If the Contractors Works Information states a superior system to the Employers Works Information such as more sophisticated item of M & E. Upon the Project Manager asking the Employer what preference they have, the Employer has asked for the item within the Contractors Works Information. Is this a change to the Employers Works Information so a CE, or is this a case where the Employer gets to chose the better product as it is considered to be allowed for anyway so not a CE?
No this would not be a CE under NEC3 as the Contractor has not been instructed to provide a higher spec they have chosen to do so themselves. It would not be a compensation event for a reason stated in 60.1.
Under NEC4 If you proposed it to provide long term operational savings, then if you suggested this and had a quotation has agreed under NEC4 then the increased price would be paid.