The situation at hand is as follows and relates to Option C and hope you can assist;
The PM instructed the Contractor to submit a quotation for additional work. The Contractor was late in submitting the CE circa over 8 weeks late. During this period of delay, the Contractor commenced Works and incurred cost through their sub-consultant.
The quote has now been submitted by the Contractor and assessed by the PM at a much lower value. The Contractor is now claiming that he has incurred costs and based his assessment on Defined costs rather than forecast cost.
Q1. Does the Contractor have any grounds to base his quote on defined costs after submitting the quote 5 weeks outside the ‘time allowed’?
Q2. Can the PM firmly close the argument by assessing the quote in accordance with clause 64.1 (1)
“64.1 The Project Manager assesses a compensation event
if the Contractor has not submitted a quotation and details of his assessment within the time allowed”
Q3. Are there any other clauses/solutions that will bring relief to the PM?