NEC ECC Option C Contract
A quotation was submitted by the Contractor for works which included a large amount of temporary works and contractors design works. The quotation was based on a forecast of defined cost.
Before the quotation was assessed by the PM, it became evident that the method of working priced in the CE quotation wouldn’t work and an alternative solution had to be found. The revised methods costs were far greater than that originally priced.
The PM rejected the CE based on the original method of working, valuing it at far less than that submitted by the Contractor.
Can the Contractor resubmit the quotation based on the actual method of working as the PM has rejected the Contractors offer?
Nothing to stop the Contractor submitting a revised higher quote providing that would have been a reasonable forecast initially. If the revised method is only because say the Contractor did not plan the initial method in time and now they need to switch to a more expensive method then no. Assuming that is not the case and now it is just clear that to do the works initially would have required a more expensive method then nothing to stop this being quoted accordingly. However, I would recommend you do chapter and verse explaining all the details of why this is a reasonable/sensible quotation including all areas of risk as clearly the Project Manager is not expecting the costs to go up and probably thought they should be going down.
Once the PM has your fully detailed quote if they don’t agree they can assess themselves, but can only take out elements they don’t think have been assessed correctly and in accordance with the contract. Clause 63.1 emphasises that CE’s should be assessed as a forecast (not actual).
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