I assume that I omit scope as a Compensation Event under Clause 60.1 but in the absence of a quotation from the Subcontractor, do I do a Contractors Assessment based on the forecast of the cost or the actual cost, where the scope is now being carried out by another Subcontractor?
Regarding the forecast/actual cost issue, you would have to look at when you gave the instruction for the reduction in scope (actual cost before and forecast after).
Having said that, unless the subcontract specifically provides so (the unamended NEC3 ECS does not), you cannot legally omit scope and give it to another subcontractor - it would be a breach and the subcontractor could notify a CE under 60.1 (18).
Thank you for the response Peter,
The item in question is secondary steelwork which the MEP Subcontractor agrees is in their scope but is unable to source, the Subcontractor has requested the Contractor provides it on their behalf.
Thanks Matt - all good then.
Mat - just for good measure it might be worth treating as a proposed CE, ask the Subcontractor for a quotation if you were to remove that element of Scope.