As the Employer on an NEC3 PSC contract, we instructed our Consultant to provide a quotation for an additional piece of work. The Consultant submitted a quotation including a cost, a time risk allowance and a supporting schedule of services. We accepted this quotation.
Now that the instruction has been completed, it has become clear that some of the tasks listed in the Consultant’s schedule of services were not actually required.
As Employer, should we assess this ourselves under clause 64.1, or should the unnecessary tasks listed be treated as a new compensation event? If a new CE is appropriate, would clause 60.1(7) or 60.1(9) be relevant?
In relation to clause 60.1(9), we are mindful that the assumptions were not stated by us as the Employer — they were principally assumptions made by the Consultant about what they thought they needed to carry out the instruction.