JCT ICSub/A 2016 Intermediate Sub-Contract Article 3A; Sub-Contract Sum & Final Sub-Contract Sum

We have a sub-contract on the above basis.

We have a set of tender drawings on which the sub-contract was based and were subsequently issued a set of construction issue drawings under cover of a variation. The contractor’s QS has completely re-measured the package under the variation which has resulted in a reduction to our account.

My argument is that only change to each drawing can be valued and that they are not entitled to remeasure as we are not on an article 3B.

Am I correct and what is “the Adjustment Basis” as stated in article 3A?

We do have a Contract Sum Analysis with quantities and rates, however, should they have later proved to be incorrect my argument is that that is that is moot and it was merely a means to arrive at a contract sum on which we were taking the risk.

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@stevencevans @Mike_Tiplady any thoughts on the above question?

No thoughts on this?

Hello there.

Good question and a situation that often arises.

You don’t remeasure the original works as you are not on a remeasure contract Option 3B and you cant change the basis of the Sub-Contract via a Variation instruction so you stay fixed price on the original scope of works and then value any Variations under the Valuation of changes rules (which will be on a like for like basis).

Hope this helps.


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Thanks Mike @paulob hopefully this helps