Contract - Option B Ammended
Issue: Contractor has changed methodology to mitigate programme. What to pay?
Civil contractor working under NEC3 ECC Option B. BOQ under method of measurement for CESMM 4.
Example of issue:
Approx 12 no equipment foundations to be carried out in an area approx. 50m x 30m and various duct excavations. Priced under the BOQ as localized excavations for each individual foundation/duct run. Due to programme slippage Contractor has decided to mass excavate i.e. a change of methodology for their own mitigation reasons.
My question is what to pay the Subcontractor? The event is a change to suit their own methods and I don’t believe should qualify as a CE under any of the Option B clauses. The BOQ rate items are no longer applicable to the works as this has changed method. Do you allow for a new rate to be added for mass excavation and back fill or do you pay against the original quants what they would have got under the BOQ items?