NEC 4 ECC Option A - Compensation event notified in error

NEC3 and NEC4 Contracts Compensation Events
1

On an option A contract the project manager instructed a scope change and notified a compensation event (60.1.1). The contractor has completed the work, and provided a quotation for the CE but the CE hasn’t been implemented yet some 6 months after the original CE notification date.

The PM has subsequently discovered that the change of scope it instructed was not actually required as the work undertaken already formed part of the scope. The contractor has not notified the PM of its failure to reply to the quotation therefore 62.6 hasn’t been triggered and therefore the CE has not been deemed to have been accepted by the PM.

As the CE hasn’t been implemented, is it simply a case of assessing the CE as no change to the prices and Completion Date? Reason being that there hasn’t been a change in scope despite the PM notifying one.

2

I think that a common sense answer to this is that the CE is of nil effect given that there was no actual change in the Scope. So I think that the instruction should simply be ignore.