ECC Option C: Are progressive scope of work treated as CEs?

NEC3 and NEC4 Contracts Compensation Events
1

ECC Option C (unamended)
Party: Contractor

Scenario:

  1. Contract was executed based on overarching scope and detailed scope information was to be provided progressively throughout the project.
  2. Contract Data: The tendered total of the Prices is To be developed progressively as Scope has been priced.
  3. The packages of Scope were quoted by the Contractor when detailed information was received and submitted to the PM.
  4. The PM issues a Purchase Order when he/she is satisfied with the quote.

Note:

  • The PM did not issue a Project Manager Instruction for the packages of Scope.
  • Neither the PM nor the Contractor has issued a CE Notice per 61.1 or 61.3.

Query:
A. Should the progressive detailed scope issuance be treated as a CE per 60.1(1)?
B. Does #4 constitute the PM’s acceptance and consequently implementation of a CE (subject to #A)?
C. If the response to #B is “No”, is it correct to say that the Prices, the Completion Date and Key Dates are not changed?
D. What is the Contractor’s obligation with respect to these progressive packages of Scope?

2

This is really strange. My thoughts are:

A: Yes.
B: I could see a scenario whereby it could probably be argued that, yes, this is acceptance. Though a better system should be implemented IMO.
C: N/A
D: if they’re not receiving PMIs then I don’t see them having any obligations to do any additional work until such a time a PMI is given.

Again, this seems really odd. Can’t comment too much without getting into the weeds of the contract I’m afraid.