We are a subcontractor working under NEC 4 on an Option A contract.
We have produced a number of forecast quotations for items of work none of which have a programme effect.
The contractor has assessed them by unilaterally reducing our forecast labour allowances in a JCT type fashion.
Where do we stand in this instance?
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The Contractor can only do what he has done if he rejects your quotation and instructs you to requote with a list of assumptions on labour allowances.
Once you requote based on his assumption, if the resources turn out to be higher, you can raise another CE to cover the difference between the resources he wants you to quote and the actual resources used.
This is the preferred solution, which covers everyone.
IF he ignore this request and implemented a lower valuation than you have quoted you have two options (listed in order of preference)
- Escalate to the director in charge and ask him why this guy is not following the contract agreed between you.
- Adjudicate on the principle that he is wrong, which, when you win, the contractor will have to actually asses it fairly.