NEC ECS: Option B - Change of Methodology by Subcontractor

NEC3 and NEC4 Contracts Compensation Events
1

Contract - Option B Ammended

Issue: Contractor has changed methodology to mitigate programme. What to pay?

Background:

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 The BOQ rate items are no longer applicable to the works as this has changed method.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?

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if the change in method is the Contractors mitigation then the work remains to be measured in accordance with the method of measurement (based on theoretical) and valued using the bill rates.