As the Contractor, we have been closing Defects as per the contractual requirements.
We have a situation where in some instances, in order to close the Defect we have been required to submit a change proposal to change the Works Information.
To explain this process I have provided an example below;
The half landings of a stair core were to be a natural screed finish. However during inspection it was jointly agreed (Contractor & Supervisor) that the finish to the screed was not acceptable.
This had 3 actions for the Contractor;
- We submitted a change proposal to coat the screed with a concrete re-surfacer to achieve an acceptable finish. (Under cl 21.1). This was accepted by the PM.
2.) We submitted revised floor finish drawings for acceptance, showing the concrete re-surfacer. This was accepted by the PM.
3.) We completed the works and offered them to the Supervisor for acceptance. The works were accepted by the Supervisor, who, following the Design acceptance by the PM of items 1 & 2, then closed the Defect.
The PM has now responded stating that previous change proposals are to be treated under cl 44 and the Contractor is to submit a retrospective quotation for each for reduced prices or an earlier completion date. This would mean retrospectively raising 20 quotations for work which is accepted. (Please note we are not yet at our Completion date).
Clearly we disagree with this interpretation and we are not going to submit the quotations. We are in an unusual position as both the Supervisor and Employer are in agreement with the Contractor.
The question is, what is the appropriate way to respond to the PM so that we are covered contractually?
We had wondered whether it would be appropriate to send an EWN to the PM stating that we don’t consider his decision to be fair or impartial as implied by the requirements of cl 10 and is therefore invalid. We would go on to state that we have followed the requirements of cl 43 and that we are not going to provide the quotations as part of cl 44 as this is not appropriate.
We would be grateful for your advice.