NEC ECC: Option A, Acceptance of Contractors alternative design/proposal

Looking for a resolution to a design responsibility issue that has arose on an Employers design option A contract.The Contractor is carrying out the work to the Employers design and has found some difficulty/not impossible to construct an element of the works, to progress the works the Contractor has submitted a proposal to make construction easier or to disguise bad planning and the need for a defect. The PM has accepted the proposals to avoid any delays.

The question remains, would the Contractor be responsible for the submitted design or would this transfer over to the Employer or Employers designers on acceptance, it should be noted that the Works Information states that there is no design responsibility on the Contractor.

Design liability remains the same - so as the Project Manager you need to consider the alternative design carefully. It is worth pointing out that under NEC3 this will be a compensation event and any saving that this event is assessed at will lower the total of the Prices and the Employer gets full benefit. Under NEC4, the Contractor can suggest alternative designs even when it is an Employer design and the savings would be shared using the value engineering ratio in CD part 1.