NEC ECC: Omitting of works

NEC3 and NEC4 Contracts Compensation Events
1

The contract is NEC3 Option A,
The Project Manager has issued an instruction to omit a 250mm diameter duct run and 4 chambers, shown on the drawings but is not detailed/specified in any other document;

Can the Project Manager assess this as an omission to the Total of The Prices.

The drawings are annexed to the Employers Work Specification which forms part of the Works Information.
The duct run is not detailed within the Employers Work Specification or any other document forming part of the Works Information.
All other duct runs are specifically identified on both the drawings and within the Employers Work Specification under the Scope of Works section.

2

From what you say - i.e. “The drawings are annexed to the Employers Work Specification which forms part of the Works Information.” - these are part of the Works Information and therefore part of the original contract, even though the accompanying detail might not be there in the Employer’s Works Specification as per the other drawings.

Therefore, the Project Manager, if this is no longer wanted can omit them from the Works Information by giving an instruction changing the Works Information, which would be a compensation event and one of only two for which the Prices can be reduced.