What if a compensation event under NEC3 Option B was instructed/accepted, however it appears a mistake was made when inputting the quantities (less than actually needed)? Would this just be re-measured and another CE instructed?
Two obvious things spring to mind to answer this question :
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How was the original CE worded ? If the original wording is not valid - i.e. it contained the quantities and these were wrong - then it would be another CE under clause 60.1 (1).
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Does the change in quantities satisfy the criteria listed either in clause 60.4 or 60.5. If âYesâ, it is again a compensation event.
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Hi Jon
Thanks for the response. Could you explain your point about the original working not being valid?
re. 60.1, the Works Information has already been changed and therefore the CE was submitted and accepted/implemented. As such, the confusion has arisen about whether additional cost may be paid.
If the original wording said âexcavate 20m3 of material for the hole down to formation levelâ and it turned out to be 30m3, then the original instruction was ambiguous and therefore needs to be corrected. If the wording was just âexcavate down to formation levelâ, then it wouldnât be another compensation event.
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If the wording and basis of the PMI (& CE pricing) was to excavate 20m3 of material, yet in fact 30m3 was eventually required to be excavated when the works were undertaken, this same CE once inputted in to the BoQ (Cl 11.2(22)) would be remeasured as if the item had always been in the BoQ. Having said this, I suspect remeasurement would only apply where rates and prices have been used (Cl 63.13).
As I understand CEâs themselves are also remeasured under Option B & D if rates and prices are developed and agreed to be used to price CEs.
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