NEC ECC: Compensation event due to changes in works information during tendering stage

The PM is claiming that during a compulsory site briefing it was pointed to the Contractor that the building to be renovated is a live building hence the Contractor should have incorporated pricing for phase movement of people during construction or for hiring mobile classrooms. However, the original works information drafted in the tender document makes no mention of the methodology that the Contractor should follow during construction since it’s a live building. The Contractor is therefore raising a Compensation event since now we need to hire mobile classrooms in order to work in phases, the PM is claiming that the Contractor should have made necessary arrangements to provide the works and to pricing since this was pointed out during site briefing, however still the Employer didn’t mention a specific methodology of working or even if the Contractor is to design the methodology under contract data part 2.

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I think :

  • the compulsory site briefing is contractually irrelevant;
  • this comes down to what exactly was said in the Works Information in terms of constraints that the Contractor has to work under. If the WI just says, for example, that the Contractor has to keep the building operational by providing alternative facilities then that is what you have to do. If you produce a methodology which does this, but the PM/Employer do not like it and want to impose additional constraints, then they would need to change the WI to incorporate these additional constraints which would be a compensation event…