NEC ECC: Can the Project Manager reject the Contractors design if it meets the Scope?

We put in a design for a riverbank stabilisation project. The Scope did not specify the type of stabilisation to be used. As the scope was not specific, surely any design will meet the scope. Can the PM therefore reject our design?

The Project Manager can reject the design for any reason, but if it is not for a reason in the contract then this will become a compensation event under 60.1(9) and any rework in that design would be assessed in terms of cost and time. The only contractual reason for rejection is that it doesn’t comply with the Scope or applicable law.

Would be a bit crazy if they couldn’t reject the design now they can see there is a reason they don’t like it - but the contract then says they will have to pay for that as a CE.