NEC 3 Option A Term Service Agreement

We have submitted a revised methodology for vacuum excavation in lieu of hand excavation, do.

Our contract has been amended and is remeasurable , can the client request a saving via a CE

I’m not sure if you’re referring to the Term Service Contract (TSC) or not however assuming you are then unless the Employer specified the method in the Service Information / Task then no they cannot ask for a saving via a CE. All CEs have to be for a reason stated at clause 60.1 or in the case of Task Orders a reason stated at clause X19.10.

You say your contract has been amended and is remeasurable so without sight of the amendments it’s impossible to comment on this point. If it was an unamended Option A TSC and there were rates in the Price List for excavation then you would be paid using the rate multiplied by the quantity. If there are no rates in the Price List then you can derive a new rate from a rate in the Price List (if relevant) but only by agreement (see clause 63.3) otherwise the assessment will be based on Defined Cost plus Fee.

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