NEC ECS: Fuel charges within a CE that were stated verbally.

NEC 3 (Option B)

Confirmation of agreed Verbal Instruction:
Subcontractor agreed to provide a 3 man crew with an excavator for an agreed lump sum rate on a 9 Hour shift to do non contractual works.
Subcontractor applied for additional supplementary charges for Supervision and Vehicles on top of the agreed rate as these were not noted within the CVI.

Contractor rejects both the supplementary charges and deducts fuel for the machine . Fuel was also not mentioned on the CVI.

Can the Subcontractor recover costs associated stated above for (additional supplementary charges ) ie. supervision / vehicles and fuel deduction

More fundamental point is that there is no such thing as a verbal instruction, and no such thing as a CVI. If the Contractor is asking them to do something that is different to the Works Information then they should instruct the Subcontractor in writing. If they don’t do this - then don’t do the work. Clause 20.1 obligates you to do the work in accordance with the Works Information - so to do anything else could result in a defect. l

So you should have an instruction as to what the Contractor wants (or wanted) you to do, you should notify this is a CE (if they don’t) and then you can claim anything the Shorter Schedule of Cost Components says you can claim for.