope

The Project Manager works for the Architects’ Practice.

Thanks in advance

2

The key point here is whether the ‘approval’ by the Engineer was an instruction to change the Scope. If it wasn’t, then the Contractor was correct to set out the bold boxes in the original position and any subsequent change to that would be an instruction and a compensation event. If the proposed change was approved by the Engineer and the Engineer was not the Project Manager then it is difficult to argue that it was an instruction. Much of this depends on the facts and the actual communications.