We are a Subcontractor and have a project under NEC3 ECSC option A which has not been administered very well by the Contractor. Some time ago, a defect was found on the fan impellers which we proposed to rectify in compliance with the Works Information. However, the Contractor will not accept the design unless the new impellers go through FEA analysis which was not a testing compliance under the original WI. Our design has been rejected several times on this basis and with no guidance on there requirements. This has been ongoing for 12 months and as such delayed Completion.
Can the Contractor do this under the contract as this is technically acceptance of a design (21.2)? In addition, if the requirement for FEA analyse is required, should this not have been a CE change to WI?
To make things more complicated, to resolve the ongoing issues with other CE’s, we, as a company, agreed to settle the account outside the NEC framework. As such, we are now working outside of any contractual dates. in which case can they still choose to administration under the NEC guidlines?