NEC ECC: Option D, payment for the purchased equipment under SCC22 – no open market rate can be referenced

The Contractor decided to purchase equipment to complete the works.However, SCC 23 and 24 have been deleted under the contract. Therefore, the only way for make payment to be make is through SCC 22 which state: “…open market rates multiplied by the time for which the Equipment is required”. The problem is that there are no open market rates that can be referenced in my country for such equipment.

Question : How can I assess the payment?

I would suggest seeking to change the contract in accordance with clause 12.3 and re-introduce SCC items 23 and 24 if an open market rate cannot be agreed on. Alternatively you could agree to use SCC items 23 and 24 as the basis to calculate the open market rate to charge under item 22. The difference between the suggestions is that the second one only requires agreement between the PM and the Contractor, whereas the first one needs agreement between the Employer and Contractor and for this agreement to be a more formalised, legally binding contract change.