NEC ECC: Have submitted a design for a floor which Works Information was non-specific about in its type. Employer is now considering marble

Contract was awarded on a design and build Option C basis. The works information was non-specific in regard to what type of floor was to be used and as such designs for a polished concrete floor have been submitted, which to my knowing comply with the works information.

I have now been informed that employer has been considering marble flooring instead and I’m a little unsure of how to manage this? Ideally from our perspective the polished concrete floor would be the more preferred option.

I am of the opinion that if it complies with works information he cannot reject the design, if you could confirm this would be great & but also what happens if he can/does reject it?

If the polished concrete design complies with the WI and the PM does not accept it, then it would be a compensation event under clause 60.1(9). If the Employer via its PM insists on a marble floor, then they should instruct a change to the Works Information which would be a compensation event under 60.1(1).

Included in the quotation would - without knowing the details - be the re-design, the increased cost of marble and any delay and disruption caused by the late change of mind.

If the PM believes that the initial Works Information was clear enough for it be a marble floor, then ask for an instruction to do marble. That would still be a compensation event as it is a change to the WI, but the PM would say it does not change your Defined Costs as you should have allowed for it. If you still can’t get him to change his mind, then ultimately it will result in adjudication.

Ok great, is there a time limit to his response or what happens if I don’t hear back? The date for when acceptance is needed so I can get materials ordered in time is approaching and going past that may cause considerable delay. If you could advise what might be best route would be great, thanks

Flag as an early warning.