I am currently project managing an Option B contract which is in essence a filling of an existing V shape valley to provide a level surface for an infrastructure. As well as the BoQ, the control of the settlement of the area has been made a Contractor design element.
The WI defines the extent of the area of the Contractor design element by an indicative line which is parallel with the existing side slopes of the valley (no benching detail was provided in the WI). The Contractor’s design solution does proposed a benching detail to stitch the new works into the existing and he is claiming that it constitutes a compensation event. I am in the opinion the Contractor is correct, it constitutes a CE because it is a change in the WI and an increase in quantities as per Cl. 60.4.
The Contractor has submitted changes for his rates for additional quantities over and above the BoQ quantities.
Could you please advise how to proceed?