I have a scenario on a project carried out under NEC3 ECC Option B. See below:
1- Contractor carries out additional work instructed under PMI and did not issue a CE until the work was completed, due to programme pressures.
2 - PM does not accept Contractor CE and opts to carry out his own assessment
3 - Value of CE is reduced through PMA due to unsubstantiated costs presented.
4 - Contractor does not notify the PM of there position on PMA CE value (i.e. intention to move to adjudication). In addition, the Contractor does not attempt to provide any further substantiation of costs presented within CE, i.e. sub-contractor invoice costs.
5 - The Contractor has now chose to re-submit the CE (2 Months after PMA) with both additional costs not initially included and sub-contractor invoices which relate to PMA.
I appreciate this scenario demonstrates poor administration of the NEC Contract, due to works being implemented without acceptance of quotation, however I would like to gain some opinion on the applicableness of Cl 65. The term “Forecast” appears to be causing some discussion within this scenario, as the works have already being completed.
Has anyone ever had any experience of this before?