On an asset refurbishment contract under the NEC4 ECC using Option A, the Project Manager instructs a change to the Scope. The change is for some additional works. These works are likely to be carried out in January and the Contractor has allowed for night-time working. The Contractor submits a quotation which is inclusive of an allowance for anticipated poor weather, night-time working and the Fee. The Project Manager accepts the quotation.
In fact, the work is carried out in March, during the day and also during a spell of fine weather. From records the approximate Defined Cost plus Fee for this work was 60% of the quotation.
a. How much should the Contractor be paid for the work, what are the relevant provisions and could the Project Manager have managed this differently?
b. How much would the Contractor be paid for this work if it were under an Option C contract instead?
c. If the additional works are carried out before the compensation event is assessed, is the Contractor paid a reasonable sum for the additional works in the next assessment?