NEC 4 Option B - Defined Cost or Rates?

NEC3 and NEC4 Contracts Compensation Events
1

Hi,

Will try and keep this simple.

Contractor prices a job using BoQ with framework rates.

Part of job is to remove soil from an area of say 200m2, waterproof concrete and then replace same soil that was removed.

Client decides doesnt want soil replaced, but wants 20mm stone put over area instead.

BoQ has a line item for provision and laying of stone, but no quantity provided by client so although rate was included by the Contractor there was no cost attributed to tender cost.

Should the client therefore expect the work to be done on the rate (x quantity) or is the Contractor able to submit a CE based on Defined Cost under 60.1.1 PMI?

Thanks

2

Can anyone assist?

Thanks

3

@Rooze81 if this is a change to the Scope, then yes, I believe you would follow the PMI route under cl. 60.1(1) and assessment in line with cl. 63.15 (changed quantity).

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